Tricolour-waving anti-immigration protestor jailed for drug offences

https://www.belfasttelegraph.co.uk/news/courts/tricolour-waving-anti-immigration-protestor-jailed-for-drug-offences/a534377214.html

Paul Higgins
Today at 13:05

A Tricolour-waving anti-immigration protestor was handed a 40-month sentence todayafter he admitted supplying cocaine for five months.

Sentenced at Craigavon Crown Court, Bernard Lavery stood impassive and handcuffed as Judge Donna McColgan KC ordered the 34-year-old to serve half his sentence in jail and half under supervised licence conditions.

In addition to the jail sentence, the judge also ordered him to forfeit and donate £1,330, seized by cops when they raided Lavery’s home in October 2022, to a local drug charity and the anti-immigration protestor faces further sanctions in the form of a potential Serious Crime Prevention Order.

At an earlier hearing Lavery, from Farnham Street in Belfast, entered guilty pleas to a total of five offences the most serious of which was a charge of being concerned in supplying class A cocaine between May 20 and October 7, 2022.

He also admitted having class B ketamine with intent to supply, simple possession of cocaine, simple possession of class B Amphetamine and possessing criminal property, namely £1,330 in cash and “valuable designer watches” on October 12.

Summarising the facts of the case during her sentencing remarks today, Judge McColgan outlined how cops were acting under a search warrant when they raided Lavery’s former home in Killeavy on October 12.

“During the search four mobile phones were seized, two found in a safe in the kitchen and a further two from the bedroom,” said the judge.

Lavery refused to provide the PIN codes for police to access them so each of the phones were subject to specialist examination and that resulted in “downloads which culminated in excess of 200,000 pages of data.”

Amongst that “wealth of documentation,” detectives retrieved evidence which “clearly demonstrated the defendant was involved with serious organised crime with a significant role in the supply of cocaine”.

Turning back to the search of the property, Judge McColgan told the court police also seized the cash and watches along with more than 200 grams of ketamine “and other drug paraphernalia” such as scales, “liquid inhalers” and a suspected list of customers.

Lavery was arrested and was subjected to “four lengthy interviews” and although he refused to answer any police questions, he later admitted the offences.

Judge McColgan told the court she had read and considered the pre-sentence report, assuring Lavery she was aware of and had taken into consideration the “number of personal issues” he has clearly had in recent years.

“They have clearly had a significant and profound effect on him but I will say no more about those matters,” said the judge, adding tat a further consideration was that “in addition to the facts it has been brought to my attention that a number of associates of the defendant” have been jailed by other courts.

The judge told Lavery the authorities were clearly set out that in all but exceptional circumstances, offences of drug dealing and supply “will merit immediate custodial sentences.

She also told the self-confessed dealer if he had fought the case and been convicted, he would have received a five-year sentence but giving discount for his guilty pleas, “I will reduce that to 40 months”.

While it was not referenced in court today, Lavery is also in custody facing charges arising from the recent anti-immigration protests which resulted in widespread and serious rioting in August.

He was pictured with other protesters outside City Hall in Belfast but strikingly, he was holding aloft and waving an Irish Tricolour just a few feet away from a fellow protestor waving the Union Jack.

In that case, he is charged with taking part in an unnotified, illegal parade and while the police case is that he was seen “pointing and gesturing towards hotels” and had played a “significant and pivotal role” in the protest, the defence contend that that he had actually played a “pacifying role”.

“He was encouraging those engaging in serious disorder to desist. He was holding crowds back,” insisted the lawyer when livery was first charged.

Sentenced at Craigavon Crown Court, Bernard Lavery stood impassive and handcuffed as Judge Donna McColgan KC ordered the 34-year-old to serve half his sentence in jail and half under supervised licence conditions.

In addition to the jail sentence, the judge also ordered him to forfeit and donate £1,330, seized by cops when they raided Lavery’s home in October 2022, to a local drug charity and the anti-immigration protestor faces further sanctions in the form of a potential Serious Crime Prevention Order.

At an earlier hearing Lavery, from Farnham Street in Belfast, entered guilty pleas to a total of five offences the most serious of which was a charge of being concerned in supplying class A cocaine between May 20 and October 7, 2022.

He also admitted having class B ketamine with intent to supply, simple possession of cocaine, simple possession of class B Amphetamine and possessing criminal property, namely £1,330 in cash and “valuable designer watches” on October 12.

Summarising the facts of the case during her sentencing remarks today, Judge McColgan outlined how cops were acting under a search warrant when they raided Lavery’s former home in Killeavy on October 12.

“During the search four mobile phones were seized, two found in a safe in the kitchen and a further two from the bedroom,” said the judge.

Lavery refused to provide the PIN codes for police to access them so each of the phones were subject to specialist examination and that resulted in “downloads which culminated in excess of 200,000 pages of data.”

Amongst that “wealth of documentation,” detectives retrieved evidence which “clearly demonstrated the defendant was involved with serious organised crime with a significant role in the supply of cocaine”.

Turning back to the search of the property, Judge McColgan told the court police also seized the cash and watches along with more than 200 grams of ketamine “and other drug paraphernalia” such as scales, “liquid inhalers” and a suspected list of customers.

Lavery was arrested and was subjected to “four lengthy interviews” and although he refused to answer any police questions, he later admitted the offences.

Judge McColgan told the court she had read and considered the pre-sentence report, assuring Lavery she was aware of and had taken into consideration the “number of personal issues” he has clearly had in recent years.

“They have clearly had a significant and profound effect on him but I will say no more about those matters,” said the judge, adding tat a further consideration was that “in addition to the facts it has been brought to my attention that a number of associates of the defendant” have been jailed by other courts.

The judge told Lavery the authorities were clearly set out that in all but exceptional circumstances, offences of drug dealing and supply “will merit immediate custodial sentences.

She also told the self-confessed dealer if he had fought the case and been convicted, he would have received a five-year sentence but giving discount for his guilty pleas, “I will reduce that to 40 months”.

While it was not referenced in court today, Lavery is also in custody facing charges arising from the recent anti-immigration protests which resulted in widespread and serious rioting in August.

He was pictured with other protesters outside City Hall in Belfast but strikingly, he was holding aloft and waving an Irish Tricolour just a few feet away from a fellow protestor waving the Union Jack.

In that case, he is charged with taking part in an unnotified, illegal parade and while the police case is that he was seen “pointing and gesturing towards hotels” and had played a “significant and pivotal role” in the protest, the defence contend that that he had actually played a “pacifying role”.

“He was encouraging those engaging in serious disorder to desist. He was holding crowds back,” insisted the lawyer when livery was first charged.