Prosecution has 'failed to produce evidence' claims defence

The jury in the Ir£151,000 alleged insurance fraud conspiracy trial has been addressed by counsel for the prosecution and the defence on day-12 of the hearing at Dublin Circuit Criminal Court.

Mr Sean Guerin BL, for the prosecution, said the fraud audaciously framed and meticulously planned on "an accident that never happened" but was doomed to failure from the start due to the paper trail in motor taxation and insurance offices around the country.

Defence counsel, Ms Mary Ellen Ring SC and Mr Peter Finlay SC, have suggested that the prosecution has failed to produce evidence to link the accused to guilt in any conspiracy.

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

The jury has been told they are alleged to have conspired together and with others including businessman Mr Michael Byrne of Sligo Road, Longford; Mr Michael McDonald, Rathcor, 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 Murphy received £15,000 for personal injuries arising out of the alleged accident, while Mr O’Donovan received £18,000 for the alleged loss of a new Rover car. Portfleet Ltd had its claims for losses in connection with two Scania tractor units settled for £101,000. Other payments were made to legal advisors dealing with the claims.

The trial has reached its closing stages and the jury is scheduled to start its deliberations tomorrow after it is charged by Judge Joseph Matthews.

Mr Guerin (with Mr George Birmingham SC) said the insurance company paid out £101,000 for alleged extensive damage to vehicles which it was proven had never been in an accident. There was also evidence of crashed vehicles having been purchased and used to further claims.

He recounted the expert evidence of Dr Denis Woods about the drastic effects on the driver of a car in frontal collision with a Scania tractor unit even at 30 mph and noted that Mr O’Donovan only sought insurance payment for the car and not for personal injuries.

Mr Guerin suggested that while Mr Byrne was "the centre of gravity" in the alleged conspiracy and his input with that of Mr McDonald was crucial, there were others unidentified also involved but that the accused were also "knowing and willing conspirators".

Ms Ring (with Ms Caroline Cummings BL), for Mr Murphy, said that among difficulties faced by the prosecution was the evidence of Leitrim County Council workers who saw a crashed Rover car in a ditch at Annaduff when they had to spread one ton of grit on an oily patch on the road and who saw it being towed away by a truck.

Ms Ring noted also the evidence about two Rover cars - a new one and an undrivable one which had crashed into a canal - and asked how could an undrivable one be placed in the ditch.

She said that if her client was a conspirator why would he only look for personal damages for being out of work after the accident instead of looking for at least one-third of the largest claim.

Mr Finlay (with Mr Sean Gillane BL), for Mr McGonigle, said there was absolutely no evidence to show his client received even one cent from this alleged conspiracy. The jury could be sure that his finances were checked out by the investigating team and nothing was found to link him to it.

He said Mr McGonigle was an experienced garda and if he was involved in a conspiracy he would have seen to it there was nobody else such as the council workers present at the scene. He had no motive and even the evidence of his change of duty roster on that day had rebounded on the prosecution when the station sergeant said in evidence there was nothing unusual about that.

Mr Finlay said it was a case in which, happily, there was no criticism of the investigating gardai, but it was a simple case for his client against whom there was no evidence. "This case is about somebody saying his money is missing and he wants it back", said counsel.