A retired garda who had been acquitted on two charges of stealing cars from the official compound of which he was in charge, has received a two-year suspended sentence for forging documents in relation to one of the cars.
John Mulvihill (54), Cherryvalley, Rathmolyon, Co Meath, was convicted by a Dublin Circuit Criminal Court jury in January of forging a document purporting to be a replacement document and a document purporting to be a sworn declaration between May 12th and June 30th, 2002.
The jury found him not guilty of stealing a Mitsubishi Colt, valued at €2,500, between May 12th and June 30th, 2002, and a Ford Transit van, valued €11,500, between December 2nd, 2002, and February 28th, 2003, from the Store Street compound.
Mulvihill joined the Garda in 1972 and retired as a sergeant in March 2003 with an exemplary record. He was in charge of the confiscated cars compound at Store Street Garda station.
Judge Frank O'Donnell said it was "almost inevitable" considering the management structure at the compound that such a mistake was made. He described it as "not only a silly but a ridiculous system that seemed to be operated on the hoof".
He accepted it was a "genuine mistake" where Mulvihill had allowed a confiscated car to be taken from the compound before the rightful owner, Tajmal Hussain, retrieved it and then gave Mr Hussain an alternative vehicle, a Mitsubishi Colt. Mulvihill then forged Mr Hussain's signature and that of a peace commissioner on a sworn declaration to allow him to become the registered owner. He also forged Mr Hussain's signature on an application for replacement documents.
Judge O'Donnell said he had sympathy for Mulvihill considering the absence of an adequate management system, but said it did not in any way excuse his behaviour, which he described as a "gross breach of trust".
His action "undermines the whole system of trust and generates a disregard for procedures in business in Irish society".
Mulvihill was sentenced to two years in prison which were suspended on condition that he keep the peace and be of good behaviour for three years. Judge O'Donnell said he had to mark the seriousness of the offence as a lesson to others who might be tempted to commit a similar crime.
Det Insp Pat Lordan told Seán Gillane, prosecuting, that Mr Hussain went to the compound to collect his car which was confiscated because he was driving without insurance. His own car was not there and Mulvihill gave him a Mitsubishi Colt instead.
Det Insp Lordan said that Mulvihill admitted to forging the documents in a subsequent Garda investigation.
He agreed that Mulvihill knowingly forged the documents "to cover up a mess" that had started in the compound of which he was in charge. He accepted that he did not financially or materially benefit from the offence.
Breffni Gordon, defending, said Mulvihill had admitted to forging the documents and had co-operated with the investigation in relation to them. He had no previous convictions and had an exemplary record of 32 years service to the State.