Waterford man with 25-plant grow house in bedroom tent given suspended sentence
The sentencing was heard at Waterford Courthouse by Judge Eugene O'Kelly.
A Waterford man has had his entire sentence for operating a cannabis grow house in a tent in his house suspended due to the "exceptional circumstances’" of growing the drugs for a friend with cancer. Akos Kondos pleaded guilty at Waterford Circuit Court to one offence under section 15(a) of the Misuse of Drugs Act for the possession of nearly €50,000 worth of cannabis created in a grow house of 25 cannabis plants.
A Hungarian national, Kondos, 42, with an address at Ursuline Court, Waterford City, quickly admitted to Gardaí who called to his house that he was in possession of illegal drugs. The drugs were valued at €20,000 of cannabis plants and €28,000 in cut cannabis, some of which Kondos was in the process of transforming into cannabis oil.
The meat factory worker explained to the arresting Gardaí that he had begun to grow cannabis in a tent located in an upstairs bedroom in order to send it to a friend who was suffering with cancer, who lived back in Hungary. Kondos admitted to Gardaí that he had been sending cannabis oil to his ill friend, as well as using some of the cannabis for personal use.
Gardaí said they did not have any evidence to suspect that Kondos had been selling the drugs or making any money from the enterprise.
The enterprise was described as a “misguided attempt to support a sick friend” by the defence barrister, who explained that Kondos, a qualified chef, had moved to Ireland in 2008 and had retained the same employment in a meat factory since then.
Presiding over the sentencing, Judge Eugene O’Kelly said that the offence fell at the bottom of the medium degree of the scale of seriousness and set the starting point for sentencing to four years. Judge O’Kelly reduced it to three years due to the a “very positive” probation report, which indicated that Kondos posed a low risk of reoffending.
Judge O’Kelly said the circumstances of the offence amounted to “wholly exceptional circumstances” and suspended the three-year sentence for a period of three years.
Judge O’Kelly said he was giving Kondos a “wholly exceptional chance” and said he “would not get another one”.
The judge said Kondos had a memorable name, issuing the warning: “If I see him before me again, I will not forget.”
