Longford Circuit Court: Suspended prison sentence for ‘a cog’ in an ‘elaborate plan’

A young man who was “a cog” in an “elaborate plan” to legitimise a stolen vehicle received a suspended prison sentence at Longford Circuit Court.

Tomasz Zieba (26) of Derrylynn, Enniskillen, Fermanagh entered a plea of guilty to the charge that on January 8, 2018 he had dishonestly presented a John Deere tractor to an NCT centre knowing that the Vehicle Declaration Form was false.

At the time of the offence the defendant was a staff member at the John Alex Kane's motor dealers Rathchronin Motors. A charge of forgery was entered as a nolle prosequi by the State.

Garda Brendan Lynn outlined details of the case to the court. Gardaí carried out enquiries at a property known as Rathcronan Motors Ltd following an anonymous call to a Garda hotline. On foot of this information Garda Eugene O'Sullivan, a specialist officer in the Stolen Motor Vehicle Investigation Unit, commenced his investigation.

A warrant was issued for a search of the Granard business premises which took place on April 25, 2018. In that search a number of documents were seized. Among the documents was a delivery notice to Martin Murphy of Dublin Road, Cavan. The investigating officer was aware this person, and a linked company, did not exist.

Further inquiries led to a NCT test in which Mr Zieba presented a Vehicle Declaration Form in the name of Martin Reilly. The name on the document was that of a man who made inquiries about buying the tractor, but only if it was changed from a yellow UK registration to an Irish registration.

The defendant presented the John Deere tractor to the test centre and presented the document with a forged name of the would be owner. The tractor was stolen in England, but the injured party, Mr Reilly, was reimbursed by Mr Kane.

The defendant gave a voluntary constitution statement, did not exercise his right to silence and cooperated at all times with Gardaí.

In an interview he said he worked in Rathcronin motors for €50 per day, describing himself as “a bit of a mechanic”. He admitted presenting the Vehicle Declaration Form, but denied forging the name on the document.

The court was told Mr Zieba is originally from Poland, but has lived in Ireland since he was 10 years of age. Counsel for the defendant, John Shortt SC, acknowledged the extensive investigation undertaken by Gardaí. Mr Shortt pointed to his client's young age at the time. He described the defendant as “a hard-working, gregarious young man who likes to be busy”.

Handing a number of testimonials into court the barrister said Mr Zieba “should have been more circumspect” in regard to his involvement.

In summing up Judge Kenneth Connolly noted the defendant was 21 at the time, and a lowly paid employee of Rathchronin Motors at the time.

“He was not the principal in the operation, and it appears he made no gain beyond his wages,” the judge noted. Judge Connolly said Mr Zieba was “a cog in a plan to get a vehicle lawfully registered” and his guilty plea was particularly helpful, as a trial would have been very complex.

Judge Connolly commended the defendant on his efforts to get new employment and his co-operation with the Garda investigation. Given the mitigation the judge said he would reduce a two year custodial sentence to one year, and suspend it for a period of two years on condition Mr Zieba enter a bond to be of good behaviour for that time.