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Haughey opens the floodgates to
tribunal challenges

by Mary Dundon
THE Supreme Court decision that the Moriarty Tribunal made procedural mistakes will open the floodgates to a succession of legal challenges to it and to the Flood Tribunal into planning irregularities, according to legal experts.
The rulings, that found against former Taoiseach Charles Haughey on almost every count, will delay the inquiry into payments to politicians by at least six months at a cost of £20,000 a day to the Exchequer.
A decision will be made in October if the taxpayer will pick up Mr Haughey's legal bill of approximately £500,000 in addition to a similar amount incurred by the State in the High and Supreme Court challenges. Both Tribunals have cost an estimated £1·5 million to date.
Yesterday's decision, which found the Tribunal was properly set up and had powers to carry out a full inquiry but had used unfair procedures in not telling people their bank accounts were being looked at, was immediately used in a successful challenge to the Flood Tribunal by Bovale Developments.
Now the way is open to former Fine Gael Minister, Michael Lowry, to launch a constitutional challenge to the Moriarty Tribunal which is investigating his financial affairs.
Although the Government said there should not be any great delay following the ruling, UCD constitutional law lecturer, John O'Dowd, believes delays are inevitable.
This partial victory means the Moriarty Tribunal cannot use information it secured on Mr Haughey's financial affairs over the past nine months. The Tribunal erred in not informing Mr Haughey it was seeking orders of discovery from his banks and must start all over again.
"Most legal experts believe this is only a delaying tactic and Mr Haughey does not have a knock-out blow," Mr O'Dowd said.
In a surprise twist, Mr Haughey's legal team used the same legal argument of fair procedures his brother Pádraic used 28 years ago to challenge the Dáil Committee of Public Accounts investigation into the purchase of guns at the time of the Arms Trial, according to Mr O'Dowd.
The Tribunal chairman will have to hold a public sitting outlining exactly his terms of reference to all parties concerned, inform Mr Haughey he intends making orders of discovery into his financial affairs and give him a chance to make submissions outlining why these orders should not be made.
If Justice Moriarty finally rules the orders must be granted, Mr Haughey may seek a judicial review in the High Court to stop it on the grounds of privacy, privilege, or that they are irrational.
The Government was last night confident the Supreme Court's decision will not delay the progress of the inquiry.
"It can't be assumed that the work done by Moriarty is null and void. A lot of banks were approached for information. Many of them reported later that they did not have any. He is not going to go back and ask people when they have already told him that they have not got any," said a spokesman.

Tax giveaway Budget to pave way for pay deal beyond 2000

by Vivion Kilfeather
A MULTI-MILLION pound tax giveaway Budget in December aimed at the lower and middle income groups is set to pave the way for a replacement Partnership 2000.  In a bid to ensure this happens Taoiseach Bertie Ahern moved yesterday to defuse the threatened flood of public sector follow-on claims resulting from the Garda pay plan by promising a new mechanism to deal with Public Service pay.
Mr Ahern told a plenary sessions of the social partners at Dublin Castle that in the coming months they would have an opportunity in Budget 1999 to progress both the spirit and the letter of Partnership 2000.
On the current row involving the Public Service he warned that the new mechanism to tackle problems in that area would be in the context of looking beyond Partnership 2000 and within the Strategic Management Initiative.
“There is no going back to the old ways of leap-frogging claims,” he said.“In the Public Service I believe we need an approach which is imaginative in ensuring that the income of public servants should more closely reflect their performance. In short I believe we need to take a fundamental look at how pay bargaining and pay management are approached in the Public Service beyond Partnership 2000,” said the Taoiseach.
He added that the Strategic Management Initiative (SMI) provided a solid base upon which to conduct this examination. We have already identified the need for restructuring and the importance of performance management in delivering the full potential of the SMI reform, I think we need to go further and consider how public pay policy can, by more closely relating pay to performance, meet the aspirations of public servants while maintaining the unavoidable limits on public spending.”
declared Mr Ahern.He emphasised though that this did not meant there could be any change in the terms of Partnership 2000. Talks on the application of the local bargaining provisions had already commenced in most areas of the public service and he was sure would be brought to a successful conclusion in the specified timescale.
Irish Congress of Trade Unions general secretary Peter Cassells said they were recommending new methods of pay rewards should be developed between the Government and Public Service unions as a matter of urgency for public servants which will not automatically result in knock-on claims.
And the announcement by the Taoiseach concerning a new mechanism for dealing with Public Sector pay was also received well by Senator Joe O’Toole, general secretary of the INTO.He welcomed Mr Ahern’s remarks and said the situation had improved considerably from last week when the Government seemed set on becoming entrenched on the issue but had now moved forward.

Council's bid to evict mother and her three children fails

by John Murphy
AN attempt to evict a young woman and her three children — because they were forced to leave their home after her common law husband beat her up — failed yesterday.
Judge Olive Buttimer dismissed an attempt by Dungarvan town council to recover possession of the local authority house, a decision that would effectively have rendered Catherine Duggan and her young family homeless.
The Judge heard that Ms Duggan was forced to leave the house in 1996 because she was being subjected to considerable violence by her then common law husband who took his own life in April 1997.
She subsequently returned with her three children to live once more in the house, but since then had been the subject of serious threats from another neighbour and an attempt was made to burn down the house.
The application for recovery of possession of the house at 37 Cathal Brugha Place, Dungarvan, Co. Waterford, was made by Dungarvan Urban Council at yesterday's sitting of the local Circuit Court on the grounds that the house had been abandoned by the tenant, Catherine Duggan, and that it was subsequently being used by undesirable elements.
The application was vigorously opposed by Jeremy Maher BL, for Ms Duggan, who accused the UDC of walking away from its responsibilities and obligations to the mother of three under the Housing Act.
Joe O'Flaherty, Dungarvan UDC's housing officer, told the court that the Council entered into a tenancy agreement in respect of the house at 37 Cathal Brugha Place with Catherine Duggan on February 3, 1996. He served a notice to quit on Ms Duggan, on September 13 last year, and on October 29 last a demand for possession was made on her.
Mr Flaherty said the notice to quit had only been served on Ms Duggan after she had abandoned the house and "undesirable'' elements began using it."
"I had complaints about the activities at the house from a number of residents,'' he said.
Under cross-examination by Mr Maher, witness said the UDC didn't have any proposal to re-house Ms Duggan and her three children in the event of the Council being given possession of the house.
"To make Ms Duggan and her three young children homeless would be a terrible thing to do,'' said Mr Maher.
Dismissing the Council's case, Judge Buttimer also refused an application by the UDC to state a case to the Supreme Court.

Navy and Air Corps
must shed militarism

by Jim Morahan
THE Government has been urged to consider the de-militarisation of the Naval Service and Air Corps as a means of saving £250 million.
This is the price tag to re-equip and re-organise both services which was arrived at in the Price Waterhouse report.
To operate to standards of cost, efficiency and value for money the Navy and Air Corps must lay down militarism and adopt civilian standards.
The Government cannot put off taking action as neither service will be able to meet existing commitments with their current equipment, the report stressed.
Existing practices must change, too — both services must improve performance if they wish to remain in the business of servicing the needs of non-military customers.
Meanwhile, Defence Minister Michael Smith has found himself in the firing line again over the Government's refusal to commit itself to investing in new equipment for the Naval Service and Air Corps.
The Government has agreed in principle the Price Waterhouse report but has delayed the implementation of the report until next year.
The Representative Association of Commissioned Officers (RACO), strongly criticised the Minister for delaying implementation while a White Paper on Defence is prepared.
RACO General Secretary, Cmdt Brian O'Keeffe, said: "This decision will devastate morale in both the Air Corps and Naval Service. The consultant's report is already 18 months overdue, and this has put both services in a state of suspended animation for a prolonged period."
Cmdt O'Keeffe said the decision to defer implementation of the report contrasted sharply with the haste with which a decision was reached on barrack closures.
"They clearly don't accept what's being recommended. There is a huge willingness on our part to change. We want to see our services improved and what we have been given today is a slap in the face," Cmdt O'Keeffe said.
The Price Waterhouse report on the Naval Service and Air Corps was finally published yesterday, after being initially promised for February of last year. The report proposes spending £195m on replacing the existing Naval Service fleet, and a further £40m investment in the Air Corps.

Court orders on
Haughey are quashed

FAIR procedures were not followed by the Moriarty Tribunal when it made orders compelling the discovery of documents related to financial accounts held by former Taoiseach Charles Haughey and members of his family, the Supreme Court found yesterday.
The court quashed the 36 discovery orders already made in respect of the accounts held by the Haugheys and directed that the Tribunal may not have the benefit of such documents in its possession.
The court stressed that the quashing of the existing orders regarding the Haugheys' accounts does not prevent the Tribunal making similar orders in the future — provided fair procedures are applied in the making of those orders.
Under those procedures, the Haugheys are entitled to be given notice by the tribunal of its intention to make such orders and entitled to an opportunity, prior to the making of such orders, of making representations regarding them.
The court also directed that Mr Haughey is entitled to an explanation by the Tribunal of its Terms of Reference, "certainly so far as they relate to him". It accepted such explanation may not be final and that it may be necessary for the Tribunal to explain any further interpretation it may place on the Terms in light of facts that may emerge.
Although the court rejected the Haugheys' "root and branch" attack on the constitutionality of the Tribunal, the decision on fair procedures appears to mean the Tribunal will effectively have to begin its work all over again. The court found fair procedures were not observed regarding the making of the discovery orders by the Tribunal but it rejected a claim that the Oireachtas and Taoiseach exceeded their jurisdiction and violated the Haugheys' right to fair procedures in establishing the Tribunal.
The five judge court, presided over by the Chief Justice, Mr Justice Hamilton, yesterday delivered its judgment on the appeal by the Haugheys against the High Court's refusal to stop the Moriarty Tribunal, established last September, investigating their financial affairs.
The court's judgment extended to 181 pages. A 48-page section dealt with the constitutionality of the Tribunals of Inquiry (Evidence) Act 1921 (as amended) and found against the Haughey side on these.
In its 133 page judgment on the other issues raised, the court found against the Haugheys on all but two. It concluded fair procedures were not followed in relation to the making of discovery orders in respect of the Haugheys' accounts and found the terms of reference in so far as they applied to him were not explained by the Tribunal.
The appeal was taken by Mr Haughey, his wife Maureen, daughter Eimear Mulhern and sisters, Miss Maureen and Miss Ethna Haughey, against the refusal of the High Court to stop the Moriarty Tribunal.
The court said that, while it had held the powers of the Tribunal were valid under the Constitution, its powers must be construed within the constitutional framework, in particular with regard to fair procedures.
While the Tribunal was entitled to conduct the preliminary stage of its investigations in private, and to make such orders as it considered necessary for the purpose of its functions, that did not mean it was not, in the making of such orders, obliged to follow fair procedures.

Intervene in ex-model
case, Taoiseach urged

by Brian Carroll
Security Correspondent
A MAN arrested in London with former Dublin model Elaine Moore on suspicion of conspiracy to cause explosions has called on the Taoiseach to intervene in her case, claiming she is totally innocent.
South Armagh native Rory Hearty was arrested and detained for questioning for three days because he is a close friend of Ms Moore and had briefly met one of the alleged terrorists in the case. Mr Hearty said Ms Moore, a 21-year-old Fine Gael member from Coolock in Dublin, was a victim of circumstances and was clearly innocent of the charges against her.
"I know there have been some representations to the Taoiseach's Department about Elaine," Mr Hearty said. "I think the Taoiseach should get involved because it's a clear-cut case and she is totally innocent."
It is believed part of the incriminating evidence used against Ms Moore is her knowledge and interest in republican legend, Michael Collins, and also a pendent in the shape of Ireland, which police say is the emblem of the 32 County Sovereignty Committee. However, it is understood, Ms Moore has had the pendent for a number of years before the formation of the breakaway nationalist group.
Ms Moore has been kept in solitary confinement as the only female prisoner in a new prison in Milton Keyes built for psychiatrically disturbed criminals. She was arrested on July 10 after police found 2lbs of explosives and an incendiary device in her bedroom. Campaigners on her behalf say the explosives were in a bag belonging to a 25-year-old Irishman who had asked to stay at her apartment. He was arrested on the day carrying a hold-all containing four incendiary devices.
Paul May, who chaired the campaign to release the Birmingham Six and Róisín McAlliskey, said this man had made a statement to police exonerating Elaine Moore.
Rory Hearty, aged 28, believes the Irish Government must now exert diplomatic pressure to have Elaine released on bail: "I have known her since last November. We are very close. I was arrested on the Friday evening after Elaine because I had been seen at her apartment the night before when I briefly met a man, who had told her he was a friend of her brothers and was looking for a place to stay.
"I was held for three days from Friday until Monday. They wanted to know my relationship with Elaine and how I knew this other man. They were trying to make out that I was involved in it, that I knew him even though that was the first time I met him.
"Elaine would put anybody up. Her brother, Robbie, met this other guy in Ireland and he said he was going over to London. Robbie said he was going over soon, too, and he gave this guy Elaine's number. She would put anybody up, she is just decent like that. I know she is innocent," Mr Hearty said.
A spokesman for the Taoiseach said he had been reading about the case but there were no plans to make representations on behalf of Ms Moore.

No follow-on pay claims, says Ahern

by Vivion Kilfeather
TAOISEACH Bertie Ahern brought out his heavy guns yesterday to reinforce the message of no follow-on claims in the public service as a result of the Garda pay proposals.
Hammering this message home across the table to trade union leaders were Finance Minister, Charlie McCreevy and Tánaiste and Enterprise Minister, Mary Harney, supported by the employers body IBEC which represents almost 3,000 companies in the private sector.
Mr Ahern said he did not accept that we were heading towards a destabilising round of "special" increases to restore traditional relativities. However, he said that, if such was the case, these would not be conceded by the Government.
He agreed, nevertheless, there was a need for change in the way public service pay was managed, but, pointed out there was no going back to the old ways of leap-frogging claims.
The Taoiseach also made it clear that social partnership was alive and well, contrary to those who suggested otherwise.
He said these people revealed a striking ignorance of how this country had performed over recent years and the role of social partnership in that process.
He said it was a fact that, over the last ten years, real take home pay had increased substantially compared with reductions prior to 1987 and the current deal had seen an increase of up to 11% in net income for those on the average industrial wage.
The number at work had increased by 215,000 over the past five years and we had outperformed the entire EU, where employment had increased by just 200,000 over the same period.
The Taoiseach said that, given the structure of our population, the next 20 years could be a golden period in Irish history.
The Taoiseach added that there was a substantial case for looking at how our entire industrial relations machinery might be to accommodate better the challenge of the changing world of work. The Government was prepared, he said, to discuss with the ICTU, at the appropriate time, structural changes which might be made in the way pay is managed after Partnership 2000.
Finance Minister, Charlie McCreevy, warned the country was at a precipice in terms of pay bargaining and it was about time that all concerned were honest. If the challenges now before us were not faced, the very substantial economic and social progress the country had made would be undermined.
Restraint in the public service pay area was essential, he said, adding that the garda deal was not negotiated under the provisions of Partnership 2000. It was based on the same formula as used in the case of prison officers, craftworkers and a number of groups in the health services. All of those PCW settlements involved gross increases in excess of the 5.5% norm, on the basis that the excess cost was being met by specific productivity savings measures that formed part of other PCW settlements.
Tánaiste Mary Harney said we had reduced to a third the number of days lost to strikes, because of the partnership approach and she doubted if anybody wanted to return to the industrial relations carnage of the past.
She said the Government could, conceivably, use the extra money generated by revenue returns to fund general increases for some public sector workers in excess of what had been agreed under the partnership agreement. She added, however, that the Government would not do that.

Misleading ads offend
more than bad language

by Evelyn Ring
IRISH people complain more about misleading advertising than the use of bad language and men and women as sexual objects to promote products and services, according to the Advertising Standards Authority of Ireland.
But people in Britain are becoming increasingly concerned about the use of swearing, rude gestures and drug references in advertising, especially those that might be seen as a bad influence on children, according to a report published yesterday.
The research carried out by the Advertising Standards Authority in Britain also showed growing public alarm at the way both men and women were portrayed as sex objects.
The research, which was based on more than 1,000 interviews with people who were asked to comment on 20 advertisements, found that attitudes towards swearing appeared to have hardened over the past two years with just over 80% saying it should never be allowed.
There were also strong views expressed about religious references in advertising with eight out of ten people agreeing that disrespectful references to any religion, race or culture should never be allowed.
Chief executive and secretary of the Advertising Standards Authority of Ireland, Edward McCumiskey BL, said the authority had not carried out similar research about people's views on advertising. But, he said, judging from the number of complaints received by the authority over the years Irish people had become more tolerant.
Most of the complaints received by the ASAI were about misleading advertising and less than half were about taste and decency.
A small amount of complaints received by the authority related to the use of bad language and a minority related to the use of men and women as sexual objects.
Mr McCumiskey said advertisers in Ireland were extremely sensitive to the wishes of the public and where a complaint was made about advertisements it was usually withdrawn immediately.
The advertising watchdog said people were very quick to complain about advertisements where women were portrayed as sexual objects and the threat of violence was used. While the ASAI had received a number of complaints about such advertisements in the past they did not occur very often.
Complaints were also upheld where billboards showing scantily clad women were used to sell products. Generally, complaints about advertisements depended on where they were displayed.
The use of bad language in advertisements did not occur very often, he said. There were three or four occasions last year where complaints against radio advertisements containing bad language were upheld.
Where a complaint is made about the "F" word, the ASAI immediately acted on it. Something like that was blatantly offensive, said Mr McCumiskey.
The ASAI has had its own website for the past 18 months and Mr McCumiskey said that they have had thousands of 'hits' on it.
It was used heavily by the public, advertisers and students.
Complaints are adjudicated by an independent complaints committee.

No extension of
season to catch salmon

by John Murphy
and Eddie Cassidy
MARINE Minister Dr Michael Woods has firmly ruled out an extension of the salmon season, due to end this weekend, despite claims of another disastrous season for commercial fishermen in some parts of the country.
Recent conservation measures are, however, expected to have contributed to a slight improvement this season in catches in two of the main commercial fishing areas, the north west and south west. The Department said, yesterday, that there were indications that downward trends of recent years had been halted. The season is scheduled to close on Friday with the exception of two areas — Dundalk /Drogheda — where the season started late, and on the River Slaney where a two-week extension has been permitted.
Regional manager of the Macroom-based South Western Regional Fishery Board Aidan Barry said, yesterday: "It has been another difficult year for commercial fishermen, but it was possibly not the worst." He noted that figures for 1997 had showed that commercial returns dropped by one-third for the second lowest-ever catch on record. Over 70% of the total wild salmon catch is netted in the north west and south west.
However, commercial operators fishing out of Helvick Head have claimed that the current season is likely to be their worst on record. Many have insisted that they have not been able to eke out a living and appealed to the Minister to make provisions for a two-week extension.
Micheál O´ Cinnéide, manager of the Southern Regional Fishery Board, acknowledged that only a fraction of the 317 licensed fishermen were expected to make "reasonably good returns." After marked declines over the past eight to 10 years, he said the Blackwater River fishery was expected to be on a-par with last year.
To-date, 4,000 salmon had been caught and river counters showed that about 1,600 salmon had passed up the Blackwater, which was higher than last year. Mr O´ Cinnéide said that the indications were that the catches on the Barrow /Nore/Suir river network would not be as favourable as the Blackwater. "We expected significant returns from just a few of the fishermen in the southern region," he added.
Meanwhile, Waterford councillor Fiachra O´ Céilleachair described the 36-day season as a disaster for fishermen in communities such as Ardmore and Helvick. "There simply has not been enough time for them to consolidate a livelihood out of this season," he said. In a letter to the Minister, Cllr O´ Céilleachair insisted that a short extension would not make a major impact in terms of conservation or over-fishing. "It could be argued that big agricultural enterprises have been responsible for significant fish kills and the amount of salmon netted in a two-week extension of the season would be considerably less than the losses resulting from those incidents," he said.

Government pledges to
implement suicide study

by Evelyn Ring
THE Government is committed to implementing the Report of the National Task Force on Suicide in the shortest possible time — as resources permit, the Minister of State at the Department of Education, Willie O'Dea, stated, yesterday.
The task force's suicide report was published in January and, yesterday, in Dublin, Mr O'Dea was presented with the National Youth Council of Ireland's response to the report, which was published this year.
The NYCI want the Government to make resources available for the full implementation of the report. It also wants the Government to monitor and report on progress made in putting the report's recommendation.
Latest available figures from the Central Statistics Office show that 162 people who committed suicide last year were under 30. Suicide overtook road traffic accidents as the most common cause of death among 15 to 29 year-old-olds in 1997, compared to 131 fatalities from traffic accidents.
The task force detailed the various courses of action which need to be taken to address the high incidence of suicide, especially among recognised risk groups, such as young men between 15 and 24. A suicide prevention/reduction strategy has been devised by the task force. The strategy's key components include the implementation of measures aimed at high-risk groups, the provision of information and training on suicide prevention to relevant professionals and organisations, and the improvement of services of greatest benefit to those at risk of suicide and those who attempt suicide.
Mr O'Dea said he was deeply shocked by the explosive growth of suicide. Each day in this country, one person ends his life by suicide, he pointed out. He told the NYCI that given the extent and growth of suicide it would take a very high place in the Government's scale of priorities.
NYCI president Jillian Hassett said the increased incidence of suicide among young people was the most complex and worrying social concern in society today.
Ms Hassett said: "What makes suicide, particularly among young people such a pressing issue is the fact that we still do not fully understand it. No specific intervention has been found to be universally effective, making the full implementation of the recommendations of the task force so important." Suicide prevention needed to be integrated into programmes that address a wide range of health issues, both physical and mental, in schools and outside formal education through youth organisations.
Mr O'Dea said concrete steps were being take to combat the problem of suicide. The Department of Education and Science was in the process of developing a national educational psychological service which would be available to all primary and post-primary schools as well as to pre-school children. A planning group set up to produce proposals for the service reported to the Minister for Education and Science earlier this month and its recommendations are currently under consideration.
In addition, a new subject called social, personal and heath education was being introduced into the primary curriculum which will deal with issues such as self-esteem and the need to express feelings. This would be extended into post-primary schools once a syllabus had been developed. The Minister for Health and Children, Brian Cowen has also increased the number of school psychiatrists from 13 to 28. Currently, there are 1,300 children awaiting assessment. This figure did not include those referred to the service by the health boards. Mr O'Dea admitted that 28 school psychiatrists was totally inadequate.

12-year term for drug dealer

A MAN who was described as one of the biggest drug dealers in the South East region was sentenced to 12 years in prison when he was found guilty of the possession of four different illegal substances for the purpose of sale and supply.
Anthony McEnery (31), 18 Neptune House, Canada Square, in his defence said members of the gardaí had planted drugs in his house during a two hour search of the premises on August 9, 1996 during which cannabis, amphetamine, ecstasy and cocaine with a street value of £8,500 was found.
However, the accused's claim was not accepted by the jury who unanimously found him guilty in a Circuit Court trial last month.
He was remanded in custody and was returned to court yesterday for sentencing.
Detective Sergeant Terry Butler, of the Waterford Garda Drugs Unit said McEnery's house had been under observation for some time before a search warrant was obtained on August 9 when gardaí raided it.
He said McEnery along with another man were the biggest suppliers of drugs, not only Waterford but in the Munster region and South Leinster.
Detective Sergeant Butler also said the drugs problem in Waterford was on the increase. In the mid-'80s there were some sections where cannabis was being smoked.
Since then there had been in an influx of ecstasy, amphetamine and cocaine. The Garda figures were rising each year and last year alone there had been 50 people apprehended for supplying drugs. In 1993 a Special Drugs Unit had been set up.
Mr Niall Durkin SC for the accused said his client was a qualified carpenter and cabinet maker and in full-time employment since February.
His employer gave evidence that he was a hardworking and well-skilled employee and added that he would be willing to re-employ him when he was released from prison.
The accused had also caused great distress to his family, it was stated, particularly to his mother who had a heart problem and depended heavily upon her son. He had been living at home until recently, when he moved in with his girlfriend of five years who had been very supportive of him since his arrest and throughout the trial. She was now three months pregnant. Mr Durkin also said that £8,500 was not a massive amount of drugs compared with some of the hauls which had been seen in recent times.
Judge Pat McCartan said the quantity of the drugs: 25 tablets of ecstasy, 18g of cannabis resin, 3·2g of amphetamine and 43.5g of cocaine were irrelevant to some extent and what was more significant was his substantial and committed involvement in the supply of drugs.
The amounts were, he said, a consequence of the moment when the gardaí chose to strike, but it was clear that McEnery has all the hallmarks of someone actively engaged in the retail of drugs.
"We've heard that Waterford city has a serious drugs problem and you are a major contributor to that problem," he told the accused. "We've also heard you are a tradesman and while I am impressed that you have returned to work it also tells another story. You had no need to engage yourself in the sale of drugs except your own greed, showing total disregard for the lives of the young people you sold drugs to," he added.
The accusations against the Gardaí made in McEnery's defence were described as blatantly designed to confuse the jury so that he might release the hold that the hand of justice had on him. Even at this late stage, nothing had been said to retract implications that hard-working members of the Gardaí had engaged in a dishonest, perjurous conspiracy.
The judge sentenced McEnery to four jail terms all to run concurrently. The longest sentence of 12 years was for the possession for sale and supply of cocaine. The judge refused a plea to have some of the sentence suspended and said it was the minimum he felt the court could impose in such a case.

Heroin dealers using
children as delivery boys

by Brian Carroll
Security Correspondent
CHILDREN as young as 12 are being systematically used to form heroin distribution networks for major dealers in the Dublin area, a Garda Inspector has warned.
The news came as a teenager was arrested in possession of £350,000 worth of the drug.
Ballyfermot Garda Inspector Frank Timoney appealed to parents to be on the alert where their children appear to have large sums of cash such as £20 notes, as children were now being recruited and paid sums up to £50 to deliver heroin from one location to another.
"The dealer will often get a guy aged 16 or 17 to recruit young lads as young as 12 or 13 to deliver the drugs," Inspector Timoney said. "The 16-year-old acts as a buffer between the younger lads who respect him and the dealer above him. So you have a teenager acting as a buffer between the actual owner of the drugs and the guy buying them."
"I would appeal to parents in households where children are coming home in possession of sums of money, £20 notes, to ask questions about where this money is coming from. What are their children doing to get this money?"
"In areas at risk like Ballyfermot and Clondalkin, young lads as young as 12 and 13 are being targeted for distribution. They are short of cash and they are offered £40 to £50 to bring the drugs from A to B. They see the chance to make a quick quid and they don't realise what they are getting into," Inspector Timoney warned.
"The message should really go out to parents and young lads because they are the ones being targeted by the hard men. Once they get sucked into that it's hard to get out again. They are the ones taking the risks while the dealer sits back and takes the benefits," Inspector Timoney warned.
He was speaking after the arrest of a 16-year-old Dubliner in possession of £350,000 worth of heroin on the capital's northside.
The teenager was seen acting suspiciously with another man on Drumfin Road in Ballyfermot and was kept under surveillance by a uniformed garda.
"He kept his eye on them and saw them rummaging about in some shrubbery," a garda spokesman said. "He got one of the fellas but the other guy ran away."
The teenager was arrested under Section Two of the Drug Trafficking Act and taken to Ballyfermot Garda Station where he can be questioned for up to seven days without charge.
The imprisonment of two of Dublin's biggest heroin dealers, Thomas 'The Boxer' Mullen and Tony Felloni, has left a gap in the heroin trade, which other criminals are quickly filling.
"As soon as you remove one guy another guy comes up. They are like mushrooms, there is no shortage of guys willing to get involved in this trade," a senior Garda warned.

© Examiner Publications Ltd, 1998