Thursday 27 April 2017

Man wins €560,000 Lotto battle after stepmother 'lied on oath'

David Walsh at the Four Courts. Photo: Collins
David Walsh at the Four Courts. Photo: Collins

Tim Healy

A man has won his legal case against his stepmother seeking a one-sixth share of a €3.38m Lotto win.

Mr Justice Richard Humphreys ruled that David Walsh was part of a syndicate, and entitled to about €560,000. The judge also said his stepmother Mary Walsh had "lied on oath".

He said evidence given by her during the seven-day hearing was inconsistent, "not credible", contained "self contradiction" and was "unreliable".

Mr Walsh, who was one of six signatories on the back of the winning ticket, sued Mrs Walsh, who was married to his late father Peter Walsh.

Outside court following the ruling a clearly delighted Mr Walsh gave a double thumbs up.

He 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 (66), of Perssepark, Ballinasloe, Co Galway, was sued personally and as personal representative of Peter Walsh's estate.

Mrs Walsh opposed the claim and argued that she was the sole owner of the winning ticket, which was bought in Ballinasloe on January 22, 2011.

She claimed that she, her late husband and four of their relatives had signed the back of the ticket to avoid paying gift tax.

Property

She also said David Walsh was offered the option of having €200,000 from the win or the former home that she and her late husband shared at Knocknagreena, Ballinasloe, and he opted for the house. Mr Walsh denied that. The transfer of the property, valued at €135,000, was completed in December 2011.

Mr Justice Humphreys said he accepted evidence tendered by David Walsh as being credible. This was in contrast to evidence tendered by his stepmother which the judge said had given evidence that was "fundamentally inconsistent" and she "lied on oath".

A stay on the judge's order was placed, on terms including she lodge €929,000 to cover estimated legal costs and the award in court, pending appeal.

Irish Independent

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