Youth who remained in custody by choice walks free from court

A youth who damaged two cars while affected by cocaine walked free from Dublin Circuit Criminal Court after being jailed for …

A youth who damaged two cars while affected by cocaine walked free from Dublin Circuit Criminal Court after being jailed for six months by Judge Joseph Matthews.

Mr Mark Whelan (20), of Slademore Close, Ard na Greine, had remained in custody by choice for seven months since his arrest and successfully cleared himself of a serious cocaine addiction. Judge Matthews backdated the six months' sentence to the date he went into custody.

Ms Elaine Doyle, defending, said Mr Whelan was on drugs since he was 11-years-old but had now come to terms with his addiction. He had "borrowed" a van from his friend's home to drive to Dublin to get cocaine but then held on to it after he committed the offences.

Garda Jackie Carey told prosecuting counsel, Mr Luan Ó Braonain BL, that Mr Whelan had reversed a "borrowed" Ford Transit van into two parked cars and drove off. A woman who witnessed the incident took the number of the van. Damage amounted to over €4,000.

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Garda Carey said she stopped Mr Whelan some days later driving the van near the M50 tollbridge. Mr Whelan said damage to the van resulted from him scraping it against a wall. He also claimed he was the owner of the van. Mr Whelan failed to keep an appointment to meet her at Santry Garda station the next day. The owner had reported the van being taken without his permission and she arrested Mr Whelan at his home. Garda Carey said Mr Whelan was a close friend of the owner. He admitted he had "borrowed" the van at a time when he was high on cocaine and had damaged the cars.

Judge Matthews said that any fair person would accept Mr Whelan had faced up to his situation by remaining in custody and cleaning himself of his addiction. The probation and medical reports indicated that Mr Whelan had made "substantial inroads" into dealing with his problem.

He disqualified him from driving for 12 months and directed that he remain under probation supervision for 12 months. "I believe we should close this chapter of his life and regard it as history," he said.