The victim of a fraudulent claim for damages spoke after a court appearance yesterday of the "worry, frustration and sleepless nights" he had endured for nine years while waiting for the case to come to court. Mr Marc McDonald, a businessman, of Sycamore Road, Mount Merrion, said that he had temporarily lost his hair because of the strain.
The Circuit Court President, Mr Justice Esmond Smyth, described the claim of Declan O'Reilly, of Sundrive Road, Crumlin, as "entirely fraudulent". He said that he was directing gardai to investigate the role played by two witnesses for O'Reilly, a Thomas Thompson and an Edward Kelly, and that he was sending the case papers to the DPP.
Mr Justice Smyth said that O'Reilly and Thompson had drink taken late on September 15th, 1991, and had claimed that, as they crossed Crumlin Road, O'Reilly had been cartwheeled into the air by Mr McDonald's car and had sustained a head injury. When Mr McDonald stopped to inquire about a "kick, punch or thump" to his car, Thompson had told him that O'Reilly had been struck by a hit-and-run taxi. Thompson was "guarding" O'Reilly on the ground and would let no one near him.
The judge said he believed that O'Reilly and Thompson had some other form of "set-up accident" in mind before Mr McDonald stopped to inquire what had happened. When the taxi scenario went amiss, they sued Mr McDonald.