The first two men to be jailed under 2009 anti-gang legislation have had their sentences reduced by the Court of Appeal.
Galway brothers Michael O’Loughlin (34), of Rahylin Glebe, Ballybane and Edward O’Loughlin (31), of Rockfield Park, Rahoon, were originally charged with directing a criminal organisation but pleaded guilty to a lesser charge of membership after a decision not to prosecute was entered on the more serious offence.
They were both sentenced to nine years imprisonment for participating in the activities of a criminal organisation by Judge Martin Nolan at Dublin Circuit Criminal Court on June 11th, 2012.
Both men successfully appealed their sentences and new terms of six-and-a-half years imprisonment were imposed on them.
Mr Justice George Birmingham said there seemed to be some blurring of distinction between directing a criminal organisation and participating in one by Judge Nolan.
He said Judge Nolan found himself in a difficult position.
He was the first judge asked to pass sentence under the act and there were no guidelines on how to approach the sentence.
Judge Nolan didn’t even have available to him “what the going rate was”, Mr said Justice Birmingham.
The Court of Appeal took the view that the brothers’ sentence was too severe in a situation where the organisation in question was operating at mid-level criminality.
Having concluded there was an error in principle, the court decided to substitute nine-year prison sentences with sentences of 6½ years.
Giving background to the case, Mr Justice Birmingham said An Garda Síochána had launched Operation Foolscap targeting the activities of a Galway-based criminal gang with some 13 participants.
The Garda operation involved traditional policing methods. A vehicle used by the brothers was also subject to audio surveillance, authority for this having been obtained from a judge pursuant to the Criminal Justice Surveillance Act 2009.
On almost every day when recordings were taking place, the judge said, there were some discussions about criminal activities. Specifically the recordings showed the brothers having some involvement with three drug offences and four burglaries.
Mr Justice Birmingham the drugs involved cannabis worth €800, cocaine worth €8,000 and cannabis pollen worth €15,000.
The burglaries concerned two domestic premises and two commercial premises.
However, Mr Justice Birmingham said the gardaí were aware the premises were going to be burgled and took steps to ensure there was nothing there.
The judge said Edward O’Loughlin had 48 previous convictions while Michael had 50 and all but one of the brothers’ convictions, one of Michael’s, had been dealt with in the District Court.