Judge calls for increase in maximum community service hours to alleviate ‘inhumane’ overcrowding in prisons

The option to impose up to 600 hours of Community Service should be made available when sentencing, to alleviate overcrowding in Irish prisons, according to a Mullingar Circuit Court judge.

Judge Keenan Johnson has hit out at the “unconscionable and inhumane” conditions in overcrowded prisons, which have up to three prisoners per cell, with “an open toilet”, one prisoner on a mattress and two in bunks.

He made the comments in relation to the case of Sifiso Mpobole (39), of Alverno Drive, Willow Park, Athlone, who was sentenced to 240 hours of Community Service for an offence of money laundering.

Father of three, Mr Mpobole had pleaded guilty to a charge of money laundering after he was found in possession of bundles of cash amounting to €62,100, discovered in his car.

Garda Sean Barrett outlined to Cathal O’Braonáin, BL, prosecuting, how he was patrolling the Dublin Road area of Mullingar at 4.55pm on March 4, 2024, when he observed a silver Mercedes parked “in an unusual manner”, prompting him to stop and speak to the driver of the vehicle.

Mr Mpobole was “nervous”, the court heard, and a search was carried out on the car. A bag full of bundles of cash was found on the back seat of the car, amounting to €62,100. The accused initially said it was his own cash.

He was subsequently arrested and, when interviewed, he said he had obtained the cash in Dublin and was parked in Mullingar to meet someone who would tell him where to take it.

The accused, who has six previous convictions for road traffic matters, and one for criminal damage, was a cannabis user, the court heard, and spent on average €50 or €60 on the drug, which resulted in a drug debt of €5,000.

“The essence of the explanation was a drug debt,” said Dara Foynes, senior counsel for the accused, adding that her client was “as forthcoming as he could be in the circumstances”.

In mitigation, she outlined how her client is doing his best to support his children financially. He carried out the offence because his family had been threatened, she said, but he is now drug free and the “reason he got himself into this situation is no longer an issue”.

“This was an absolutely colossal mistake on his part. He got himself into a situation where he was between a rock and a hard place. This is something he will regret, probably for the rest of his life,” said Ms Foynes.

Judge Johnson noted that Mr Mpobole was “in the throes of addiction” at the time of the offending, and said it was “a significant offence given the quantity of cash” and that those involved in the drugs industry “couldn’t operate without the likes of the accused” laundering their money.

Noting the amount of money involved and the negative impact of money laundering on society among aggravating factors in the case, he set a headline sentence of six years.

Taking into account numerous mitigating factors, including his early plea of guilt, cooperation with gardaí, remorse shown, positive engagement with the Restorative Justice Scheme and a good work history, he reduced that sentence to one of three years and six months.

He said an immediate custodial sentence was not appropriate and imposed a total of 240 hours of Community Service in lieu of that sentence, to be completed within 18 months.

“Under the new Criminal Justice Bill, the maximum Community Service is going to be increased to 480 hours. Had that been available, I would have imposed that,” said Judge Johnson, adding that he had lobbied for a maximum of 600 hours to give judges sentencing options to alleviate the overcrowding in prisons.

Finally, he made a forfeiture order in respect of the cash that was seized from Mr Mpobole’s vehicle.