A man who sold cocaine to an undercover Garda in Letterkenny has avoided prison.
Oluwashina Omoniyo was sentenced to 240 hours of community service in lieu of 12 months in prison when he appeared at Letterkenny Circuit Court.
Omoniyo was charged with possessing an illegal drug for the purpose of selling or supplying it to others on Port Road, Letterkenny, on January 6, 2022. He was also charged with a count of money laundering on the same date.
Detective Garda Declan O’Keefe gave details of the incident to the court.
Gardia became aware of a telephone number that was involved in the sale of drugs in the Letterkenny area. Senior officers gave an undercover detective €100 and instructed him to make contact on the phone.
A male who answered told him to call back in 20 minutes. Some time later, the man told the clandestine cop to walk to the bottom of the Port Road and wait close to a business premises.
At 3.15pm on the date in question, the male, now known to be Omoniyo, answered and told his prospective buyer that he would be there in 10 minutes on a scooter.
When Omoniyo arrived, he handed a ziplock bag containing a white substance and he was given €100. The contents of the bag was analysed and confirmed to be cocaine.
Omoniyo was identified by Detective Garda O’Keefe and was arrested.
Ms Fiona Crawford BL, barrister for the State, said Omoniyo entered a guilty plea in January, 2024.
Barrister for Omoniyo, Ms Patricia McLaughlin SC, asked Detective Garda O’Keefe if this was an “aberration” for Omoniyo. “I believe that he was misled,” Detective Garda O’Keefe said.
Ms McLaughlin said Omoniyo is 22 years old and has a baby son. Omoniyo is now working in a bookmaker in Dublin, the court heard.
“He was not motivated by drug debts or coercion,” Ms McLaughlin said. “He attributes this to poor decision making and a lack of consequential thinking. He has since distanced himself from a negative peer group, he has no previous convictions and has not come to any adverse attention since.”
Ms McLaughlin said her client has got his life “back on track” and has successfully undergone rehabilitation since.
Judge John Aylmer said the possession of drugs for the purpose of selling or supplying is always a serious offence.
Judge Aylmer said it was clear from the Garda evidence that Omoniyo was “under negative influences and this was out of character”. Omoniyo has been assessed as being at a low risk of reoffending by the Probation Service.
Judge Aylmer said the starting point for sentencing was 18 months in prison before considering mitigating circumstances. He said that Omoniyo appeared to be of otherwise good character and this incident represented something of an aberration. Omoniyo had also entered a guilty plea and has turned his life around.
Omoniyo is now engaged in family life and surrounded by positive influences, Judge Aylmer remarked. He said Omoniyo fully accepted responsibility and is remorseful.
Mitigating factors, the Judge added, would reduce the sentence to one of 12 months in prison.
Judge Aylmer said he would sentence Omoniyo to 240 hours of community service in lieu of 12 months in prison. Omoniyo was given 12 months to complete the community service order.