Suspended sentence for heroin dealing and ticket fraud

A Tuam man told a judge he knew he didn’t deserve to be given suspended sentences, which were imposed on him for dealing heroin in the city and for conning people on the internet into parting with over €3,000 for concert and match tickets which never existed.

David Doherty (30), from Country Meadows, Tuam, at first used his hands to cover his face, but then brought them together in mock prayer as a five-year sentence for heroin dealing and a two-year sentence for fraud were both suspended at Galway Circuit Criminal Court last week.

Doherty had pleaded guilty in May 2015 to having heroin for sale or supply at or near the Menlo Park Hotel, Galway on March 14, 2014, and sentence was adjourned for the preparation of a probation report and to give him time to complete a residential addiction treatment course.

However, while out on bail on that charge awaiting sentence, Doherty got involved in an internet scam, conning punters across the country out of thousands of euro for concert and match tickets which never existed.

He pleaded guilty last month to eight sample charges of inducing eight people to lodge varying amounts, ranging from €750 to €200, into his bank account on dates between May 9 and August 18, 2014, for Electric Picnic tickets, Premier League and FA Cup final tickets, all of which never existed.

Detective Ronan Biggins told the sentence hearing that while he knew €5,255 had passed through Doherty’s account for bogus tickets, some injured parties were too embarrassed to make a complaint to Gardaí and he had no way of contacting them.

Det. Biggins said Doherty and two other people had placed an advert on the Gumtree and Done Deal websites, offering coveted tickets for sale.

People contacted the phone numbers provided in the adverts and spoke to Doherty. They then lodged money into his back account but never received the tickets.

The total loss to the victims who did make a complaint to Gardaí came to €3,355, he said.

Det. Biggins said Doherty had 52 previous convictions, with 40 of those involving road traffic offences.  The remainder comprised drug-related offences, while two were for infringement of copyright law.

His most recent conviction was recorded at Dublin Circuit Court last year for a €500 heroin-dealing offence for which he had received a suspended sentence.

Doherty was caught on CCTV withdrawing the money from his own bank account shortly after each victim made a lodgement.

The court heard he had been approached by two other men and he consented to his bank account being used for the fraud.  He received €10 for every €100 victims lodged into his account. Doherty co-operated fully in the ensuing investigation.

The court heard he had been addicted to heroin at the time but was now drug-free, complying fully with all directions of the probation service and was stable, according to his doctor, on a methadone treatment programme.

Doherty’s barrister said €2,000 in cash had been lodged initially with the court to secure Doherty’s bail and his mother, who was present in court, was willing to pay the balance, so that the victims could all be recompensed.

Doherty, he said, was now the father of two young children, he had completely turned his life around and was now a law-abiding citizen.

Reading a very favourable probation report, Judge Rory McCabe agreed that Doherty had made great strides at rehabilitating himself and he said it would not be in the public interest or be in the interests of justice to impose an immediate custodial sentence.

To act as a deterrent, he said, he would suspend the sentences for five years and two years respectively on condition Doherty be of good behaviour and not reoffend for the next five years.

“I hope we don’t see you in here again,” Judge McCabe said to a very relieved-looking Doherty.

“Thanks very much for the chance.  I know I didn’t deserve it.  I’m delighted and thanks again,” Doherty said, beaming at the judge, while rubbing his hands together with glee.

“I hope society thanks me too,” the judge replied.