Man with 15 convictions awaits sentencing after using false driving licence

A man has been remanded on bail for sentencing until June 3, after pleading guilty at Donegal District Court to various offences, including using a false Ukrainian driving licence.

Nazarii Marchenko, 29, of Donegal Town, will have a probation welfare report prepared, including his suitability for community service.

Marchenko pleaded guilty to all offences on December 29, 2024, at Mullans, Donegal Town, contrary to Section 26 of the Criminal Justice (Theft and Fraud Offences) Act 2001, as well as driving without insurance, driving without holding a valid driving licence, and failure to produce. 

It was found that Marchenko used a non-genuine Ukrainian driving licence, with the intention of inducing another person to accept it as genuine.

In the same incident, Marchenko also pleaded guilty to a charge of using a vehicle while the front left pneumatic tyre was exposed in Contravention of Article 55(e) of the Road Traffic Act (Construction and Use of Vehicles) Regulations 2003.

A separate insurance offence occurred, contrary to Section 56 (1)&(3) of the Road Traffic Act 1961, as amended by Section 18 of the Road Traffic Act, 2006, on September 22, 2024, at Donegal Road, Corporation, Killybegs.

At Ballyshannon Courthouse, Judge Éiteáin Cunningham told Marchenko he had the right to be tried before a Circuit Court before a judge or jury, or before the District Court, of which Marchenko chose the latter option.

Judge Cunningham also asked Inspector Mick Doherty if Marchenko had committed these offences whilst serving a driving disqualification, after the Court had heard that Marchenko had 15 previous convictions. 

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Marchenko’s solicitor, Rory O’Brien, said: “Mr Marchenko can not be put into the bracket of a first-time offence, but he has put in a guilty plea.

“He has accepted his wrongdoing. He has cooperated fully. He has admitted he has been wrong and was foolish and stupid, and has put himself at significant risk with the court.

“He is a 29-year-old man who hails from Ukraine. His parents are deceased. In this period, he was not working and obviously engaged in the wrong type of behaviour. 

“Recently, he has taken a position locally. He was interviewed and held for that role. His employer thinks he will be good for that. 

“What I would suggest, urge, on behalf of my client if the court would avoid the duality effect of disqualification.”

Judge Cunningham responded: “He went to the aggravating factor in engaging in the fact of false instruments presented.” 

O’Brien then stated: “If the court is minded in any aspect custodial, I would suggest it would be suspended to give Mr Marchenko that last chance, or a community service aspect. He is a young and fit man after engaging in that type of work.”

Judge Cunningham concluded: “He is very much still a risk. He has been driving whilst disqualified. I think these are very serious incidents. What I am going to do is consider a community sanction. I have indicated these offences warrant custodial sentencing and a significant time of disqualification.

“I am going to remand a continued bail for sentencing. He must not drive during that disqualification period.”

Upon leaving the courtroom, Marchenko said: “I am sorry. Thank you, Judge.”