Drug dealer who had near death experience after OD and ‘personality change’ avoids jail

Francis Kelly (33) had a near-death experience in 2020 and has been drug-free ever since, defence counsel told Dublin Circuit Criminal Court.

A report from a clinical psychologist confirmed that Kelly's personality had “undergone a profound change” and he no longer has any interest in using drugs.

Dr Kevin Lambe said it was his opinion that Kelly's personality change was as a result of being declared clinically dead and suffering a loss of oxygen to the brain.

Kelly, with an address in Donomore Avenue, Tallaght, Dublin, pleaded guilty to two counts of possessing cannabis and cocaine for sale or supply within the state on May 4, 2018.

Garda Colm Mayock told Fergus Foley BL, prosecuting, that Kelly and another man were caught with the drugs in a carpark in Saggart after someone called the gardaí to report drug dealing in the area. The value of the drugs was €8,400.

Kelly made admissions at the scene. He has 35 previous convictions, mostly for road traffic offences.

Kieran Kelly BL, defending, handed in a report to the court by Dr Lambe. He said Kelly overdosed two years after these offences in 2020 and that this was “a watershed moment for him”.

Kelly has stopped using drugs and no longer associates with his old peers, the court heard. He is studying computer programming and plans to go on to third-level education.

Judge Melanie Greally said Kelly's actions on the day went beyond just paying off a debt and were drug dealing. She noted it was a substantial amount of drugs.

However, the judge said it was very satisfying to see that Kelly has fared “extremely well” in his education course, passing his exams with distinction. He is now drug-free, and has not come to the attention of gardaí since these offences.

Judge Greally handed down a sentence of 32 months, which she suspended on a number of conditions.