Judge tells man whose partner died after festival drug use it is ‘one of the saddest cases'
The court heard that Mr Carroll and his girlfriend had attended the Forbidden Fruit festival on June 2, 2024, where they both consumed drugs
A 24-year-old man whose partner died after they both took drugs following a music festival has avoided a conviction for simple possession, in what a judge described as "one of the saddest cases" to come before his court.
The District Court was told that the defendant Brian Carroll has now made a commitment to living a "drug-free life".
Mr Carroll, of Cedarmount Road, Mount Merrion, Co Dublin pleaded guilty to possession of MDMA and cannabis and appeared before Judge Conor Fottrell at Dún Laoghaire District Court on Wednesday.
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News in 90 Seconds - 7th June
The court heard that Mr Carroll and his girlfriend had attended the Forbidden Fruit festival on June 2, 2024, where they both consumed drugs, while further substances were taken later at a house in south Dublin.
The woman was found unresponsive later that night and died as a result. Mr Carroll had been in a relationship with the deceased for two and a half years.
Gardaí who carried out a search of the house recovered cannabis worth €44, €16 of MDMA and a small quantity of cocaine. Garda Harry Poole told the court that the drugs were for personal use and were at the lower end of the scale.
The court heard that Mr Carroll later voluntarily attended a garda station, gave a full account of what occurred and has not come to garda attention since.
Judge Fottrell initially questioned whether the District Court had jurisdiction to hear the case, given the serious background circumstances.
'I appreciate the plea before the court today, but this is a serious matter,' he said. 'I'm not sure it's a District Court matter.'
Defence solicitor Mark O'Sullivan said it was a tragic accident and argued that the case before the court concerned a minor possession matter.
'That's all the court is being asked to hear today,' he said.
After considering the details, Judge Fottrell accepted jurisdiction.
'On the basis of what's before me, the circumstances are tragic. I'll accept jurisdiction.'
Mr O'Sullivan told the court that Mr Carroll and the deceased had bought the drugs together, but the woman had taken more than his client. He said his client was fully cooperative, had no previous convictions, and had voluntarily presented himself to Gardaí.
Letters were handed into court from Kilmacud Medical Centre and the Community Addiction Response Programme. The court heard Mr Carroll had engaged in trauma counselling following the incident, tested negative for drugs in recent months and remained in full-time employment. He had also volunteered with Little Flower Penny Dinners during the Covid-19 pandemic.
The woman's father and sister were present in court.
'On behalf of my client, I extend our sympathies to the family,' Mr O'Sullivan said. 'Relations remain good between them. This was an absolute tragedy.'
In a personal letter to the court, the man expressed remorse and a commitment to living a drug-free life.
Judge Fottrell acknowledged the man's remorse, the steps he had taken since and the tragic nature of the case.
'This is a tragic case,' he said. 'The consequences were anything but minor. However, the value of the drugs involved is low, and there are no previous convictions".
'You've pleaded guilty, made full admissions, and taken meaningful steps since. I don't propose to impose a conviction.
"This is one of the most unusual and saddest cases to come before the court. I hope you continue your recovery," the judge said, addressing the defendant.
Judge Fottrell concluded the matter without a conviction, following a €1,000 charitable donation.
Funded by the Courts Reporting Scheme.
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