Nenagh arsonist who caused €60,000 worth of damage to house in 'alcoholic fury' is jailed

A man who committed arson and criminal damage to a house in Nenagh in an “alcoholic fury” has been jailed by Judge Cormac Quinn at Nenagh Circuit Criminal Court.

Kristof Malik, 40, of 4 Bulfin Road, Nenagh, pleaded guilty to arson at 4 Bulfin Road on December 30, 2021, and criminal damage to televisions valued at €2,800, destruction of a sitting room and kitchen furniture and a large fish tank containing tropical fish and accessories, valued at €1,200.

At his sentencing last Thursday, Det Garda Martin Connolly outlined that on the night in question a passerby had to break into the house to check no one was inside after they spotted the fire.

Garda Connolly said the house was rented at the time to Mr Malik by Michael O’Mahony and a surveyor’s report estimated that €60,000 worth of damage had been caused.

The property was not insured at the time due to a lapse in paperwork on behalf of Mr O’Mahony. To date, Mr Malik had repaid €1,800.

Following the fire, Mr Malik had been arrested elsewhere later that night for being intoxicated in public.

Garda Connolly said that Mr Malik told gardaí he had wished to set himself alight that night and had tried to pour petrol over himself but the container was empty.

In a victim impact statement read to the court by Garda Connolly, Mr Malik’s wife said she had lost her possessions in the fire and her mental and physical health had suffered.

She had to rent elsewhere at extra cost.

Garda Connolly also read out Mr O’Mahony’s victim impact statement in which he said that the upstairs of the house had been destroyed and it would cost €60,000 to repair.

He had also lost €7,080 in rent.

Garda Connolly said it was his personal view that if it were not for the quick response by the fire services, more properties could have been damaged.

In mitigation, Anthony Sammon, SC, for Mr Malik, said the crime was “committed in an alcoholic fury caused by marital breakdown”.

He said his client was Polish and had already served one year in custody during which time, Mr Sammon said, he had received no assistance from the State.

For instance, Mr Malik had not been told there was a gym in the prison, and this facility was of such importance for physical and mental health for a person who was incarcerated. His client had only heard of its existence through his solicitor.

“He has not received one ounce of assistance,” said Mr Sammon, who said Mr Malik had made an attempt to self-harm.

“Nothing has been offered to this man. No one should be told they have no hope, especially one who wishes to deal with his addiction,” said counsel.

Mr Sammon said that Mr Malik had been in custody for one year during which time "not one hand of friendship had been offered to him by the State, and he was a citizen of the European Union".

Mr Sammon said that incarceration for a non-national was difficult, “and certainly for a person who has an inability to engage” and for whom the State had said it was not able to offer any further intervention.

Counsel said what had happened had been an "abrogation of the functions" of services

Mr Sammon said that he, personally, was upset by this.

He urged the judge to ask the services to see what they can do for his client, a Polish person who had difficulties in his life and his linguistic ability.

Passing sentence, Judge Quinn said that Mr Malik’s lack of English meant he had no ability to communicate and integrate and was isolated in prison.

However, he said that many non-nationals had become "as Irish as the Irish themselves" and learned to speak English fluently.

He noted that Mr Malik suffered from alcohol abuse and didn't propose to drink again, but his probation officer had said that this may not be the reality.

He jailed Mr Malik for three-and-a-half years, with the final year suspended for one year on Malik entering a bond of €200.

He backdated the sentence to when Mr Malik was taken into custody.

He jailed Mr Malik for 18 months for criminal damage.

The sentences are to run concurrent.

Judge Quinn ordered that Mr Malik stay away from his family unless contacted by them and to keep the peace for one year on his release.