A young woman died of a brain bleed after consuming drugs supplied by a man she was dating, in a case that was “the textbook definition” of a tragedy, a court has heard.
Ailbhe Smith (26), from Kilmacanogue, Co Wicklow, died in hospital on October 1st, 2020, a day after taking two lines of cocaine and some MDMA pills, Dublin Circuit Criminal Court heard on Thursday.
A post-mortem determined that Ms Smith died of a cerebral bleed caused by MDMA toxicity and cocaine use.
IT technician Glen Burke (28), of Ridgewood Square, Swords, Co Dublin, pleaded guilty to possession for sale or supply of MDMA and cocaine valued at less than €100 at his home on the night of September 30th, 2020.
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The court heard that some time after they took the drugs together, Ms Smith began dripping with sweat and Burke got her to drink “loads of water”. He told gardaí she seemed to be okay for a while, but an hour later she went limp and was convulsing, and Burke rang 999.
He later told gardaí that he loved Ms Smith, who he had met online six weeks previously, and that they planned to travel the world together. He said it was “not her fault at all”, and that it was “my stupidity”.
Judge Pauline Codd imposed a fully-suspended sentence of two years, and told Ms Smith’s family the sentence was “in no way a mark of the loss sustained by the family, or a measure of their lovely daughter’s life”.
She said it was “a measure of the culpability of the accused”, and she extended her condolences to Ms Smith’s family.
“Nothing can bring your daughter back,” said Judge Codd, acknowledging the Smith family’s “huge loss” and paying tribute to her father’s “articulate, insightful and very moving” victim impact statement.
Judge Codd said if any case could highlight the impact and danger of drug use, it was this case. “I hope that, in some way, it can act as a warning to other people in respect of drug-taking,” she said.
Reading aloud from his victim impact statement, Michael Smith described how on that “bitter and life-determining day,” his daughter Ailbhe and all her loved ones had lost “each and every hope and dream”.
“Ailbhe was the heart of us all: life, love and laughter, the glue that held us together; always a smile and a cheeky grin. She was brave, fun-loving, and so strong,” said Mr Smith.
He described how his daughter was “on the threshold of the life she had been striving for” and how proud her family were of her achievements and her work with people who did not have a voice, with people with disabilities and the marginalised.
He has put himself in a psychological prison for the remainder of his days
Oisín Clarke BL, defending, said the case was “the textbook definition of a tragic event” and has “ruined a number of lives”. He said Burke had enormous guilt and was absolutely devastated by the suffering he has caused to Ms Smith’s family.
“He has put himself in a psychological prison for the remainder of his days,” said Mr Clarke.
Garda Brian Morrissey told Fionnuala O’Sullivan BL, prosecuting, that Ms Smith took a taxi to Burke’s house, arriving at around midnight on September 30th. Burke told gardaí that he had already been drinking and that they continued to drink until around 2am, with Ms Smith drinking half a bottle of whiskey.
“We took Green Monster pills. It was my stupidity; I got them for her. She never tried them before,” Burke said in his statement to gardaí.
“We also had two lines of cocaine each. We were totally fine. At 7am, the poor girl started dripping with sweat everywhere. I knew she wasn’t okay. I got her to drink loads of water. She seemed to be okay for a while until an hour later, she got up to go to the toilet, and as I grabbed her, she went completely limp.”
Burke said Ms Smith was convulsing, and he rang 999, and the ambulance arrived ten minutes later.
Gda Morrissey agreed with counsel for the defence that there was no element of coercion and that both parties had voluntarily decided to do what they did.
Mr Clarke described his client as an intelligent, well-liked and respected man who was also a rescue diver with CPR qualifications.
Judge Codd said that usually, in cases of supplying drugs, the impact was far more remote, but that in this case, it was quite immediate in that Burke supplied the drugs to Ms Smith, she ingested them and died.
The judge said this case shows how something of small value can have an enormous impact, and set a headline sentence of four years on each count.
Judge Codd gave Burke credit for coming forward on signed pleas at the District Court, his genuine remorse, his good record, and the testimonials and letters submitted on his behalf.
She said some people might think drug-taking can be a “harmless social activity, but this case highlights the dangerous and tragic consequences of it”.