District Court proceedings against a couple alleging conspiracy to defraud, arising from a claim by an insurance company that the woman had falsely claimed to have breast cancer, have been halted by the High Court after it found the Garda arrest of the pair was unlawful.
Mr Justice Gilligan held that the couple - Ms Gehan and Mr Eman Massoud - were arrested twice on the same day for the purpose of being charged with the offence of obtaining money under false pretences, but that, after consultation with the DPP, they were ultimately charged with conspiracy to defraud. Once they were arrested the second time on the false pretences charge, they should have been charged with that offence, he ruled.
After they were charged with a different offence, the original arrest became unlawful because its purpose was not going to be fulfilled, he held. However, counsel for the DPP indicated afterwards that the High Court ruling did not prevent the prosecuting authorities dealing with any other charge that may be laid in the future.
An insurance company had claimed that Ms Gehan Massoud, of Woodview, Brownstown, Ratoath, Co Meath, falsely claimed she had breast cancer, and had conspired to defraud Abbey National Group Ltd (formerly known as Scottish Provident (Ireland) Ltd), of some €685,000 paid, following an operation on her, into an account in the name of herself and her husband Eman.
Yesterday, in a reserved judgment, Mr Justice Gilligan granted orders prohibiting a District Court judge proceeding further with a charge against the Massouds that, on a date unknown between September 25th, 2001, and March 28th, 2002, they conspired with each other to defraud Abbey National Group Ltd.
Dealing with the position of the couple in two separate but similar judgments, Mr Justice Gilligan said the Massouds were both arrested on the morning of November 4th, 2003. It was clear from the Garda custody record that they were arrested for the offence of obtaining money under false pretences from Abbey National.
It was alleged that a surgical operation had been carried out on Ms Massoud at Nobel Clinic, Eccles Street, Dublin, and a sum of €685,658 was obtained on foot of a claim which was paid by Scottish Provident.