SA judge says Konrad Kosznik’s claim he bought a potentially deadly homemade grenade off Gumtree is ‘implausible’
He says he bought a ‘firecracker’ online for $50 and forgot it was in his backpack as he cycled across the city – but a judge says this man knowingly possessed a lethal homemade bomb in public.
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A man who claims he purchased a potentially lethal homemade grenade from a Gumtree seller, believing it to be a firecracker, cannot be believed, a judge says.
Konrad Kosznik arrived at the District Court on Thursday expecting to be sentenced over the bomb – filled with rock, gravel and 146 nails – he carried in his backpack.
However, Judge Michael Boylan said that if he proceeded to sentence, he would be doing so on the basis of having rejected Kosznik’s claims.
“I don’t accept his claim as to how he acquired the device, nor his claim that he forgot it was in his backpack,” he said.
“I find all of his explanations to be inconsistent and otherwise implausible.”
Kosznik, 36, pleaded guilty to one count of possessing an explosive device in public without lawful excuse.
In June 2019, police stopped him as he rode his bike through Paralowie and discovered a crude explosive device in his backpack.
Kosznik told officers he believed it was a “firecracker”, and that he had purchased it for $50 from a seller on Gumtree who promised it would make “a big bang”.
Explosive experts, however, said the device was more like an improvised hand grenade.
Last week, counsel for Kosznik urged the court to show mercy.
They said their client lacked the intent to harm anyone and would only have set off the device in an empty paddock “just to see how big the bang was”.
Yesterday, Judge Boylan said he was not prepared to sentence Kosznik on that basis.
Instead, he would only pass sentence on the basis Kosznik was in possession of a device that posed a great risk of harm to the community.
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Alex Panousakis, for Kosznik, asked for time to confer with his client and with his instructing solicitor.
After an adjournment, he asked the case be postponed.
“I ask Your Honour not pass sentence upon my client today,” he said.
“Instead, I ask the matter be listed for short, further submissions or perhaps for some evidence to be called.”
He said the prosecution’s paper work did not specify the state the device was in, nor its weight, when it was seized.
“Further statements, from the investigating officer, might be required,” he said.
“In terms of evidence from Kosznik, I can’t imaging that taking more than an hour.”
Judge Boylan remanded Kosznik on continuing bail.
He ordered Kosznik to face court again next month.