A solicitor from south Wales found guilty of supplying cocaine and perverting the course of justice by passing messages between a drug dealer he was representing and his drug runner is due to be sentenced today.
Ben Garvey, who was a partner at David W Harris Solicitors & Co based in Swansea, Pontypridd, and Talbot Green, has found himself on the opposite side of the courtroom during his trial at Bristol Crown Court.
Garvey, 38, from Port Talbot, was found to have encouraged his friends to purchase cocaine in messages found in a WhatsApp group named 'The Old C***s'.
Background of the case
He later went on to represent his cocaine dealer Daniel Baker, 34, who was arrested on suspicion of conspiracy to supply class A drugs, and passed on messages from Baker's runner Jake Blackburn, 28, to his client while he was incarcerated.
The defendant's association with Baker began in the summer of 2021 when Garvey purchased cocaine from Baker on behalf of himself and his friends.
Prosecutor Ray Tully KC said: "[Garvey] was planning for a big night out and there was the suggestion they would need to have access to cocaine to have the use of during their big night out."
Prosecution's case
Mr Tully said: "The prosecution's case is Daniel Baker, as of the summer of 2021, was the organiser of an organised crime group and that group was instrumental in the supply of cocaine."
He added: "He came to be arrested in 2021 and following his arrest and seizure of electronic items messages came to light of Mr Garvey, the solicitor, arranging to meet with Mr Baker for the purpose of purchasing cocaine from him."
There were two meet-ups between Garvey and Baker in a 12-hour period during which the former purchased cocaine from the latter for himself and others. Blackburn sold cocaine to Garvey on Baker's behalf when he was not available to do so.
Messages and arrest
Following Baker's arrest on August 18, 2021, he asked to be represented by David W Harris Solicitors & Co. Mr Tully said: "He would have known Mr Garvey was a solicitor who acted for that firm and came to be represented by Mr Garvey, represented by someone he knew and supplied drugs to in the past."
Garvey was in frequent phone contact with Blackburn following Baker's remand in police custody. One message from Blackburn to Garvey read: "Tell Dan Oxford's sorted, everything else by tonight."
Mr Tully said: "The police investigation into Mr Baker led them to realise Mr Baker was involved in a drugs operation in south Wales, where he comes from, and there was an Oxford angle. He was sourcing and supplying drugs in the Oxford area."
Another message from Blackburn to Garvey read: "iCloud username and password." Mr Tully said: "We say that request was so Mr Blackburn could get access to online material stored online relating to Mr Baker and the purpose for him wanting to do that is manifold; to take care of things after the boss had been nicked, and wanting to delete or wipe information online knowing the boss had been nicked."
He added: "In the circumstances the prosecution suggest the communication that took place is evidence they were all involved in relaying information to and from Mr Baker whilst he was in custody."
"We say that it's an attempt to preserve and protect the drugs operation and carry on business whilst the boss is incarcerated and the communication would be designed to hamper and impede the investigation that has got under way that day."
As a result of messages discovered on Baker's phone Garvey and Blackburn were arrested and their electronic devices were seized. Messages on Garvey's phone reveal he was concerned in the supply of steroids in 2013 and was part of a WhatsApp group in which he encouraged and "egged on" friends to purchase cocaine. Images taken from the group included photos and videos of cocaine and people using cocaine.
Verdicts and sentencing
Garvey, of Vivian Park Drive, Sandfields, Port Talbot, was found guilty of perverting the course of justice (a majority verdict), being concerned in the supply of class A and C drugs, and encouraging or assisting in the commission of an offence.
Baker, of Silver Avenue, Sandfields, Port Talbot, was found guilty of perverting the course of justice (a majority verdict). He previously pleaded guilty to conspiracy to supply class A drugs.
Blackburn, of Chrome Avenue, Sandfields, Port Talbot, was found guilty of perverting the course of justice (a majority verdict). He previously pleaded guilty to being concerned in the supply of class A drugs.
All three defendants are due to be sentenced at Bristol Crown Court today.
The sentencing hearing begins as judge Michael Cullum enters the courtroom. Garvey, Baker and Blackburn are in the dock and there are members of the defendants’ family in the public gallery.
The prosecution is represented by Ray Tully KC. Garvey is represented by Brendan Kelly KC. Baker is represented by Robin Shellard, and Blackburn is represented by Andrew Taylor.
Mr Tully tells the court he will not be recounting the facts of the case, which were opened in detail during the trial. The prosecutor takes the court through the sentencing guidelines for each of the counts the defendants are due to be sentenced for.
