A man joined an organised crime group with a former footballer after he started taking cocaine to cope with his eating disorder, a court has heard.
Cameron Ross, 22, became involved with Alasdair Finlayson, 26, and others to supply Highland drug users with cocaine and cannabis.
Ross, of Invergordon, Ross-shire, was given a 23-month-long jail term for his involvement in the criminal enterprise.
His co-accused Finlayson, of Alness, Ross-shire, was given a nine-year stretch earlier this year after a judge concluded he was “in charge” of a “substantial drug dealing operation”.
On Tuesday, lawyers for Ross and Finlayson went to the Court of Criminal Appeal in Edinburgh to argue that judge Simon Collins KC had imposed “excessive” sentences.
They told appeal judges Lord Pentland and Lord Matthews that their colleague had made errors and imposed excessive prison sentences on the pair.
‘Substantial drug dealing operation’
Ross’s solicitor advocate Ann Ogg told the court that her client should have received a non-custodial term.
Explaining Ross’s background, Ms Ogg said: “The appellant suffered from bulimia and he was told that if he took cocaine that would help him.
“He took cocaine and became addicted to it. He fell into debt. He is a vulnerable young man who suffers from anxiety.
“This wasn’t someone who was involved because he was interested in financial gain. He became involved because of the condition he has.
“It is my submission that the judge erred in imposing a custodial sentence. I invite your lordships to quash the custodial sentence and substitute it with a non-custodial sentence.”
Former footballer linked to seized drugs
At proceedings earlier his year at the High Court in Edinburgh, judge Collins concluded that Ross’s co-accused Finlayson was in charge of the organisation.
The court heard how the former footballer was linked to cocaine and cannabis seized during a police anti-drugs operation which recovered drugs worth more than £650,000 on the streets.
Judge Collins told first-time offender Finlayson: “You were in charge and actively involved in a substantial drug dealing operation”.
The judge also told him that he would have faced a 10-year prison sentence for the offences, but for his guilty pleas.
Finlayson earlier admitted being concerned in the supply of cocaine and cannabis between January and August 2020.
‘Stash sites’ in wooded areas
The court heard the drugs operation used “stash sites” in wooded areas in the countryside in the Highlands to hide drugs, cash and bulking agents to cut the cocaine.
The judge was told that Finlayson was assessed as the individual in charge after he was found to have travelled between sites and sold drugs.
But the Crown accepted he had built up debts to those higher up in organised crime and had received threatening messages over the debts.
Defence solicitor advocate Jim Keegan KC, for Finlayson, said he had played football for North Caledonian side Alness United and went into coaching, before getting caught up in drug dealing.
Mr Keegan told the court: “It is astonishing to see such a downward spiral in a relatively short period of time”.
Ross was jailed after admitting being concerned in the supply of cocaine between June 10 and 12 in 2020 at woodland off Glenglass Road, Evanton.
Ryan Ross, 28, of Gateside, Balintore, Tain, Ross-shire, was ordered to carry out 300 hours of unpaid work under a community payback order.
He was also fined £2,000 after admitting a proceeds of crime offence by acquiring and having possession of criminal property in sums of cash between July 13 and August 6 in 2020.
‘Persons of interest to English authorities’
A fourth man Daniel Degan, 32, of Coach House Cottages, Alness, was also fined £2,000 and ordered to carry out 300 hours unpaid work after admitting being concerned in the supply of cocaine on July 31 in 2020.
The court heard the drugs operation was uncovered after Scottish police officers began assisting counterparts from England over suspected English drug dealers.
Scottish officers watched a series of meetings between “persons of interest to the English authorities” and Highland locals.
Police discovered a site at Fyrish where clumps of moss had moved to create a hideout for drugs, cash, gloves, scales and bulking agents.
They found 10 kilos of herbal cannabis and more than one and a half kilos of cannabis.
Further drugs, including a haul of high-purity cocaine, were also found in searches of woods at Munlochy and off the Glenglass Road in Evanton.
On Tuesday, Finlayson’s advocate Donald Findlay KC told the appeal court that judge Collins wrongly concluded that his client was in charge of the gang.
Mr Findlay said the evidence in the case showed that another man was in charge of the gang.
He also said the evidence showed that his client had a “significant involvement” in the gang but not a “leading one”.
Mr Findlay referred to English sentencing guidelines which stated that people in Finlayson’s position should receive lesser sentences than those who lead drug gangs.
Mr Findlay added: “He was a user who became embroiled in the operation after he ended up in debt. He was subjected to various pressures and threats”.
The appeal judges said they were satisfied that their colleague acted correctly in sentencing Ross.
Lord Pentland said: “We do not think it can be said that the sentencing judge erred. The appeal of this appellant is refused”.
‘The sentence will be quashed and substituted’
With regard to Finlayson, the appeal judges agreed with Mr Findlay in saying that the sentence imposed upon him was excessive.
Lord Pentland said: “The sentencing judge erred in saying that he had a leading role. He played a significant role.
“The sentence will be quashed and substituted with one of seven years and three months.”
Lord Pentland also said that he and Lord Matthews would issue a written judgment detailing the reasons for their decision sometime in the near future.
For all the latest court cases in Inverness as well as crime and breaking incidents, join our new Facebook group.
