Rear-ending crashes involving woman an ‘orchestrated’ fraud

A person would want to be blind not to see that there was a hand orchestrating a number of collision over which four people had claimed a total of €240,000 in damages, the president of the Circuit Court has said.

“These accidents were planned…and all four plaintiffs were willing participants in them and party to a fraud,” Mr Justice Raymond Groarke said on Wednesday when throwing out a number of claims heard last month.

Judge Groarke told Paul Murray S.C for Zurich Insurance, which defended all the cases, that Peter Slattery (41) would be entirely comfortable to engage in a scam of fraudulent claims arising from set-up accidents.

Mr Slattery, an undertaker and part-time airport driver, had but a passing familiarity with the truth and none of his evidence was credible, the judge said.

In one of four €60,000 damages claims Mr Slattery, of Charlemont, Griffith Avenue, Dublin 9, had sued his girlfriend Belinda McLoughlin and Zurich for damages for neck and back injuries arising from a rear-ending crash.

Liability admitted

Ms McLoughlin, of Holywell Crescent North, Swords, was a joint defendant with Zurich in the four claims related to a series of accidents. She had admitted liability in all but took no part in any of the cases.

Samantha Byrne (28) of Suncroft Drive, Tallaght and her sister Jessica Byrne (25) of Bawnlea Avenue, Jobstown, Tallaght, sued Ms McLoughlin and Zurich over neck and back injuries respectively. They sought €60,000 each for damages arising out of a rear-ending of their car by Ms McLoughlin at Fortunestown Road on February 12th, 2015.

Ian Doyle (33) of Academy Buildings, Parkwest, Dublin 12, sued Ms McLoughlin for €60,000 damages for neck and lower back injuries as a result of a collision which happened on July 21st, 2014.

The court heard that Mr Slattery had been an injured passenger in Ms McLoughlin’s car which had rear-ended the car in which Mr Doyle was a passenger.

Judge Groarke noted that none of the accidents before the court had been reported to gardaí­ and no formal investigation had been carried out in any of them. All the crashes had involved minimal damage to the vehicles.

Misleading evidence

The judge said it was obvious from what he had seen that Mr Slattery had adduced or caused to be adduced misleading evidence and had done so knowingly. He saw no injustice in dismissing his case.

Mr Doyle, the judge said, had also lied to the court with the intention of concealing his true relationship with some of those involved.

Judge Groarke said Jessica Byrne had impressed him in the witness box but had lost confidence when cross-examined by Mr Murray about her attendance on a cruise with all of the plaintiffs in much earlier road traffic claims.

Samantha Byrne had done herself no favours in the manner in which she had sought to conceal a previous accident and injuries, he said.

“Coincidences happen in life but the evidence in this case, which discloses coincidences of a most astonishing nature, really push the explanation of coincidence off the cliff,” Judge Groarke said.

“These accidents were planned and fraud is the rational and cogent conclusion to be drawn and I am satisfied that all four plaintiffs were willing participants in these accidents. All are party to fraud and I dismiss thei actions.”

Mr Murray, who appeared with David Culleton of DAC Beachcroft for Zurich, was awarded costs, likely to run to €20,000 in each case, against all four plaintiffs.