A Liverpool dealer thanked a sheriff for not jailing him after police recovered thousands of pounds worth of class A drugs in a traffic stop on the A90.
Serial offender Thomas Barnes was facing almost certain jail time for his involvement in the criminal operation – until it emerged that he was not in the vehicle at the time.
In fact, the 42-year-old was not even in the country.
Barnes was arrested in Merseyside nearly five years after the drugs were recovered.
Police identified his fingerprints on some of the bags.
He appeared at Perth Sheriff Court and admitted being concerned in the supply of heroin on December 18 2019.
It is understood to be the first time he has stepped foot in Scotland.
Forensic swab
The court heard police signalled the car to stop at Inchmichael after spotting it had a possible broken light.
When officers were approached by driver Liam O’Grady, they noticed a strong smell of cannabis.
Two other passengers were in the backseat of the car.
Officers seized a backpack containing more than 80 individual bags of suspect brown powder from the vehicle.
Inside the bags, were 569 smaller, knotted packages.
The illicit powders were analysed and confirmed to be heroin worth just over £8,500.
Police also recovered from the car two additional number plates and a speed detection device, used to block speed cameras.
Fiscal depute Douglas Thompson said the bags were forensically swabbed and Barnes’ DNA was found on one of them.
‘He was never in the country’
The hearing was paused briefly to establish Barnes’ role in the operation.
Solicitor Lyndsey Barber, defending, said: “He was never in the car.
“He was never in this country.”
She said: “Mr Barnes first became aware of this matter some four or five years after the incident.
“He was traced in terms of a forensic hit from some of the bags. A fingerprint was found.”
Sheriff William Wood told Barnes: “I am content to deal with this matter on a non-custodial basis.
“But nevertheless you have a substantial record and you have pleaded guilty to being concerned in the supply of a class A drug.
“This will be a direct alternative to a custodial sentence.”
The sheriff ordered Barnes to carry out 300 hours of unpaid work, the maximum amount available.
Sentence reduced on appeal
Driver O’Grady was originally jailed for four-and-a-half years for his involvement.
The court heard how he had set off from his home in Nottingham and stopped off in Liverpool, before heading north to Scotland.
O’Grady had agreed to courier the drugs after “borrowing money from the wrong people,” but had struggled to pay it back.
It was said heroin and cocaine worth a potential £40k was recovered, but only about £8,500 was attributable to Barnes.
O’Grady had his sentence reduced to 40 months on appeal.
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