Longford man who pleaded guilty to possession of drugs and had over €14,000 cash in a tin 'unlikely' to escape prison

A Longford man charged with possession of money, drugs and an offensive weapon following a Garda search operation in south Longford was told it is “unlikely” he will escape a custodial sentence when the case against him concludes this week.

Prosecuting counsel, Shane Geraghty BL, indicated that Bart Scally (44) of Cleraun, Newtowncashel, Longford, pleaded guilty in Longford Circuit Court to possession of cannabis for sale or supply, possession of a canister of pepper spray and cash totalling €16,250 knowing it was the proceeds of crime.

Garda Noelle Fahey told Judge Kenneth Connolly that a search of the defendant's home under warrant found cannabis with a total value of €3,398 in three separate locations. The investigators found 14.6 grams of the drug in a shed, a further 22.9 grams under a tarpaulin and 32.4 grams in the defendant's tracksuit bottoms.

The search also uncovered €14,650 in cash in a tin in a press and further €1,600 in Mr Scally's tracksuit bottoms. When initially cautioned and questioned the defendant was “forthcoming”, admitting that the items found by Gardaí was “weed”.

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Mr Scally said he was “holding it for someone”, but when asked who he replied: “I can't say who, because the wife and kids would be in trouble.”

Garda Fahey told the court a “tick list” was found under the defendant's mattress. The Gardaí told the court that in a second interview Mr Scally changed his story, saying that the cannabis was for personal use, and that the money was from an insurance claim.

He said the pepper spray was for his protection, “especially with all those foreigners in the country”. When the tick list was read to him he said it didn't mean a thing and was a list of people he has done jobs for or sold turf to.

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In a third interview he accepted his initial stance and said he was forced to hold and distribute the cannabis as he feared for his life and the life of his family.

Admitting that the money was the proceeds of drugs he said he “had to hold it for the boys”. When the Gardaí asked who the boys were he said: “I can't say, my family will be in trouble.”

Prosecutor Mr Geraghty said the tick list indicated transactions totalling €120,000.

Counsel for the defendant, Michael O'Higgins SC, said there was no evidence to link his client to the tick list and said the prosecution introducing it to evidence was “overkill”.

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Mr O'Higgins told the court the defendant was living in council property with partner and three children at the time. He said Mr Scally is engaged as the caretaker of a football club and does odd jobs for farmers and restores camper vans for extra income.
The majority of the defendant's 23 previous convictions were for road traffic matters, and many dated back to 2011.

Mr O'Higgins informed the judge his client is one of 11 children and left school early to work in the UK in the building trade. He returned to Ireland 2010 and has been “a busy person who works a lot”.

At the time he was engaged in the heavy use of alcohol and cannabis. Mr O'Higgins said despite the second interview, which he described as “as ineffective as it was unedifying”, his guilty plea offered significant material assistance to the prosecution.

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Counsel referenced a significant family tragedy and asked Judge Connolly to impose “as lenient a sentence as the court can consider”.

Adjourning the matter to Tullamore Circuit Court on Wednesday, February 19 for sentence the judge advised that it was “unlikely” Mr Scally will escape a custodial sentence.

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