A man who sued his stepmother for a €560,000 share of a €3.3 million Lotto win has won his High Court case.
As well as having to pay David Walsh €560,000, Mary Walsh also faces a substantial legal costs bill following the seven-day case.
David Walsh (52), of Knocknagreena, Ballinasloe, Co Galway was clearly ecstatic as he left the court precincts on Thursday after Mr Justice Richard Humphreys gave his ruling.
The judge put a stay on his order, pending any appeal, on terms including Mrs Walsh lodge €929,000 to cover legal costs and the €560,000. He also made a temporary freezing order preventing her reducing her assets below that sum with liberty to apply to vary that order.
The judge said he believed the evidence of Mr Walsh over that of Mrs Walsh (66) from Perrsepark, Ballinasloe.
He ruled David Walsh was part of a syndicate and a co-owner of the winning ticket and entitled to about a €560,000 share of the jackpot.
Mr Walsh was one of six signatories on the back of the winning ticket along with Mary Walsh, her two sons, his late father Peter Walsh and a nephew of the latter.
The judge said evidence by Mrs Walsh during the hearing was inconsistent, “not credible”, “unreliable” and contained “self-contradiction”.
Mr Walsh had claimed his late father had told him shortly after the win he would be looked after and would not have to worry about money again.
Mrs Walsh argued she was the sole owner of the winning ticket, bought in Ballinasloe on January 22nd, 2011. She claimed she, her late husband and four of their relatives signed the back of the ticket to avoid paying gift tax.
The court heard Mrs Walsh’s son Jason received €300,000, her son Tony Stg£380,000 (about €456,000) while Kevin Black, a nephew of Peter Walsh received €100,000 of the win.
She claimed David Walsh was offered the option of having €200,000 from the win or the former home she and her late husband shared at Knocknagreena, Ballinasloe and opted for the house. Mr Walsh denied that. The transfer of the property, valued at €135,000, was completed in December 2011 when Peter Walsh died.
‘Lied on oath’
Mr Justice Humphreys said he accepted evidence tendered by David Walsh as being credible. This contrasted with evidence tendered by Mrs Walsh that was “fundamentally inconsistent” and she “lied on oath”.
While it had initially been denied by Mrs Walsh, there was an acceptance during her evidence that David Walsh was a co-owner of the ticket, he said. He was satisfied from the evidence, after it was discovered they had the winning ticket, the intention was three members of Mrs Walsh’s family and three members of the late Peter Walsh’s family would benefit from the win.
It had also been admitted the ticket was to be 50-50 between Mrs Walsh and the late Mr Walsh, he said.
He did not accept Mrs Walsh was the sole owner of the winning ticket or that her step-son was offered the house instead of €200,000.
Given the valuation of the house, it did not make sense that David Walsh would do himself out of €65,000, the judge said. He also held the transfer of the house had nothing to do with the Lotto win.
He was also satisfied Mrs Walsh had lied on a sworn statement to Revenue when extracting probate following her husband’s death.
She made a conscious decision to swear a false affidavit, where details including the number of children of the late Peter Walsh and details about joint assets were omitted for the purpose of hiding assets from her stepchildren, he found.
He did not accept Mrs Walsh’s explanation the omissions were “made in error”.