BMW owner fined over failure to give gardaí information about driver involved in assault

Cyclist in Cork was assaulted by two men who jumped out of vehicle following dispute over driving

The two men who assaulted the victim over a cycle lane dispute were never identified or prosecuted.

A cyclist returning home from a soccer match in Cork was assaulted by two men who jumped out of a BMW after the young man tapped on the car for cutting across him on a cycle lane.

The two men who assaulted him were never identified or prosecuted.

However, the 60-year-old owner of the car, Wieslaw Kowalkowski of Eagle Valley, Wilton, Cork, was prosecuted for failure to give information to An Garda Síochána as required under the Road Traffic Act.

Aoife Buttimer, solicitor, said the Polish national who has been living in Ireland for 17 years was confused when questioned by the gardaí about the incident. She said Mr Kowalkowski had no knowledge of the incident and played no part in it. She said that two other people were also insured to drive the car and that the owner could not tell gardaí who was in the car on the night as he did not know.

Judge John King said to the 60-year-old at Cork District Court: “You say there are two other individuals insured on the car. Gardaí would have been interested in talking to them.

“Your actions were adopted to pervert the course of justice but you have not been charged with that.

“It is only a summary offence (failing to provide information under the Road Traffic Act — maximum fine €2,500) and I will fine you €1,500. It is a duty of every driver to obey the Road Traffic Act.

“If someone is using your vehicle and a guard makes a demand for information, you give the information to the guard. In this case a very serious incident occurred. Someone commented on someone else’s driving by a little tap on the car to complain. I am disqualifying you from driving for two years.

“You are very lucky you were only charged with (failing to give information).” 

The background to the incident was outlined by Inspector Clodagh O’Sullivan: “On August 15, 2022, at South Terrace, Cork, (a 25 year-old man) was cycling home after a soccer match at Turner’s Cross at approximately 9.45pm. While cycling on the bike lane a black BMW car cut in front of him and caused him to stop cycling for his safety.

“The young man tipped the car with his hand to let the driver know that what he had done was dangerous.

“The BMW then drove after him and two occupants got out of the car and shouted at him and assaulted him by punching him numerous times before he got away from them.

“He cycled after the car and got a picture of the registration. He had never seen this car or its occupants before.”