Kildare judge's scathing attack on prisons over access to illegal drugs and lack of services

The locally-based District Court judge has delivered a  broadside against the Irish Prison Service over the easy access to drugs in places of detention.

And, commented Judge Desmond Zaidan, there is a dramatic shortage of services available within jails to aid the rehabilitation and recovery of prisoners.

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He made the remarks after hearing that a 24 year old Clane man with diagnosed mental health issues was able to get illicit drugs while in custody.

The man was being prosecuted following incidents in Clane.

Scott Robinson, 24, whose address was given as 17 Central Park Avenue, Clane was prosecuted for criminal damage at Naas garda station on March 19 as well as two breaches of the Public Order Act in the Clane the day before.

Sgt Mary Meade told Naas District Court the defendant was in a highly intoxicated condition on the roof of a Londis store shortly after 10pm for about 20 minutes.

He then jumped from a height of about 10 feet to the ground before going into a nearby pub. He was abusive to gardaí after he was detained and “urinated all over” a garda station cell area.

The court was told he has a previous conviction for threatening to kill or cause harm to a garda.

Solicitor Joe Coonan said the defendant, who did not attend in person but appeared via videolink from Cloverhill Prison, wants to improve his life, has access to employment and wants to undertake a course.

The solicitor said the man has had issues and diagnoses, including for ADHD, and had been in the care of Tusla, the Child and Family Agency, for a time.

Mr Coonan added he wants the man to have access to a psychiatrist and to have him liaise with an addiction treatment centre.

The defendant, both of whose parents attended the hearing, told the court he started taking drugs at 11 years old. He said his parents were very good to him and did what they could

His mother said she and her husband were unaware he was using cannabis until a friend told her, because they had never been around drugs and knew nothing about them. She said his drug use escalated and Tusla had their son for a while but “said they didn’t know what to do with him.”

She added: “The only thing I got was a key worker through Tusla.”

She said for a time the son had to be put out of the house and said she is trying to get him to use coping mechanisms when he comes across very difficult situations, such as the premature death of a friend which he experienced - rather than using drugs.

She said it was her experience  that in prison there is a ten month delay to see a psychologist, a 12 months delay to see a psychiatrist and  there are two counsellors serving three prisons.

“How can anyone come through prison better, ?” she asked.

Judge Zaidan said prisons should be drug free and this case is a damning indictment of the State. 

“We seriously have to question what is going on. If prisons are weapon free why can‘t the authorities make an effort to make prison drug free. Vulnerable young people are getting drugs in prison under the watchful eye of the state” said the judge.

He also asked what kind of evil person gives drugs to an 11 year old.

He said the drug dealers rarely come before him but people like the defendant who use drugs and break the law often do.

Judge Zaidan imposed a nine months custody term for criminal damage, taking the Public Order Act breaches into consideration. He said the defendant needs treatment as an in-patient, adding that he will have to meet those who will help him half way or his offending will get far more serious.