Invoices were not from me, businessman tells fraud trial

A Mullingar businessman has told an alleged Ir£151,000 insurance fraud conspiracy trial that invoices purporting to come from him were spurious documents and had not been signed by him.

The jury at Dublin Circuit Criminal Court has heard the invoices were used in insurance claims arising out of what the prosecution claims was "a dramatic accident that never happened" between a Rover car and a Scania truck which towed a lowloader carrying tractor unit and a forklift.

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 both 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 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 Joseph Sheridan told Mr George Birmingham SC, prosecuting, he was managing director lof M&S Plant Sales Ltd in 1996.

His main role was buying plant and machinery in Asia for M&S. He said he was not involved "hands-on" in the day-to-day activity and only visited the yard at Goshen Cross, Edworthstown which was leased from his then partner, Mr Al Manning, who was also then involved in contracting.

Mr Sheridan confirmed to Mr Birmingham (with Mr Sean Guerin BL) that invoices for alleged hire of two Scania tractor units, a lowloader and a forklift were not on official M&S notepaper and the purported signature, "J Sheridan", was not written by him.

He said the company didn't hire out any of these items, nor carry out repair work on a lowloader and he hadn't prepared a purported estimate in respect of a forklift.

He also had no knowledge of M&S being involved in recovering vehicles by towing from Annaduff.

Mr Sheridan said he kept the company records at that time at his home in Mullingar and none of the alleged transactions happened.

He passed on these records when the company was bought out. He added he had not seen a Scania truck, in a photograph produced in court, at the yard.

Mr Sheridan told Ms Mary Ellen Ring SC for Mr Murphy, he was unaware that Mr Michael Cantwell of PMPA had met Mr Manning at the yard nor that Manning Brothers Contractors Ltd paid the motor tax on a Scania, on July 1, 1996 as well as the arrears from January.

Mr Brian O'Sullivan, a Customs and Excise officer based in Monaghan, told Mr Birmingham that a man calling himself John Darby with an address at 275 Greenacres, Dundalk presented a Scania 143 for import from England on January 20, 1995.

"Mr Darby" had the correct English documents and the chassis number corresponded to that on the truck. It was given an Irish registration number.

There was no crash damage evident to witness. Mr O'Sullivan said the owner's name was given on the forms as "James O'Brien" claiming an address at 55 Carrigwood, Firhouse, Dublin 24.

Ms Marie Barrett told the jury she lived since 1988 at 55 Carrigwood, Firhouse, Dublin 24 and nobody by the name of "James O'Brien" ever resided there.

Detective Inspector James Sheridan told the jury there was no such address as 275 Greenacres, Dundalk.

He knew the accused, Mr Murphy, had lived at Station Road, Castlebellingham and at Strand Road, Annagassan, Co Louth and was a driver for Portfleet Ltd which was owned by Michael McDonald, Rathcor, Riverstown. Co Louth.

Mr Tony Griffin said in 1996 he had responsibility for registering imported vehicles in the Revenue Commissioners office in Dundalk.

Michael McDonald came to the office on January 18, 1996 to register an imported Scania truck.

Witness noted there was substantial damage on it that left it unroadworthy. Mr Griffin added that an application for a replacement vehicle registration certificate for this vehicle was made by Michael Byrne, for Portfleet Ltd, Castle House, Castle Street, Mullingar on February 2, 1996 on the grounds that the original certificate had been lost.

Mr Frank Nugent, retired motor taxation officer in Mullingar, said the 94 D 39447 Scania was taxed by Manning Brothers Contractors Ltd, Ballagh, Newtownforbes, Co Longford from July 1, 1996 and arrears from January 1996 were paid.

Mr Liam Davis said he was involved in the meat slaughter and export business through Davis Meats Ltd, Green Pasture Meat Processors Ltd and Osbourne and Company Ltd, which he said he formed in mid-1995 to carry out transport for Green Pasture.

Mr Davis said he purchased a green Scania tractor unit, 94 D 39284, from Michael Byrne Motors Ltd, Longford in October 1995 for Osbourne and Co Ltd.

He already owned a white Scania unit, since 1993 and it was put into the name of Green Pasture Meat Processors in 1997.

For economic reasons they later decided to dispose of the green Scania, 94 D 39284, because they found it was cheaper to use other hauliers for their transport. Mr McDonald from Dundalk expressed an interest in it and took it on a trial basis in late 1996 or early 1997.

Mr Davis said the white Scania, suffered some body and chassis damage after it overturned into a ditch when drawing clay. Repairs were carried out.

Mr Al Manning borrowed both Scanias from time to time for his contracting business. Mr Davis agreed with Ms Ring (with Ms Caroline Cummings BL) that the white Scania could have been taken to the M&S Plant Sales yard for repair.

He added that Mr Manning wouldn't have had 94 D 39284 for more than a month at any time. Mr Anthony Rogers told the jury he was a driver for some 18 years with Manning Brothers and drove 87 LD 839 in 1996.

He never worked for Portfleet and never heard of this company before. Ms Maura O'Donoghue, Companies Registration Office, said Portfleet Ltd was incorporated on June 27, 1995 with Mr Murphy, the accused, and Mr Michael McDonald of 44 Cabra Park, Cabra, Dublin 7 as directors.

Thomas Madden, solicitor, told Mr Birmingham, he received instructions from Mr McDonald to institute legal proceedings for claims on behalf of Portfleet Ltd arising out of the alleged accident.

He had formed the view from the start that the claim was "problematic" in terms of liability and it wasn't clear to him that Portfleet would win the case.

Mr Madden identified letters he wrote, including one with a transcript purporting to be a conversation recorded by a private investigator with Mr Jeremiah O'Donovan.

This had been commissioned by Portfleet and not by him. Mr Madden said the Portfleet case was settled for Ir£101,000 in addition to other sums for losses on hiring replacement equipment based on invoices furnished from M&S Plant Sales.

He also included an invoice for £748 from XJS Ltd, the private investigation company which he didn't think was recoverable from the insurance company and would have to be covered by Portfleet itself who had commissioned it.

Judge Joseph Matthews noted that £748 was about the equivalent of US $1000. "Jim Rockford charges that in the Rockford Files so it must be about right", he said to laughter in court.

Mr Madden told Mr Birmingham he also acted for Mr Murphy in relation to his personal injuries claim which was settled for £18,000.

Mr Madden told Ms Ring that Mr Murphy "wasn't an enthusiastic litigant" in that he didn't continually demand to know how his claim was progressing. None of the Portfleet claim money went to Mr Murphy.

Mr Patrick Murphy said he was an accountant at Castle House, Castle Street, Mullingar. He purchased a shelf company called Portfleet Ltd on the instructions of Mr Michael Byrne of Longford but didn't know until later that it was for use in a haulage business.

Mr Murphy said that Mr McDonald and Mr Murphy (accused) were registered as the directors but the latter wrote to him about mid-1997 resigning because he was no longer involved with Portfleet.

Witness said he did some accountancy work in relation to VAT and tax later for Mr Murphy (accused) when he set himself up as a self-employed haulage contractor.

He didn't recall accused telling him he was out of work at the time he resigned his directorship of Portfleet. Mr Tony Keenan, Bank of Ireland, said Mr Murphy (accused) had an account in the Longford branch to which a cheque for £15,000 was lodged on January 7, 1997.

Mr Murphy asked for a bank draft for £14,000 and £1,000 cash. Mr Colman Rush said he was manager of the Bank of Ireland, Park Street, Dundalk where Mr Murphy (accused) had a joint account with Ms Jacqueline Carroll.

The balance on December 30, 1996 was £262.89 and £14,000 was lodged to the account on January 8, 1997 in the form of a bank draft issued by Bank of Ireland, Longford.

Mr Rush agreed with Ms Ring (for Mr Murphy) that no special account was set up for the £14,000 lodgment and it was not drawn down in any way different than previously in the account.

Mr Jimmy Burns, Motor Taxation officer, Dundalk, said a full driving licence was issued to Mr Murphy in 1996, valid to 2007.

Mr Burns agreed with Ms Ring that her client had a full driving licence prior to that but it was outside the State.

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