Man paid stg£10k for badly damaged truck, court hears

A man who gave a false address paid Stg£10,000 cash in Northern Ireland currency to buy a badly damaged Scania truck from an English salvage company.

The jury in the Ir£151,000 insurance fraud conspiracy trial heard evidence on day seven at Dublin Circuit Criminal Court from English witnesses about this unit and another crashed Scania unit.

Mr Desmond McGonigle (aged 58), of Knockvicar, Boyle, Co Roscommon, and Mr James Murphy (aged 44), a lorry driver, of Main Street, Castlebellingham, Co Louth deny involvement in a conspiracy to defraud the Guardian/PMPA (now Axa) by falsely pretending a traffic accident occurred at Annaduff, Carrick-on-Shannon, Co Leitrim on January 28, 1996.

The prosecution has described it as "a dramatic accident that never happened" between a Rover car and a Scania truck 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 together and with others, including businessman Mr Michael Byrne of Sligo Road, Longford; Mr Michael McDonald, Riverstown, Dundalk, a director of Portfleet Ltd, owners of the Scania transporter, driven by Mr Murphy; and Mr Jeremiah O’Donovan, of Fairview Terrace, Birr, who was the Rover driver.

Mr Philip Hill told prosecuting counsel, Mr George Birmingham SC, he bought a badly damaged Scania 143 from National Farmers Union Insurance for Stg £7,300, and picked it up from Churchfarm at Northrunction, Norfolk. Its then registration number was L338ULG.

A man who called himself "Mr M Grady" who gave an address at Derrintonny, Scotstown, Co Monaghan, paid him Stg£10,000 cash for it on July 18, 1995 and called with two other men some three weeks later with a Volvo tractor unit to collect it.

Mr Hill agreed with Ms Mary Ellen Ring SC (with Ms Caroline Cummings BL), for Mr Murphy, that this unit was sold by him as one which was expected to be put back on the road.

Sergeant James Balfe told Mr Birmingham (with Mr Sean Guerin BL) he was based in Scotstown for 24 years and there were only three houses in Derrintonny townland. He said nobody with the name "Grady" had ever resided in Derrintonny.

Mr Leslie Alan Wright, a staff engineer and assessor with NFU Insurance told Mr Birmingham he had examined a Scania tractor unit at Churchfarm in May 1994 and found it was so badly damaged to be beyond economical repair. He assessed it as having Stg£5,000 salvage value.

Mr Wright said he tended to believe that a ‘Portfleet’ Scania vehicle in a photograph presented to him in court was identical to the Scania he examined and photographed at Churchfarm.

Mr Wright agreed with Ms Ring he also saw some differences as well as similarities in them. There seemed to be more damage in the Portfleet Scania which he didn’t get to see physically.

Mr Trevor Savage of Savage Motors, Weston-super-Mare, Somerset, said a Scania truck, registered number L735MWU, was towed in to this garage after an accident on the English M5 and he was asked by Eagle Star to prepare an estimate for repair.

The company then found out that the driver, the owner’s son, was not insured to drive it and lost interest in it. This unit was collected from his premises some weeks later, on August 5, 1995, by another firm, John T Fernihough.

Mr Savage said this vehicle was far more severely damaged than one in a photograph shown him.

Earlier, Sergeant John O’Donnell told Mr Birmingham he prepared the January 28, 1996 duty roster for gardaí at Carrick-on-Shannon and Mr McGonigle had himself put his own name down as patrol car driver on the 4pm - midnight shift.

Sgt O’Donnell said Mr McGonigle would have been entitled to an early shift that day but it was common enough for members to change shifts for personal reasons and be facilitated.

Sgt O’Donnell agreed with Mr Peter Finlay SC (with Mr Sean Gillane BL), for Mr McGonigle, that it would be nothing suspicious or particularly questionable about members changing shifts. It was perfectly capable of ordinary explanation.

Garda Kevin Simpson said that as station orderly he dispatched Mr McGonigle to Annaduff after he got a telephone call at 6.50pm from a male to say there was a traffic accident in which one vehicle skidded off the road. The caller didn’t give his name.

Gda Simpson said he also contacted Leitrim County Council to deal with reported oil on the road but he neither got any report back from Mr McGonigle about the number of vehicles involved nor any request from him for towing equipment to be sent.

Witness agreed with Ms Ring (for Mr Murphy) that all he recorded in the "occurrences book" was that a traffic accident had happened at Annaduff and there was oil on the road. There was nothing about one car or trucks or anything else.

Gda Simpson told Mr Finlay (for Mr McGonigle) he didn’t recognise the voice of the male caller as being Mr McGonigle but it could have been him. He recollected being told there was one car involved but couldn’t remember getting a call from Mr McGonigle about an oil spillage.

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