The jury in a €700,000 breast cancer insurance fraud trial has been told by the prosecuting counsel that the evidence could lead to only one conclusion: "This was a clever, elaborate and dishonest fraud."
Dominic McGinn was closing the State's case at Dublin Circuit Criminal Court against a Co Meath couple who deny they defrauded two insurance companies of some €700,000 five years ago. Dr Emad Massoud (52), a consultant surgeon, and his wife Gehan (43), a nurse, have pleaded not guilty to intent to defraud the insurance companies by falsely pretending that Ms Massoud had suffered breast cancer and that there was an obligation on them to settle serious illness claims.
The Massouds, Woodview, Brownstown, Ratoath, deny intent to defraud €685,658 from Scottish Provident Ltd on March 25th, 2002, through having that amount made payable to Permanent TSB, and €45,338 on February 22nd, 2002, from Lifetime Assurance Company Ltd by having that sum transferred to their account at the Bank of Ireland in Letterkenny, Co Donegal.
Judge Patrick McCartan told the jury that even if they found Dr Massoud to be "pompous and self-serving" when he took the stand in his own defence and even if they didn't like him or believe him, if they thought what he said could be true they should acquit him and by definition his wife.
Mr McGinn said the "ultimate issue" for the jury to decide was whether Ms Massoud had breast cancer as she claimed.
He said that if the jury was satisfied that the State proved beyond reasonable doubt that she did not have the disease, they should convict both her and her husband. But if it was convinced she was genuinely diagnosed with cancer the jury should acquit both accused.
John Peart SC, for Dr Massoud, said all his client did wrong was to operate on his own wife but added that this action "does not offend the law". He said Dr Massoud strongly denied any wrongdoing. "His wife had lobular cancer and he has been wrongly prosecuted and has been very anxious to prove his innocence."
Cormac Ó Dulacháin SC, for Ms Massoud, said Dr Massoud's account was feasible and plausible.
The trial resumes on Monday.