Sunday 18 August 2019

Amateur boxer 'sought to mislead court' about being unable to fight after crash

 

Claim dismissed: Michael Kelly outside court yesterday. Photo: Collins Courts
Claim dismissed: Michael Kelly outside court yesterday. Photo: Collins Courts

Simone Smith

An amateur boxer "purposefully sought to mislead doctors and the court" about having been unable to fight after having been involved in a car crash.

Social media led the defence team to Facebook footage of Michael Kelly (29) boxing after the accident.

He saw his €60,000 damages claim dismissed after the comments from Circuit Court President Mr Justice Raymond Groarke.

Mr Kelly, of Ash Park Court, Lucan, Co Dublin, said that in October 2014 he took a lift in a car driven by Rosemarie Bond of Cannonbrook Park, Lucan. He said shortly after Ms Bond had rear-ended a car, causing him to strike his head.

Under cross-examination by defence barrister Conor Kearney, Mr Kelly said the impact had not been a minor one as far as he was concerned. He did not know why no one else involved had made a claim.

Mr Kearney, who appeared with Howard Synnott Solicitors, said "a trawl of social media" led the defence team to footage of Mr Kelly on Facebook taking part in boxing, even though he had told doctors that his only sport since the collision was swimming.

Mr Kelly denied he had been deceptive and that after the accident he had only been able to take part in boxing training but had been unable to compete.

Awarding Ms Bond and RSA Insurance their legal costs, Judge Groarke said Mr Kelly "purposefully sought to mislead doctors and the court".

Irish Independent

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