Kilkenny court hands down suspended sentence for wasting garda time

A man who lied and told gardaí the van he was driving had been hijacked was convicted of wasting garda time at Kilkenny Circuit Court.

Mark Curran, 73 Friar’s Green, Tullow Road, Carlow appeared before Judge John Martin for sentencing for the offence which took place on December 21, 2021,

Detective Garda Edward Laffan told the court that on the date in question the defendant attended at Kilkenny Garda Station with a co-accused Krzysztof Kmit, who had an address at 118 Robertshill, Kilkenny at the time.

Mr Curran alleged to gardaí that the courier van he was driving had been hijacked by a number of individuals and gardaí conducted an investigation into the allegation. Gardaí attended the scene where the van had been found crashed and with no occupants inside the vehicle. Six gardaí and 18 fire officers attended the scene. A search of the surrounding hedgerows took place.

Det Sgt Laffan told the court that the van had been extensively damaged and was upturned in the hedgerow and that the vehicle was crashed along a main route.

A number of photographs were handed into the court.

Emergency services searched the area, using floodlights following the report on the night in question that two people had hijacked the vehicle.

“A detailed search took place for the people who hijacked the van and an appeal went out in the local media,” the detective garda told the court.

On December 28, 2021 Krzysztof Kmit attended the garda station and made a statement which said that he met Mark Curran on the night of the alleged hijacking and that he gave him a lift to Kilkenny Garda Station.

CCTV footage secured from along the route showed the two men had met before the crash at a petrol station and another portion of the CCTV showed one vehicle overtaking the other vehicle earlier in the evening.

Curran and Kmit was arrested and interviewed by gardaí and both men were charged, Curran was charged with wasting police time and Curran was charged with concealing an offence.

Defence barrister, Adrian O’Higgins said that his client, Krzysztof Kmit has not come to garda attention since the incident. He is a married father of two and is originally from Poland and moved to Kilkenny in 2006.

Defence barrister, Sarah Jane Comerford said that her client, Mark Curran had undergone treatment for substance abuse following the incident and continues to engage with Cuan Mhuire.

In sentencing Mark Curran, Judge John Martin remarked that the offence before the court was ‘a serious offence’.

“Garda and fire officers time is valuable. A lot of people need their time and they don’t need you wasting it,” he said.

“This was an ongoing, drawn out waste of time that went on not only that night but for weeks after. Gardaí went along the route harvesting CCTV,” he said adding that when results showed the DNA found on the airbag of the crashed vehicle matched that of the defendant, Mark Curran told gardaí that it might have been transferred onto the airbag by one of the fireofficers which led to a further investigation.

“The offending is at the higher end of the scale,” he said adding that he appreciated that the defendant was ‘otherwise a decent person’ who has undertaken ‘significant efforts to rehabilitate yourself’.

The case had been previously adjourned for sentencing to allow for the defendant to continue his treatment.

“I gave you an opportunity and it appears that you have taken it,” added the judge.

Judge Martin added that there were also a number of aggravating factors in the case and said that the offence before the court was ‘a prolonged and utter waste of garda time and resources. You had numerous opportunities to go in (to the garda station) and fess up. The judge also pointed out that when the DNA results showed the DNA on the airbag belonged to the defendant

Curran had tried to say that someone other than himself had transferred the DNA there.

The mitigating factors before the court included the fact that the defendant had undergone rehab and aftercare and has turned his life around.

The judge imposed a two year sentence which he suspended on the condition that the defendant carry out 240 hours of work in the community under the supervision of the Probation Services and that he remain linked in with the rehab and aftercare services and that he be of good behaviour and keep the peace for a period of two years . The judge also directed that €5,000 be paid over by the defendant and be split between the Garda Benevolent Fund and an equivalent type fund in the Fire Services if such a fund exists.

In sentencing Krzysztof Kmit Judge Martin said that a number of letters were handed into the court which speak positively about Mr Kmit. Judge Martin added that the probation report before the court was also positive,

“By you concealing an offence this led to time wasting and a waste of resources. You were part and parcel of Mr Curran’s great scheme. You had six days (between the date of the incident and the date of the statement) to reflect on what happened but you went into the garda station and made a statement to bolster your friend’s story about ‘an elaborate ploy of hijacking’.

“You told gardaí a cock and bull story that you had come upon an accident and that a car had been hijacked. That was total bull,” said the judge.

Judge Martin convicted Kmit of concealing an offence and imposed a nine month sentence which he suspended in full.

“I don’t think anyone including yourself would benefit from me imposing a custodial sentence” he said.

The judge also ordered that €2,5000 be paid over to the Garda Benevolent Fund and that the defendant enter a bond to keep the peace and be of good behaviour for 12 months.