Witness denies bringing 'an object in a jar' into Ireland

An Egyptian national who worked for a consultant surgeon charged with a €700,000 breast cancer insurance fraud has today denied that he brought "an object in a jar filled with fluid" from Egypt to Ireland for him.

Mr Hakem Elsaadany told a Dublin Circuit Criminal Court jury, through an interpreter, that he was doing construction work for Dr Emad Massoud during 2001 and towards the end of the summer he returned home to attend his sister’s wedding.

He told Dr Massoud’s defence counsel, Mr John Peart SC (with Mr Charles Corcoran BL), that he was not asked to bring anything back to Ireland by the accused.

He again confirmed this after Mr Peart told him that a previous prosecution witness, Dr Mohamed Elsayed Attia, had testified in the trial that he (Mr Elsaadany) told him he had brought "an object in a jar that was filled with fluid back from Egypt and that the fluid had split onto the clothes in his suitcase".

"I did not bring anything back from Egypt, only my personal clothing and belongings," witness replied.

Dr Massoud (aged 52) and Mrs Gehan Massoud (aged 43), a nurse, of Woodview, Brownstown, Ratoath, Co Meath have pleaded not guilty to intent to defraud two insurance companies by falsely pretending that Mrs Massoud had suffered breast cancer and that there was an obligation on them to settle serious illness claims.

They deny intent to defraud €685,658 from Scottish Provident Ltd on March 25, 2002 through having that amount made payable to Permanent TSB and €45,338 on February 22, 2002 from Lifetime Assurance Company Ltd by having that sum transferred to their account at the Bank of Ireland in Letterkenny, Co Donegal.

Mr Elsaadany told Mr Peart that Dr Attia called him on January 21 last at 10 in the morning and told him that he would have to go to court to say that he brought "something" to Dr Massoud.

"I told him why I am to go to court if I did not bring anything and I told him I am not supposed to come to testify about something I did not do," Mr Hakem said.

He said that Dr Attia told him he would have to go, that he "did not have any other choice" and he was told there would be "a guide" that Dr Attia knew who would explain the situation to him.

Mr Elsaadany said that when he again told Dr Attia that he was not going to court, he replied that if he did not go "they could come to me through immigration".

Witness told Mr Peart that he thought this meant that if he did not go to court he would "be in big trouble".

Mr Elsaadany said he told Dr Attia that he would have to think about it and he would ring him back but he didn’t. Later that night Dr Attia called him again but he didn’t answer the phone and he then got a call from a different number, but again he didn’t answer it.

He received a text message a few minutes later from this other number.

Mr Elsaadany told Mr Cormac O Dulachain SC (with Mr Seamus Clarke BL), for Mrs Massoud, that Dr Attia knew his passport had expired and he had not renewed it yet because he told him so during a phone conversation in November last year.

He rejected suggestion from prosecuting counsel, Mr Dominic McGinn BL, in cross-examination that he owed loyalty to Dr Massoud and he would do things for him because if he did not, he would "make things difficult".

Mr Elsaadany did not accept a further suggestion that he was contacted by the gardaí and asked to come to court and he didn’t but when asked by Dr Massoud he did. "No, his solicitor asked me," he replied.

He refused to accept Mr McGinn’s contention that he did not want to get involved in the case because he knew he would have "to come to court and lie on the Qu’ran (Koran)".

Mr Elsaadany accepted that Dr Attia had not threatened him directly but said it was like he threatened him indirectly.

"I did not want to get involved in this case and he said well if you don’t come to court they will find you," he said.

He agreed that when Dr Attia had referred to "a guide" he meant a garda or police man.

Mr Elsaadany then accepted that the text message he later received that night was "not threatening at all" and was sent by the prosecuting garda in the case, Detective Sergeant Declan Daly, asking him to ring him back, that it was in relation to Dr Massoud and was very important.

He repeated that he did not want to get involved in the case "because of my situation in this country, my passport had expired".

Earlier, Dr Efflichar Ali, a consultant anaesthetist and defence witness, said it was possible to carry out a breast surgery under local anaesthetic but added that "it is not commonly done in Ireland".

He added that there were some procedures that could be done under local anaesthetic when a patient was not fit to go under general anaesthetic.

Dr Ali agreed with Mr McGinn that it takes nine years of training to reach this level in a specialised field of medicine.

The trial continues before Judge Patrick McCartan and a jury of seven men and four women.