Suspended jail terms for staging accidents

Bogus insurance claims and staged traffic accidents poison the atmosphere for valid claims as well as tying up gardaí and ambulance services to bolster the frauds, the sentencing judge said yesterday.

Judge David Riordan imposed suspended jail terms and community service orders on 11 defendants and said: “As the ad says, they are taking money out of your pocket. Offences such as these have a corrosive effect on genuine claims.”

The 11 defendants all pleaded guilty to counts of deception by making fraudulent claims of insurance companies and false reports in relation to traffic accidents. The charges resulted from a garda investigation, code-named Operation Nascar, co-ordinated by the Organised Crime Unit at Anglesea St Garda Station.

Garda Emmet Daly described the staged accident that occurred at Monastery Hill, Rochestown, Cork, on December 6, 2011. Covert gardaí videoed the incident and it was shown in court yesterday. After one car drove deliberately into the back of the other one man at the scene was heard directing the driver of the second car to reverse and crash a second time to cause more damage. The car was seen reversing a few metres after the first impact and then crashing a second time.

Tomas Hayes, aged 31, of 16 James St, Cashel in Tipperary, was paid €3,100 from other parties involved in the scam. Hayes got a two-year suspended sentence and 190 hours’ community service in lieu of an 18-month jail term. He was disqualified from driving for eight months from October 1.

Maciej Lukianiuk, aged 28, of 10 The Cotswolds in Midleton, received €11,500 in his insurance claim and was told to repay the remaining €8,100. He got a two-and-a-half-year suspended sentence and 190 hours’ community service instead of 18 months’ prison.

Rory Hannaway, aged 29, of 42 Bonnóg in Midleton got €10,500 from an insurance company and must repay the outstanding balance of €7,400. He got three years suspended and 190 hours’ community work instead of 18 months’ prison.

Sgt Noel Madden said the accident at Carrigane in Mitchelstown at 8.30pm on August 28, 2012, was also filmed by covert gardaí. Three women were seen getting out of a car and hiding in a ditch. The car was then hit from behind by another car and the three women ran back into the first car and it then got a second bash.

Selena Sexton, aged 39, of 118 Blackwater Heights, Youghal got a suspended 18-month sentence and 190 hours’ community service instead of an 18-month term. Dawn Philpott, aged 35, of Main St, Ballynoe, Co Cork, got the same. Jenny Moloney, aged 50, of Ardragh Crescent, Youghal, was given two 18-month suspended jail terms following evidence it would not be possible for her to do community service.

Dana Duggan, aged 34, of 6 College Gardens, College Manor, Cobh, was the driver of the car damaged and was paid €3,100 for damage to her car but she repaid a greater figure to the insurer. She got an 18-month suspended sentence and 180 hours of community service instead of another 18-month sentence.

The judge said the plea of guilty from Peter Fitzpatrick, aged 37, 112 Glencullen, in Fermoy, had to be seen in the context of the video shown to the court. He got an 18-month suspended sentence with 200 hours community service instead of a second 18-month sentence and was disqualified from driving for 10 months.

Garda Daly said the third fake accident occurred at Clyda Bridge, Mallow, on September 26, 2012.

All three got suspended jail terms of 18 months and 190 hours of community service and were told to repay outstanding amounts. They were: Damian O’Driscoll, aged 22, of 13 Connolly Avenue, Mallow, Co Cork; Elizabeth O’Driscoll, aged 32, of 110 Woodview Drive, Mallow; and Matthew Kamara, aged 37, of 6 The Kilns, Midleton, and also with an address at Military Hill, who received €4,000 from an insurance company and was ordered to repay that.