Anonymity request refused by judge

A judge has refused to make an Anonymity Order for a man who admitted possessing Cocaine and Cannabis.

Friday, 26th August 2016, 12:23 pm
Updated Friday, 26th August 2016, 2:26 pm

District Judge Barney McElholm refused the application after hearing that there is no evidence of specific threat against 36-year-old Timothy Nicell.

Nicell, of Westland Mews, pleaded guilty to possessing the class A and B drugs on January 11.

Defence solicitor Paddy MacDermott said that if his client’s details were published ‘it would bring him to the attention of paramilitaries’ who are very active in that particular area.

However, Judge McElholm said the case involved simple possession of drugs and queried if paramilitaries ‘have now decided to involve themselves in personal morality and people’s health and well being. It’s not just drug dealers they are after’.

Derry Magistrate’s Court heard police searched Nicell’s home and found a small quantity of Cocaine and Cannabis.

During police interview, Nicell said he was ‘heavily addicted’ to Cocaine and was a regular user of Cannabis.

Mr. MacDermott said the drugs found were for the defendant’s own use, adding he has no relevant previous convictions.

Judge McElholm said Nicell did not have any convictions for theft, burglary ‘or anything like that. He is obviously not stealing to feed his habit. It is illegal but he is not in anyway affecting the rest of the community.’

The judge fined the defendant £200.