Binman collected 15kgs of cannabis from courier

A BINMAN who walked into a “classic controlled drugs delivery situation” with his “eyes wide shut” has been given a suspended jail sentence at Cavan Circuit Court.

Zsolt Albert (35) of Stonebridge Court, Railway Road, Cavan, appeared before the recent court sessions for sentencing, having pleaded guilty to the possession of drugs for sale or supply.

When he appeared at the most recent sittings of Cavan Circuit Court, prosecuting barrister for the state, Monica Lawlor BL, reminded Judge John Aylmer of the particulars of the case, while an updated Probation report was also before the court.

Garda Sergeant Alan Jones was called to give evidence. He said local gardaí were contacted by Customs officers on November 24, 2023, after they had been alerted to a parcel containing approximately 15 kilos of cannabis arriving in Dublin.

The parcel was scheduled for a controlled delivery to Zsolt Albert’s home address of Apartment 19, Stonebridge Court, on November 27.

At 12:20pm on the day, local gardaí attended Stonebridge Court and observed Albert approach a white delivery van and collect the parcel, which was a 20kg suitcase.

While Gda Jones stopped and arrested Albert, his colleague noticed the bin lorry in which he was a passenger pass the scene and another garda followed that vehicle, while Albert was taken to Cavan Garda Station.

A search of Albert’s home uncovered small quantities of cannabis, amphetamine and cannabis gummy sweets and a set of weighing scales. There were 11 exhibits before the court.

Albert had given his iphone to Gda Jones at the time of arrest. During four custody interviews, Albert said a delivery driver had contacted him about a package, but he thought it was a joke because he “never ordered anything online”.

When asked about his name and address on the parcel, Albert said he didn’t know how or why they were on it.

In interview, Albert also said he received a message a week earlier from a man who text first in Russian, then in Lithuanian and when Albert asked him who he was, text in English, about a tracking number.

Albert told gardaí a Samsung phone found in his bag after arrest wasn’t his. In his third interview, Albert admitted to officers: “I knew about the package, but I didn’t know what was inside.”

He also said his friend ‘David’ told him to set up an email address and that friend was in charge of the email address and the phone and sim card as well.

“I believe he is not as involved as the other person,” Gda Jones told the court. He added that Albert had not come to garda attention before or since this incident.

At the outset, Ms Lawlor said the DPP did not accept the garda belief that Albert was a “lesser player”.

The following April, Forensic Science Ireland sent gardaí the results from tests carried out on the suspected drugs found in Albert’s apartment and confirmed he had 0.451 grams of cannabis, 3.390 grams of amphetamine, 2.368 grams of cocaine and the bag of sweets were tetrahydrocannabinol, or THC, gummies.

Tests carried out by Customs found the parcel delivered to Albert’s address in his name contained 15,029 grams of cannabis. With cannabis demanding a street value of €20 per gram, Ms Lawlor said the total value of the drugs was €300,580.

Defence

Garnet Orange BL defended in the case. He told Judge John Aylmer Zsolt Albert had consistently worked since he came to Ireland in 2008 from Slovakia and had never come to garda attention.

He said on the day in question Albert was captured on CCTV working as a binman. “He is the man who goes to the bin, catches it and empties it into the lorry,” Mr Orange said before pointing out that his colleague, David is the Lithuanian driver of the bin lorry.

Mr Orange put it to Gda Jones that David was arrested a few weeks earlier on another matter and that was confirmed.

“The accused was asked by David to receive a package,” the barrister asserted, “Albert might have known there was something in the package, but he was shocked at the quantity.

“The bin lorry drove to an underground car park to get the delivery,” Garnet Orange said, “Albert expected a small package but, it was a 20 kilo suitcase.”

The barrister also pointed to cab footage and CCTV that showed David putting the Samsung phone into Zsolt Albert’s bag.

Garnet Orange asked Gda Jones: “It would seem from investigations Zsolt Albert was hugely surprised by the circumstances?” and the officer agreed.

Mr Orange reaffirmed this point when he quoted from Albert’s garda interview when he had said: “Do you think I’d be working as a binman if I were making that kind of money?”

“This is a classic controlled delivery situation,” Garnet Orange continued, “whoever was behind it wanted to make sure he was removed from it and set it up so he could circumvent the scene.”

“Zsolt Albert walked into it with his eyes wide shut,” he said in conclusion.

Judge Aylmer responded by saying: “I can’t ignore the drugs found in his apartment and what about the scales?”

Mr Orange said the drugs found in his apartment is consistent with the personal drug use contained in Albert’s probation report “and no more than that”.

“What about the scales?” Judge Aylmer asked.

“Everyone’s got scales, judge,” Mr Orange said. “I’ve got a good set of digital scales that you would likely take a dim view of.”

Gda Jones said the scales had not been analysed and agreed the drugs found in Albert’s apartment were consistent with personal use.

Sentencing

When Judge Aylmer addressed Albert for sentencing he said: “It’s clear your involvement in this matter is an aberration although you’ve admitted you’re a user and seem to have a relaxed attitude to this. Your probation report also states you have a tendency to minimise your personal use.”

The judge pointed to the fact the 35-year-old has no previous convictions, is a hard worker and is otherwise of good character. With that in mind, Judge Aylmer said he could reduce the prison sentence he would impose to two years.

Continuing, Judge Alymer said it was very unusual in such a case to suspend it in its entirety for such a large quantity of drugs but “gardaí say everything in your house is consistent with personal use”, he said, “and I accept your lack of knowledge about the size of the package.”

“As such the court can treat it as an exceptional case and suspend the sentence completely,” Judge Aylmer ruled.

Zsolt Albert had already pleaded guilty to possessing drugs with intent to supply and after he was convicted was handed a two-year suspended sentence on the condition that he enter a bond of his own of €100, abstain from all un-prescribed drugs and be of good behaviour for the term of his suspended sentence, go under the supervision of the Probation and Welfare Service for 12 months and comply with all their directions.

The DPP agreed to nolle prosequi five other drugs charges on Albert’s indictment and a destruction order was made for the drugs found in his apartment.