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Prison drug smuggler failed to give urine sample due to 'stage fright'

He smuggled more than €8,000 worth of heroin and cocaine back into Cloverhill Prison where he was remanded on a burglary offence after attending his son’s first communion
He smuggled more than €8,000 worth of heroin and cocaine back into Cloverhill Prison where he was remanded on a burglary offence after attending his son’s first communion

A prisoner who told a judge he was unable to provide a urine sample for drug-testing because he suffered from “stage fright” has been given a three-year suspended sentence for smuggling drugs into prison.

Eoin Daly (30), Kippure Park, Finglas, Dublin who is currently serving a five-year sentence in Portlaoise Prison, pleaded guilty at Dublin Circuit Criminal Court to one count of possessing heroin for the purpose of sale or supply and one count of possessing cocaine on May 10, 2015 at Cloverhill Prison in Dublin.

He smuggled more than €8,000 worth of heroin and cocaine back into Cloverhill Prison where he was remanded on a burglary offence after attending his son’s first communion.

Judge Patrick McCartan sentenced him to three years suspended with two years’ probation supervision. Daly was also told to remain drug-free.

Brian Storan BL, defending, said that while Judge McCartan had ordered a urine sample for analysis at the sentence hearing in June, Daly suffered from a medical condition which prevented him from doing so.

Mr Storan said Daly had not refused giving a urine sample but suffered from a psychological condition which Daly referred to as “stage fright”.

He said that Daly did not suffer from a physical condition which prevented him from providing a urine sample and was willing to provide a blood sample for analysis instead.

Judge McCartan said the explanation was “curious” given that a letter from the Governor of Mountjoy Prison said Daly refused to give samples on three occasions and did not recall the issue at previous hearings.

He also noted Daly’s good report from the Probation Services.

The court previously heard from Detective Superintendent Stephen Doyle who said Daly was placed in an observation cell when he returned from prison.

He said Daly was later found asleep on the toilet with a package between his legs. The package contained heroin with a street value of €7350 and cocaine with a street value of €787.

The detective garda said “serious threats” were made against Daly to bring the drugs into the prison once word got out that he had been granted compassionate leave but would not name the individuals who made these threats for “safety reasons”.

A letter from Daly stating he wanted to show he could live a drug-free lifestyle was also previously read out in court.

Judge McCartan told Daly: “I'm impressed with what you said in your letter.

“Your record is appalling. You're given to violence, robbing and you go to whatever ends you can to feed your habit. You tell me you're now drug-free.”

Daly has 32 previous convictions and is currently serving a five-and-a-half-year sentence for a number of burglaries. He is due to be released in April 2016.

Handing down the sentence, Judge McCartan said: “This will put you to the test. If you change your ways, everyone benefits. Otherwise, you’ll serve this sentence.

“If you’re brought back on this matter, you’ll go to prison.”