John Hayes received a three month prison sentence which was suspended for six months
A SERIAL offender who tried to smuggle a mobile phone into Limerick prison will not have to serve any additional time behind bars.
John Hayes, aged 45, who has an address at Hartigan Villas, Moyross admitted hiding the device in his sock as he was being processed following his arrival at the prison.
Sergeant Donal Cronin told Limerick District Court the offence happened on May 10, 2018 after Mr Hayes was remanded in custody following an appearance before the court.
“He was being processed in (to the prison) and he placed a mobile phone within his clothing and deposited it. He didn’t declare it,” he said adding the offence was at the lower end of the scale.
Solicitor Tom Kiely said his client, who has more than 200 previous convictions, had the phone on him when he arrived at the prison and that he was “still under the influence of an intoxicant” at the time.
“He dropped the mobile phone into one of his socks which was placed in basin which he parted with,” he said.
Mr Kiely said the defendant, who is currently on remand awaiting trial for unrelated matters, was “stupid” and that there was “zero chance” of his plan succeeding.
He said Mr Hayes, who has chronic addiction issues, is not involved in organised crime and that he did not have the phone for any nefarious purposes.
Judge Bernadette Owens was told the phone was intercepted by prison staff before the defendant was placed in custody and that the Mr Hayes did not manage to bring inside the secure area within the prison.
Judge Owens said the defendant’s “considerable history of previous convictions” was an aggravating factor which she had to consider.
However, she noted his guilty plea and the fact that he is currently on remand and facing the possibility of a lengthy prison sentence if he is convicted.
In the circumstances, she imposed a three month prison sentence which she suspended for six months.