A JUDGE who gave suspended sentences to two men accused of cannabis dealing blasted the pair as not being ‘frank and honest’.

Michael Horne permitted the use of his premises for cannabis dealing and James Herbert supplied the cannabis which was being bagged inside the flat.

A search warrant was executed for Horne’s flat in Cherry Court, Orchard Street, where a 15 year old boy was arrested.

A tick list and 113 grams of cannabis were found, and Herbet’s DNA was found on the bags.

Horne and Herbert appeared before Liverpool Crown Court on Friday, July 16, after they both pleaded guilty at an earlier hearing.

They both received suspended sentences due to ‘strong personal mitigation.’

Prosecuting, Michael Stephenson stated that due to the quantity found at Horne’s flat, it would have been ‘fast work if it was the first day the group had been in the flat.’

He also stated that a witness reported there had been drug deals from July 1 at Cherry Court, although she didn’t not identify a specific building or flat.

Mr Stephenson told the court how when Herbet’s DNA was found on one of the bags, his own address was then searched.

At Herbert’s address on Helsby Street, 104 deals were recovered and snap bags and scales were also found.

The cannabis found at Herbert’s address was of £2,900 value and a further £826.06 in cash was seized by police.

Mr Stephenson stated how Herbert claimed this was the first time Horne’s address had been used for the dealings and that he usually used his own address.

The court also heard how on the 29 July 2020, Horne had gone fishing in Oxford and had ‘dislocated’ himself from the premises, although he had allowed his flat to be used – which the Judge questioned as a ‘pure coincidence.’

Both men, Horne, 28, and Herbert, 29, denied involving the 15 year old boy despite him living at Horne’s property on and off.

Peter Killen, defending Herbert, explained how Herbert’s incarceration could have a ‘subsequent impact’ on others due to the fact he is the ‘sole and primary carer’ of his two children.

Mr Killen also stated how Herbert is a ‘hard working man,’ ‘bread winner’ and ‘provider’ and has a lack of previous convictions.

David Bentley, defending Horne, told the court via video link about the lack of Horne’s involvement in the exploitation of the 15 year old boy.

Mr Bentley also explained how Horne had no role in the supplying of cannabis and turned a ‘blind eye’ and he didn’t want to be labelled as a ‘grass.’

Judge David Aubrey, QC, said: ‘‘I suspect that cannabis dealing was taking place at these premises if I may so, for a goodly time and certainly longer than July 29, 2020.’’

He told the court this is because the witness claimed so, and questioned the ‘pure and utter coincidence’ of Horne being away on a fishing trip when the search warrant was executed.

Judge Aubrey concluded: ‘‘I suspect you have not been totally frank and honest with the court.

‘‘I don’t like people who are not being frank and honest with the court.’’

Horne received a six month sentence, suspended for 18 months as well as 15 days of rehabilitation activity and a two month electronically monitored curfew.

Herbert received a 12 months suspended sentence for 18 months, as well as 30 days of rehabilitation activity and a six month electronically monitored curfew.