'Vulnerable' couple who stored €200,000 of drugs are jailed

Fiona Ferguson

A “vulnerable” couple who stored drugs worth over €200,000 after running up debts have been given custodial sentences.

Dublin Circuit Criminal Court heard that Jason Whelan (39) and Vivian Hanley (40) both had drug habits which led them into debt, and they found themselves the subject of threats.

Whelan and Hanley, of Hampton Wood Point, Finglas, pleaded guilty to possession of drugs for sale or supply at their home on April 20th, 2022.

Whelan has no previous convictions, while Hanley has 15 convictions for road traffic offences.

Imposing a sentence on Monday, Judge Orla Crowe said the defendants were holding a “considerable volume of drugs”.

Judge Crowe said this was a “vital role” in the drugs business, which causes misery to society.

Having considered the mitigation and their personal circumstances, the judge said the court’s view was that the sentence had to include a custodial element, with credit given for their efforts to rehabilitate.

She handed down a four-year sentence to both defendants, with the final two years suspended on strict conditions, including one year of post-release probation supervision.

Defence counsel for both Hanley and Whelan asked the court to defer the sentence for two weeks to allow their clients to put their affairs in order.

Judge Crowe said the court would not defer the sentence for both defendants.

She agreed to defer the imposition of Hanley’s sentence until June 3rd to allow her to make arrangements for the care of a relative, who is in poor health, and remanded her on bail until that date.

Judge Crowe directed that Whelan should start his sentence immediately.

An investigating garda previously told Kieran Kelly, prosecuting, that gardaí carried out a search at the couple’s home and located drugs with a total value of €230,828.

This was made up of €137,200 of cannabis, €66,126 worth of Diazepam tablets and €27,502 worth of Etizolam tablets.

They also recovered black weighing scales and three phones. Both parties cooperated with the search. They entered guilty pleas on their trial date.

The garda agreed with both defence counsel that the couple were vulnerable individuals.

The court heard both parties are carers for a relative of Hanley’s who lives with them.

The garda agreed with Garret Baker, defending Whelan, that the couple were under an element of “real world” duress and were very frightened. The drugs did not belong to them.

The garda agreed with Dominic McGinn, defending Hanley, that while the valuation of the drugs was high, the couple’s position within the drug world was low, and they had been “preyed on” by others.

McGinn said Hanley has taken steps to address her drug addiction and has turned a corner in her life. He said she is getting help with her education and getting into the employment market.

He said she is a carer and also has her own health issues. He submitted that she was at the lowest end of the scale, had been preyed on and was in fear. He said she had been living in desperate conditions.

Counsel submitted that in the circumstances of the case, the court could depart from the mandatory minimum sentence of 10 years.

He asked the court to construct a sentence to allow Hanley to continue with the trajectory of her life and continue with the care of her relative.

Baker said Whelan had become addicted to cocaine during “lockdown” and generated debts as a result. Whelan states he is now clean of drugs and swears never to be in this position again.

Counsel said Whelan had a work history but was on anti-anxiety medication after developing PTSD following an attack in his 20s. He said the gardai accepted there had been threats made to the couple.

Probation reports and urinalysis were handed to the court. Both defendants are assessed at moderate risk of reoffending.