Ac­cused asked garda: Do you know what a petrol bomb is?

Irish Examiner - - News - Noel Baker

A man fac­ing court yes­ter­day on a driv­ing while dis­qual­i­fied charge met a garda ear­lier this week, and said: “Do you know what a petrol bomb is? You will know what a petrol bomb is.”

Ivars Mizans, from West Green, Dun­man­way, West Cork, was ar­rested on Tues­day last near Clon­akilty Court­house on a charge of be­ing in­tox­i­cated to the ex­tent that he was a dan­ger to him­self or oth­ers.

Garda Kevin Kennedy yes­ter­day told Judge James McNulty that Mizans made the “petrol bomb” re­mark to the of­fi­cer.

Mizans, it emerged, had been due to ap­pear in court yes­ter­day in re­la­tion to sep­a­rate charges re­lat­ing to Fe­bru­ary 20. Bantry District Court was told gar­daí on pa­trol in Dun­man­way had been aware Mizans was dis­qual­i­fied from driv­ing when spot­ted driv­ing a VW Pas­sat. When stopped, he had no in­sur­ance and no driv­ing li­cence and the car was sub­se­quently seized.

Yes­ter­day, he was jailed for five months and banned from driv­ing for eight years.

His solic­i­tor Co­lette McCarthy said, that last Tues­day her client “knew what he was fac­ing” in re­la­tion to the charges from Fe­bru­ary and, with a friend, went for a drink.

Mizans, aged 38, had in Fe­bru­ary been driv­ing a friend to hos­pi­tal when de­tected while dis­qual­i­fied. Ms McCarthy said he was a val­ued em­ployee at a garage in Dun­man­way, where he worked part-time.

He had 28 pre­vi­ous con­vic­tions, mainly be­tween 2003 and 2008. How­ever, the court heard he had five pre­vi­ous con­vic­tions for driv­ing with no in­sur­ance.

A year ago, the cir­cuit court sus­pended a five­month jail sen­tence for a pre­vi­ous in­stance of driv­ing with no in­sur­ance.

Judge McNulty yes­ter­day said Mizans had made “a very big mis­take”.

He was given con­cur­rent sen­tences of five months in prison for driv­ing with no in­sur­ance and driv­ing while dis­qual­i­fied. He also re­ceived two eight-year driv­ing dis­qual­i­fi­ca­tions.

Ms McCarthy said the de­fen­dant’s em­ploy­ers would go surety for him in the event of an ap­peal. The judge said Mizans had “poor prospects on ap­peal” and sug­gested any ap­peal was buy­ing him time, and for his em­ploy­ers buy­ing his ser­vices.

He re­ferred to a pre­vi­ous con­vic­tion in which Mizans was driv­ing while unin­sured and struck a pedes­trian. “This man is clearly law­less and to­tally con­temp­tu­ous of Ir­ish law and other peo­ple that he en­coun­ters.”

Any ap­peal, he said, would re­quire an in­de­pen­dent surety of €10,000, all cash and up front.

He was fined €300 on the drunk­en­ness charge.

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