Defendant was a member of the Mafia - Judge

A District Court Judge launched a scathing attack on a petrol retailer whom he described as a 'serious player in the distribution of laundered diesel in this county' when he sentenced the man to six months for offences brought by the Revenue Commissioners. Michael Farnan (28), t/a Excel Stop and Shop, Whitegate Cross, Virginia, was sentenced to six months at the local District Court for keeping for sale or delivery 800 litres of laundered diesel at Whitegate Cross on June 20, 2007. He was given a concurrent six-month for keeping a quantity of laundered diesel for sale or delivery at Whitegate on October 6, 2007. A number of other offences were taken into account. Padraig O"Loachda, Custom and Excise Officer, said they received a report on May 26, 2007, that an oil tanker had overturned and caused a spillage at Lear, Bailieboro. When he arrived at the scene, he was introduced to the defendant. Samples were taken and a quantity of marked mineral oil (laundered diesel) was found in the tanker. On June 20, 2007, at a filling station at Whitegate Cross, Virginia, an officer discovered marked gas oil in a tanker, which was again laundered diesel. There was a quantity of laundered diesel being sold on the forecourt of the filling station. Later on October 6, 2007, a covert sample was taken from the forecourt of the filling station and again it contained laundered diesel. The fuel being sold was green diesel. Anyone who filled their vehicles at the pump would not be getting white diesel but green. There was a double switch being operated in the filling station. The defendant was known to witness and his colleagues. He had two previous conviction for similar offences. On September 6 2006, for having 1500 litres of laundered diesel on his premises, he was fined €3,250 and on January 19, 2007, for having 220 litres of kerosene, which came from Northern Ireland, he was fined €5,000. The offences that were before the court were subsequent to the ones he was convicted for. Mr. N. Dolan solicitor defending said his client had worked with his brother in the garage trade and he decided to rent this filling station at Whitegate Cross for two years. He had now closed down the business as he knew it was his only way of avoiding prison. The defendant would de-stock and he had lost his tanker. The Revenue Commission was satisfied he had no paramilitary background. Judge Sean MacBride: 'He has a cavalier attitude towards the law. He was carrying on despite having a number of previous convictions. The people involved in this are gangsters. The defendant is not the bottom link in the chain. If there were not people like the defendant they would not be in business. They are doing business with ruthless people and gangsters. Continuing Mr. Dolan said his client owed €16,000 to various people. He was gambling and took a chance with the diesel. In evidence, Michael Farnan said he accepted full responsibility for what he did. He had now closed the filling station and added he would never deal like that again. It would take him about four or five weeks to de-stock. He has lost his tanker and incurred debt. Judge: 'You were caught re-handed on two occasions and yet you carried on.' Witness; 'Because I was in debt.' Judge: 'I"m satisfied that he is a serious player in the distribution of laundered diesel in this county, You were caught red-handed. I"m aware of this diesel and the affects it has if it spills out on to the road and the costs to local authorities to clean it up. You were giving the two fingers to the Revenue Commission. I"m going to impose a prison sentence.' 'You should be going away for twelve months but you have pleaded guilty so I will impose a six-month sentence. He is a member of the Mafia and can call his friends in Crossmaglen if he has financial difficulties. I"m sending out a message that this type of activity is going to stop and stop now.'Concluding Judge MacBride said: 'We are not going tolerate these gangsters any longer. No civil society would tolerate this type of behaviour. These gangsters have been operating on the black market for the past 30 years and thumbing their noses at society but it will not be tolerated.'