Pubdate: Mon, 22 May 2000
Source: Irish Independent (Ireland)
Copyright: Independent Newspapers (Ireland) Ltd
Contact:  http://www.independent.ie/
Author: Tom Brady, Security Editor

DRUG TRAFFICKERS ESCAPE `CRACKDOWN' JAIL SENTENCES

Mandatory 10-year jail sentences for drug traffickers, introduced by the
Government last year in a legislative crackdown on pushers, have yet to be
handed down by the courts.

The stiff sentences for anyone convicted of possession of drugs with a
street value of pounds 10,000 or more for the purpose of sale or supply came
into force in May last year.

But twelve months later the judiciary have not yet exercised their right to
impose the full sentence on convicted traffickers. In certain cases such as
the accused person pleading guilty or being co-operative with the garda
investigation into the drug seizure the courts have the right to depart from
the minimum sentence, but these are described as ``exceptional and
specific'' circumstances.

Garda figures show that 26 people have been charged with this category of
offence, of which 19 cases are pending and have not been dealt with by the
courts while in one case the person charged has since died. Of the remaining
six cases all involving cocaine three sentences of four years were handed
down for importing drugs valued between pounds 70,000 and pounds 150,000, a
five and a seven year sentence for two pounds 2m hauls, and a seven and a
half year term for a pounds 300,000 consignment.

A Department of Justice official said last night that as these provisions of
the Criminal Justice Act 1999 had only been in force since May 26 last, it
was too early to make a conclusive judgment on their effectiveness.

However, it is understood that the minister is prepared to take a fresh look
at the legislation and amend it if there are loopholes which are preventing
the judiciary from imposing the tough sentences intended by the legislature.

Introducing the legislation last year, the minister commented ``We have
reached a watershed, we either adopt the right approach now or the problem
escalates out of control. There is no room for hurlers on the ditch.

``There is no room for prevarication or equivocation,'' he added. ``The
message must go out loud and clear to those who would become involved in the
pernicious trade of drug dealing that we will meet them at every crossroads
and there can be no hiding place for them in the future.''

The legislation also permits the seizure of assets obtained by means of drug
trafficking.
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