The case is to go before the Circuit Court.
A 39-year old man has appeared in court charged in connection with giving false or misleading evidence in a personal injuries action.
In the case before Ennis District Court, Detective Garda Colm Moriarty of Shannon Garda Station confirmed that the complainant in the prosecution against Emilian Jaskowiak is an insurance company.
After reading the text of the charge against Mr Jaskowiak of Carrowmeer, Newmarket-on-Fergus, Co Clare, Judge Alec Gabbett remarked “extraordinary, but mind you, the Mid-West is one of the busiest areas in the country for personal injury actions”.
He said, “It must be the first prosecution of its kind in this District”.
Judge Gabbett said that the State case against Mr Jaskowiak is that “he said that something happened and it didn’t happen at all yet he filed a personal injury claim alleging it happened and he is being prosecuted”.
Det Moriarty said, “Yes, that is what is alleged Judge”.
Det Moriarty said that as part of his personal injury claim, it will be alleged that Mr Jaskowiak signed an affidavit.
Det Moriarty said that Gardaí have carried out their own investigation into the alleged incident at the centre of the personal injury action.
Solicitor, John Casey for the accused said that the charge “is to be fully contested”.
In the case, Mr Jaskoqiak is charged with on May 5th 2023 at a location within the State of giving false or misleading evidence in a personal injuries action contrary to Section 25 of the Civil Liability & Courts Act 2004.
Det Garda Moriarty said that the DPP has directed that the case be heard before the District Court on a plea of guilty only.
Judge Gabbett said that with Mr Casey stating that the case is to be fully contested, the case will now go forward to the circuit court.
The transfer of the case to the Circuit Court increases the range of penalties open to the court on conviction.
In the District Court, those convicted of an offence under Section 25 of the Civil Liability and Courts Act face a sanction of up to twelve months in prison and in the Circuit Court those convicted can face prison terms up to 10 years in prison.
Judge Gabbett adjourned the case to October 8th for the serving of a Book of Evidence on Mr Jaskoqiak for the case to go forward to the circuit court.
