A man has been imprisoned for just under seven years after he was convicted of possessing over €1.5 million worth of cocaine and ecstasy over a decade ago.
Stephen Carberry (45), of Sandymount Avenue, Dublin 4, was convicted following a trial at Dublin Circuit Criminal Court in April of five counts of possessing cannabis and ecstasy for sale and supply on May 23rd, 2013, at The Strand, Donabate. He has 62 previous convictions, primarily for road traffic matters. He had pleaded not guilty to the offences.
At a hearing on Wednesday, Judge Elma Sheahan sentenced Carberry to nine years with the final 12 months suspended, however she also gave him credit for over 360 days already served in custody.
The sentenced was backdated to April of this year, resulting in a total term of imprisonment of about six years and 10 months.
Judge Sheahan initially set a headline sentence of 11 years on the basis of aggravating factors including the seriousness of the offending and the fact that Carberry had not accepted the jury’s verdict.
Cog in drugs operation
The judge said Carberry had access to and control of significant amount of drugs and was clearly a trusted and “not insignificant” cog in the drugs operation.
However, she reduced the sentence because of the significant amount of time since Carberry was charged and the fact that he had no previous convictions.
Judge Sheahan also noted that Carberry played a very important role as a parent to his children and has supported his family of origin from a young age.
An investigating garda told Fiona Crawford BL, prosecuting, at a previous hearing that gardaí had Carberry under surveillance when they saw his silver BMW stop at a property at The Strand, Donabate, on the day in question.
After Carberry left the house, he was seen making a number of stops before he was arrested in Glasnevin.
During a search of the property, gardaí found 27.9kg of cannabis with an estimated value of over €559,000 and over 96,000 ecstasy tablets, worth approximately €968,900. A scoop and weighing scales were also found.
DNA evidence
Carberry's DNA was identified on a phone charger found at the property. When interviewed, Carberry gave gardaí an account of his movements on the day in question.
He was charged in 2014 and refused bail. He spent just under a year in custody before being released.
Carberry was subsequently re-charged in relation to this case and has been in custody since the trial's conclusion.
The investigating garda agreed with Garret Baker SC, defending, that his client has no previous convictions for drugs and has not been charged with any other drug-related offences in the decade since this offence occurred.
He accepted that the trial was delayed for various reasons, including the Covid-19 pandemic; and that Carberry attended all relevant court proceedings. He also agreed with defence counsel that Carberry's previous convictions relate to the District Court.
Mr Baker told the court his client's brother was murdered in 2019, and Carberry suffered a breakdown around the first anniversary of this loss.
Health difficulties
Carberry has a number of health difficulties. He suffers from long Covid and was hospitalised due to the virus. He is separated and has six children from two relationships. Carberry has been the primary carer for his younger children.
Carberry left school at 15 and joined the family's furniture business, the court heard.
Mr Baker said his client took up the reins of the business in 2004 for two years while his father cared for his terminally-ill mother.
A number of testimonials were handed into the court on Carberry’s behalf.
Counsel said Carberry is getting help to deal with his difficulties with cocaine.
Mr Baker asked the court to take into consideration the passage of time since this offence took place. He suggested this was a “very real and significant storm cloud to have over one's head for such a period of time, to the extent it could only be punitive in nature.”
Judge Sheahan noted that Carberry is addressing his substance abuse issues, is attending school while in custody and making regular use of the gym.
