'Fake accident' trial: No evidence of major collision, man tells court

A factory security man has told the jury in the 'fake accident' trial at Dublin Circuit Criminal Court that neither saw nor heard any indication of a major collision at the alleged scene.

Mr Ib Thomosen said his security hut was some 20 yards away and if anything significant had happened there before he finished duty, he would have reported it.

It was day three of the trial of two men arising out of what the prosecution has described as "a dramatic accident that never happened" involving four separate vehicles and which led to the Guardian / PMPA (now Axa) paying-out over IR£150,000.

Mr Desmond McGonigle (aged 58), of Knockvicar, Boyle, Co.Roscommon, a retired member of An Garda Siochana, and Mr James Murphy (aged 44), of Main Street, Castlebellingham, Co Louth, a lorry driver, deny involvement in a conspiracy to defraud the Guardian / PMPA by falsely pretending a traffic accident occurred at Annaduff, Carrick-on-Shannon, County Leitrim on January 28, 1996 between a Rover car and a Scania transporter which towed a lowloader carrying a Scania tractor unit and a Hyster forklift..

The jury has been told the accused are alleged to have conspired among others with businessman Mr Michael Byrne of Sligo Road, Longford; Mr Michael McDonald, Riverstown, Dundalk, a director of Portfleet Ltd, owners of the Scania, driven by Mr Murphy; and taximan Mr Jeremiah O'Donovan, of Fairview Place, Birr, County Offaly who drove the Rover.

Mr Hugh Faughnan, a Leitrim County Council roads overseer, said ex-Gda McGonigle said nothing about an articulated truck going down an embankment. He saw diesel oil on the road which he and another employee gritted.

Mr Faughnan told prosecuting counsel, Mr George Birmingham SC, that in his experience it could take five hours to straighten out a lorry which had jackknifed on the road. He checked the accident scene the next day to make sure it was all right but saw no tracks or marks on the road.

He agreed with Ms Mary Ellen Ring SC, for Mr Murphy, that he saw bits of glass and other debris such as portions of a bumper and wing mirrors at the scene.

Mr Faughnan told Mr Sean Gillane BL (with Mr Peter Finlay SC), for Mr McGonigle, that he saw a dark-coloured new Rover car at the scene. He didn't take the registration number because if he needed it he would have got it from the gardaí.

Mr Brian Mahon, who works with Mr Faughnan, said he saw no sign of vehicles at the scene. He rubbed oil from the road on his hand and it smelt of diesel. He put one tonne of sand and salt grit on about 120 yards of the road.

The next morning he saw marks along the side of the road and also noticed pieces of glass and such debris as might come from an accident.

The hearing continues before Judge Joseph Matthews and a jury of five women and seven men.