28 May 2022

Longford judge ‘reluctantly’ suspends jail sentence for man with false licence

Longford judge ‘reluctantly’ suspends jail sentence for man with false licence

A Longford District Court judge has “reluctantly” suspended a five month prison sentence she handed down to a man charged with producing a false document and for driving without insurance.

Dawid Rosada, 72 Cartron Breac, Longford, appeared before Judge Marie Keane at last week’s sitting of Longford District Court.

Sgt Mark Mahon explained that Mr Rosada was stopped in Clondra by Garda Paul Stuart on February 28, 2019 at approximately 7.30pm and produced a Polish licence.

“Gda Stuart noticed flaws in the licence and seized it. An examination was carried out and it was found not to be genuine,” said Sgt Mahon.

On May 20, 2020, Mr Rosada was again stopped in Lisbrack, Longford, by Gda Stuart. He was asked again for his licence and Gda Stuart was satisfied that the licence provided was false.

Mr Rosada has three previous convictions, two of which were for no insurance.

“So what happened in February 2019 is his third no insurance and May 2020 is his fourth no insurance,” said Judge Keane.

Solicitor for the defence, Frank Gearty, explained that his client was unaware when acquiring the licence that it wasn’t genuine.

“He believed it was a real licence. He purchased it in Poland and thought it was real,” he explained, “but the situation is, it’s clear the licence is false and he’s been made a fool of.”

“Sorry, where do you buy a licence in Poland? Do you not have to do a test?” asked Judge Keane.

Mr Gearty admitted that a test does need to be taken in Poland, similar to Ireland.

“If he bought it, how could he believe it was valid if he knew he had to do a test?” asked Judge Keane.

Mr Gearty acceded that this was “a totally valid point”.

“So he knew he was going around since at least 2018 with a false licence,” said Judge Keane.

Mr Gearty explained that his client works in Dublin but gets a lift to work rather than driving himself. He also told Judge Keane that, since the offence occurred, Mr Rosada has not come to the attention of Gardaí.

He also explained that Mr Rosada had insurance at the time but the issue was that the false licence “invalidated everything”.

“Clearly it was very serious. But he’s good at turning up to court. He’s very helpful and a steadying influence to his brother who has psychiatric issues and is very familiar to the court,” he said.

Judge Keane noted a guilty plea but stressed the seriousness of the fact that Mr Rosada had previous convictions for no insurance.

“For the April offence, I’m convicting and sentencing him to five months, which I will reluctantly suspend on his own bond for a period of two years. I’m also disqualifying him for ten years,” she said.

She took into consideration the no insurance offence for December but fined Mr Rosada €300 with three months to pay for producing a false licence.

“I’m satisfied he knew full well he was going around with a false licence and was endeavouring to defraud the Gardaí and this court,” she concluded.

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