A father of 3, who developed a cocaine habit after his divorce, has been jailed after tens of thousands of euros worth of various drugs were discovered as part of a Garda operation.
The Circuit Criminal Court heard how Bray man Roy Gunning (46) of Blackwood Square, Northwood, Santry, and also of Bray Co. Wicklow became involved in the distribution of drugs when he began using cocaine after a divorce in 2022.
Prosecuting counsel Diane Stuart BL told the court that on the 26th of May 2023, at a property in Santry, Dublin quantities of Zolpiclone, cocaine, MDMA, and cannabis with a combined value of just under €50,000 were seized.
The accused was also charged in respect of a second haul of drugs which were discovered at an address on North Circular Rd, Dublin, property that was rented in his name.
The court heard that the accused was on bail in respect of the first offence, when the second seizure was made three months afterwards.
Gunning, who the court heard has worked in an electrical store for a number of years, pleaded guilty to two counts related to the possession of drugs for sale and supply contrary to Section 5 of the Misuse of Drugs Act 1977.
At the address on North Circular Road, cannabis, MDMA, ketamine, as well as cannabis resin and cocaine.
When Gardaí entered the property, Gunning was sitting with his head down, another man present was “in his underwear”, and there were drugs and cash in the amount of €1,900 on the table, Ms. Stuart said.
Three other men are also before the courts in relation to the drugs seized, the court heard.
Two passports belonging to the accused were discovered in one of the apartments, however the court heard that Gunning resides with his parents in Bray after losing previous home due to his divorce.
The court heard that the search of a vehicle also uncovered drugs to the value of €61,570
He has 13 previous convictions, including 6 for the sale and supply of drugs from the same date.
Gunning’s defending counsel, Mr. Byrne argued that his client was holding the drugs and had no “proprietary” interest in them.
He said that the father of three had developed a cocaine habit after coming “back on the single scene” and getting involved with nefarious characters.
“He’s not making big money out of selling drugs,” Byrne argued, saying that his client was “No Mr. Big”.
Although prosecuting Gardaí gave evidence that the accused had stated that he was “dealing” and “selling” drugs, Mr. Byrne argued that this was not the case stating that there was “absolutely no evidence of him going out on the streets and dealing drugs.”
Judge Martin Nolan said that on the first occasion, Gunning was there with other parties and was “caught red handed enough”.
Judge Nolan said that it “seems the explanation was that he took drugs and had a debt of some type”, and was “coerced” to “some degree”, but that it seems he was probably “transporting” the drugs.
The court accepted that Gunning did not have a “proprietary interest” in the drugs and that he was conducting “middle range distribution to dealers”.
Noting that he “has a record”, the court stated that the accused “continued to be involved in drug dealing.”
Gunning was sentenced to 3 years and 2 and a half years in respect of the two counts before the court giving him an effective sentence of 5 years and 6 months in jail.
The court noted that the accused was a “mature man” at the time of his offending, saying that it was “unlikely” that he would reoffend.