Pubdate: Mon, 17 Dec 2001
Source: Irish Examiner (Ireland)
Copyright: Examiner Publications Ltd, 2001
Contact:  http://www.examiner.ie/
Details: http://www.mapinc.org/media/144
Author: Cormac O'Keeffe

O'DONOGHUE ORDERS DRUG LAW REVIEW TO ENSURE CORRECT SENTENCING

JUSTICE Minister John O'Donoghue has ordered a review of stringent 
drug laws amid concerns that judges are failing to hand down 
mandatory sentences for traffickers. The minister is considering 
whether certain conditions exempting judges from imposing a mandatory 
10-year-sentence for those caught with drugs with a street value of 
=A310,000 or more should be tightened up. "While I am satisfied that 
the provisions have had a beneficial effect, I am, nevertheless, 
examining the provisions in the context of forthcoming criminal 
justice legislation with a view, if such is necessary, to further 
strengthening the law in this area," he said.

There were concerns in 1999, when the measure was introduced, that it 
would infringe on the independence of the judiciary. Murder is the 
only other area of law where mandatory sentences are imposed. When a 
jury finds a defendant guilty of murder, a life sentence is handed 
down. However, under the Criminal Justice Act 1999, judges are 
allowed to refrain from imposing 10-year sentences under exceptional 
and specific circumstances in drugs cases.

In most cases, since the act was introduced, judges have invoked 
these opt-out clauses. Mr O'Donoghue said the departmental review had 
discovered the reasons for this. "Preliminary indications from the 
study suggest that the main factors taken into account by the court 
in situations where a sentence of less than 10 years has been imposed 
are where the accused pleads guilty to the offence, co-operates with 
the prosecuting authorities and materially assists the Garda S=CCoch=B7na 
with its investigations."

Earlier this year, a US State Department report criticised the 
Government for the lack of follow through on the 1999 Criminal 
Justice Act regarding the imposition of mandatory 10-year sentences.

"In the first half of 2000, six cases came before the courts and the 
mandatory sentence was not imposed in any of them. In each case, the 
courts invoked the clause allowing for lighter sentences in cases of 
'exception and specific circumstance," the report said. The report 
described Ireland as an major trans-shipment point and as a gateway 
to Europe.

Jail time dealt out

Drug dealers who escaped the 10-year-term:

* South African Clive Thompson received a three-year-term last month 
for trying to import 13 kilos of cannabis herb, worth =A327,000, into 
Dublin Airport.

* South African Tembi Mercy Cele was jailed for five years for 
importing cannabis herb worth =A317,000.

* Major Dublin dealer Thomas Delaney was jailed for seven years last 
January for his role in a haul of =A31 million worth of ecstasy.
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