Convicted rapist facing drugs charges claimed 'deal bags' were for bird seed

A convicted rapist facing drugs charges told gardai that “deal bags” discovered in a garden shed were for bird seed and seeds for flowers, a court has heard.

Thomas O’Neill, aged 35, of Hyde Avenue, Ballinacurra Weston, Limerick city pleaded guilty to two counts of having heroin for sale or supply and one of possessing cocaine for sale of supply. He also pleaded guilty, at Limerick Criminal Circuit Court, to two counts of possession of heroin and one of cocaine.

Prosecuting barrister John O’Sullivan, instructed by State solicitor Padraig Mawe, outlined the evidence with the assistance of Garda Seán O’Connor, Roxboro Road garda station in Limerick.

Mr O’Sullivan said on the night of June 7, 2024, three Armed Support Unit gardai observed the accused engage in a transaction believed to involve the sale or supply of drugs outside a property on Hyde Avenue, Ballinacurra Weston.

“The accused was leaning into the rear of a Hyundai Tucson. When gardai approached he became aggressive in an attempt to distract them. The officers observed deals of drugs on the back seat,” said Mr O’Sullivan.

The court heard the Armed Support Unit contacted Detective Garda Niall Fitzgerald at Roxboro Road garda station to obtain a search warrant. The warrant was later executed and the vehicle seized at 10pm.

“There were 23 deal bags of heroin and 18 deal bags of cocaine on the back seat. CCTV was secured which showed Thomas O’Neill engaging in drug dealing with two people,” said Mr O’Sullivan.

Five days later - on June 12 -  the prosecuting barrister said gardai executed a search warrant at O’Neill’s own address at Hyde Avenue, a different house to the one referenced on June 7.

“During the course of the search, gardai found seven deals of heroin in a garden shed, as well as cling film and deal bags which are used in the sale or supply of drugs. They found the keys to the Hyundai Tucson and the reg book of the vehicle,” said Mr O’Sullivan.

During garda interviews, O’Neill denied being involved in a drugs transaction on June 7, saying he was handing a person spare change on the CCTV footage.

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O’Neill told gardai the seven deals of heroin found in his garden shed were for his own personal use. The accused said he smoked 10 bags of heroin a day. O’Neill told gardai that the deal bags were for bird seed and seed for flowers.

Mr O’Sullivan said the 23 deals of heroin in the car were valued at €308; the 18 deals of cocaine in the car was €98 and the seven deals of heroin in the garden shed was worth €210.

The prosecuting barrister said the amounts may be small but the manner of the activity demonstrated that O’Neiil was actively involved in dealing cocaine and heroin.

Mr O’Sullivan described O’Neill as “a veteran of the criminal justice system since he was a juvenile”.

He said O’Neill received a 10-year sentence in 2004 for rape with the final year suspended for his role in “a gang rape that achieved considerable notoriety”.

O’Neill, then aged 16, was one of four teenagers who gang-raped a woman at Cratloe Woods, Co Clare, on January 2, 2004.

The four were armed with a golf club, a screwdriver, a shovel and a wheel brace. They threatened the woman and a male she was in company with at the time.

O’Neill and his accomplices ordered the woman and man out of their car. The woman was struck with a golf club after she refused to give one of the gang a kiss.

The man was ordered into the boot of the car and the woman was pushed onto the bonnet before she was dragged inside the car where O’Neill and the other three took turns raping her.

O’Neill also has previous convictions for false imprisonment, intimidation of a witness, robbery, using a telephone in jail, affray, violent disorder, assault with intent to cause bodily harm, production of an article in the course of a dispute, possession of drugs for sale or supply and “a plethora of road traffic matters”.

Liam Carroll BL (pictured below), who represented O’Neill, said the sale or supply offences are at the lower end of the spectrum as the value is so low.

“If it was somebody else it would possibly have been dealt with at district court level but here we are. At the time he was in the throes of addiction and was effectively conducting himself in this fashion to feed his own habit. It was not a profit generating enterprise,” said Mr Carroll.

The barrister said O’Neill struggles with addiction when he is released from prison but O’Neill has commenced a methadone programme and has reduced from 110mls to 50ml. O’Neill has been remanded in custody since June with Mr Carroll saying O’Neill has started to engage in the prison system for the first time in his adult life.

“He is now attending school and is studying art and cooking. He realises he is getting older and his children are growing up. He hasn’t been causing trouble in prison - these are green shoots,” said Mr Carroll, who added that O’Neill’s wife April Collins was in court to support him.

“Ms Collins has had similar challenges through her association with certain people. She was a State witness in a murder trial. Her life was under threat for a significant period of time thereafter. She expects better of him (O’Neill) having removed herself from that lifestyle,” said Mr Carroll.

Judge Colin Daly, in giving sentence, said the value of the drugs might not be considered very high but O’Neill’s culpability was high as he was openly dealing Class A or hard drugs.

Judge Daly said O’Neill was supporting organised crime through his actions. The judge took into consideration the scourge of drugs to O’Neill personally, his local community and society generally.

The judge also took into account O’Neill’s chronic addiction and “very significant previous convictions”.

Judge Daly imposed two two-year jail sentences for the sale or supply of heroin and cocaine on June 7, 2023 to be served concurrently.

A 16-month prison term, to run concurrently, was handed down for the sale or supply of heroin on June 12. The sentences were backdated to June 13 when O’Neill first entered custody. The three possession of drugs charges were taken into account.

Judge Daly granted an order to destroy the heroin and cocaine and the drugs paraphernalia.