Gardaí found stolen transporter, court hears

Gardaí discovered a Irl £63,000-valued Scania transporter, which had been stolen in 1994 from a Customs and Excise pound at Rosslare Port, when they searched a north Co Louth premises in 1998.

Gardaí discovered a £63,000-valued Scania transporter, which had been stolen in 1994 from a Customs and Excise pound at Rosslare Port, when they searched a north Co Louth premises in 1998.

The jury in the £151,000 alleged insurance fraud conspiracy trial of two men at Dublin Circuit Criminal Court was told the truck had been seized by the Customs officers and following litigation was ordered to be forfeited to the State.

The jury also heard that a garda expert used a special process to recover the original chassis number which had been ground off the vehicle and so proved it was the stolen one.

It was day-10 of the trial arising out of what the prosecution claims was "a dramatic accident that never happened" between a Rover car and a Scania tractor unit which towed a lowloader carrying another Scania tractor unit and a Hyster forklift.

Mr Desmond McGonigle (aged 58), a retired garda, 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 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 Proinsias O Maolalaidh, a Customs officer, told Mr George Birmingham SC, prosecuting, that as a result of a white Scania truck with the registration number 94 MO 237 coming to his attention at Rosslare Harbour in 1994 it was seized and ordered by Judge Diarmuid Sheridan on December 16, 1994 at Wexford Circuit Court to be forfeited.

Mr O Maolalaidh said he discovered the vehicle, valued at £63,000, was stolen on the night of April 26, 1995 from the Custom’s pound and reported the theft to the gardaí.

When seized he had recovered keys and documents from the cab. The documents referred to the air heating system and the tachograph. He also took photographs of this vehicle.

Mr O Maolalaidh told Mr Birmingham (with Mr Sean Guerin BL) that in February 1998 he identified a green-coloured Scania, carrying a registration number plate 94 D 39284, at Dundalk Garda Station as being the same vehicle as that seized by him in 1994.

The serial number ‘238466’ on the heating system tallied with that in one of the documents he had recovered from the cab and one of the keys also opened the vehicle’s central storage system. He was satisfied from other clues it had been resprayed and was the same vehicle.

Sergeant PJ Gallagher told Mr Birmingham his attention was drawn to a green Scania with registration plate 94 D 39248 during a garda search of the premises of Mr Michael McDonald at Rathcor, Riverstown, Co Louth on January 30, 1998.

Sgt Gallagher, a PSV inspector, said his suspicions were aroused after a quick examination showed a chassis number stamped behind the front wheel that at first looked perfectly well but on closer examination it became obvious that the original chassis number had been tampered with.

He was familiar as to where the chassis number should be in Scania units and found that area had been ground somewhat hollow. He formed the view this could be a stolen vehicle.

Sgt Gallagher said the Scania 94 D 39248 was taken to Dundalk garda station where he used a process known to him to recover the original chassis number, XLERH4X2A-04330207, which related to the Scania 94 MO 237 that had been stolen at Rosslare.

Detective Garda William O’Connor said he took possession of documents in the January 30, 1998 search of Mr McDonald’s home. One was a licencing certificate for a Scania 94 D 39284 which named Mr Michael Byrne, Sligo Road, Longford as the owner.

Mr Brian Pilkington told Mr Birmingham that while working with Coyle Hamilton insurance brokers in 1995, and later with Jardines, he organised haulage insurance for Ireland and continental Europe for Mr Byrne for Scania 95 D 33639, owned by Portfleet Ltd. This was renewed annually.

The first address for Portfleet was at Clare Street, Dublin, then at Castle House, Castle Street, Mullingar and later at Rathcor, Riverstown, Dundalk.

Mr Pilkington said Mr Byrne advised him about the alleged Annaduff accident in which he said a Rover car had crashed into the Scania resulting in both vehicles being destroyed.

Mr Byrne told him the car driver was "100% at fault" and the full claim would be against Guardian / PMPA as his insurers so that the Portfleet policy was unaffected.

Mr Pilkington said Mr Byrne had notified him early in January 1996 that another Portfleet-owned Scania, registered number 94 D 39447, was to be transported from Dundalk to Longford on a borrowed lowloader towed by 95 D 33639.

The witness advised Mr Byrne to get transport cover insurance for this vehicle in case anything happened to it while being carried.

Mr Byrne phoned him in August 1996 to say he was relinquishing all his interests in Portfleet Ltd and instructed him that all further correspondence should be sent to Mr McDonald at Rathcor, Riverstown, Co Louth.

Mr Pilkington said he was told in June 1996 that Portfleet had disposed of Scania 95 D 33639 and that it was replaced by 94 D 39284 but despite this he was instructed by Portfleet in September 1996 that the company required additional permanent insurance for 95 D 33639.

Mr Pilkington said that on August 3, 1997 Portfleet had three Scania units insured: (1) 94 D 39447 valued £50,000; (2) 95 D 33639 valued £50,000; (3) 94 D 39284 valued £40,000

Mr Pilkington agreed with Ms Mary Ellen Ring SC (with Ms Caroline Cummings BL), for Mr Murphy, that during 1995-1996 all his dealings were with Mr Byrne. He was unaware of any of the money paid out by Guardian / PMPA.

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