Nigerian sentenced for cocaine possession
A Nigerian man who came to Ireland as a student but stayed on illegally when his visa expired has been given a seven year sentence for possession of over €300,000 of cocaine.
Charles Opene (aged 31), of Riverwood Hall, Castleknock, pleaded guilty at Dublin Circuit Criminal Court to possession of the drugs for sale or supply at Curragh Hall Cresent, Tyrrellstown on November 15, 2007.
Two co-accused South African mothers, Elizabeth Claassen (aged 49) of Roodeport, Johannesburg, and Nonkululeko Mdlalo (aged 33) of Curragh Hall Gate, Tyrellstown have already recieved six-year sentences with one year suspended.
Judge Frank O’Donnell commented on the lack of supervision of those who enter the country on student visas but stay on after it has expired. He said: “I take a serious view of people who come to Ireland with the grace of the Irish people and are given a visa but abuse this and stay on.”
He continued: “The last message that the courts should send out to a person who is not supposed to be here is that if you are caught committing a serious offence all that will happen to you is that you will be sent home.”
Judge O’Donnell said in this case he had little option but to find that there were “exceptional circumstances”, making the mandatory minimum sentence of 10 years unjust, given the “charitable view” he felt the Court of Criminal Appeal had consistently shown in such cases.
He imposed a seven-year sentence but suspended the final year on condition that Opene is deported and does not return to Ireland for 15 years.
Detective Sergeant Gerard Quinn told Ms Monika Leech BL, prosecuting, that gardaí acting on confidential information mounted a surveillance operation at the arrivals halls in Dublin Airport. He said they observed Claassen arrive carrying a suitcase and followed her to O’Connell Street where she met Mdlalo.
Gardai intercepted the women at Talbot Street and arrested them. They found cannabis resin valued at €200,000 in the suitcase. Documentation found on Mdlalo led gardaí to execute search warrants at various addresses.
Det Sgt Quinn said they were conducting a search at Curragh Hall Cresent, where they found cocaine with a total street value of €366,100 and the mixing agent Manitol, when Opene arrived and used a key to access the house.
Opene, who has no previous convictions, claimed Mdlalo had given him the key and he was visiting her.
Gardaí also found items such as containers, cash, and a weighing scales at a Castleknock address.
Defence counsel, Mr Paul McDermott SC (with Patrick Reynolds BL), said Opene had come to Ireland in September 2000 on a student visa and had studied information technology at Dorset College for some time. He said his visa expired in 2003 and Opene stayed on illegally working as a cleaner and in telemarketing.
Mr McDermott handed in a letter from the prison chaplain which he said showed Opene “is a man of good qualities that this offence does not substantiate.” He asked the court to take into account that Opene is a foreign national and time in custody will be especially difficult for him.
