A JUDGE has warned a defendant that he will not be indulged any longer, as a proceeds of crime case against him was delayed again this week.
Richard Jarman, 44, received a suspended prison sentence at Merthyr Tydfil Crown Court in July for dealing drugs.
Jarman, of Coryton Close, Brecon, admitted four charges, related to dealing cocaine and possessing ketamine and cannabis.
A proceeds of crime application has since been brought against Jarman – this is the term given to money or assets gained by criminals during the course of their criminal activity. The authorities have powers to seek to confiscate these assets.
Jarman had been due to appear at Merthyr Crown Court on Wednesday, November 27, and the fact that he failed to show up angered Judge Jeremy Jenkins.
When asked by Judge Jenkins where the defendant was, Hashim Salman, representing Jarman, said: “I don’t know, your honour.”
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Judge Jenkins said: “He’s not here, there’s been no reply to the prosecution’s request.
“I’m not waiting for the defendant, I’m going to set this down for a hearing. He was ordered to serve his documentation in October.
“If the defendant doesn’t file his documents, the prosecution can call their evidence and we’ll hear it in his absence. He’s had more than enough time.
“I don’t want to delay this any further and I’m not indulging him any further. If he wants to participate, not only will he be present on (the next occasion) but he will serve his documentation as quickly as possible.”
Mr Salman said: “I accept the court has been fair with the defendant.”
Police found around £1,200 to £1,600 worth of cocaine at Jarman’s address when they executed a search warrant there on September 9, 2022. They also found more than £700 worth of cannabis and a small amount of ketamine.
The cocaine recovered in total had an estimated street value of between £1,290-£1,610. The cannabis was valued at about £727.
Judge Paul Hobson told Jarman back in July that he had taken an “exceptional course of action” in not jailing him.
The delay in dealing with the case – Jarman was initially arrested in September 2022 – his previous good character, the positive steps taken since the offences and the ill health of his father had all persuaded Judge Hobson to avoid sending Jarman immediately to jail.
“99 times out of 100 the appropriate sentence would be immediate custody,” said the judge.
For the two supply charges, Jarman was jailed for two years, suspended for 18 months. There was no separate penalty for the two possession charges.
Jarman was told to complete 10 rehabilitation activity days and 300 hours of unpaid work – the maximum that can be imposed.
His proceeds of crime case was adjourned and is now due to take place in Merthyr on January 24, 2025.
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