Saturday 15 December 2018

Mechanic involved in 'set up' road accident blocked from selling luxury €50k sports cabin cruiser

Ian Doyle (33) of Parkwest, Dublin 12 pictured at the Four Courts for a Circuit Civil Court action Photo: Collins
Ian Doyle (33) of Parkwest, Dublin 12 pictured at the Four Courts for a Circuit Civil Court action Photo: Collins

Ray Managh

Dublin Bus mechanic Ian Doyle, who has been hit for a legal costs bill of €29,000 following a fraudulent accident claim, told a judge Friday that a €50,000 luxury sports cabin cruiser he is selling belongs to his mum and dad.

Judge Jacqueline Linnane heard that Doyle, a 34-year-old father of Park West, Nangor Road, Dublin 10, had bought the cruiser for his parents, Noel and Elizabeth Doyle of Orchard Drive, Ballyfermot.

Doyle said he had done so to partly repay them for having earlier loaned him money to buy an apartment and he had taken out a €20,000 bank loan to fund the cruiser purchase from a man on Done Deal. He had “a piece of paper” at home confirming the purchase.

He told the court he did not have the money to employ a solicitor to represent him and spoke for himself, adding that his mum had accompanied him and was in court.

Barrister Moira Flahive, counsel for Zurich Insurance and the Motor Insurance Bureau of Ireland, two weeks ago obtained a temporary injunction from Judge Linnane in the Circuit Civil Court restraining Doyle from selling the boat or doing anything to reduce his assets below €28,881.78c.

Ms Flahive, who appeared with David Culleton of DAC Beachcroft Solicitors, told the court that in October last year the President of the Circuit Court, Mr Justice Raymond Groarke, found that Doyle had fraudulently claimed €60,000 damages against motorist Belinda McLoughlin and the Bureau in a “set-up” road traffic accident.

An order for costs against Doyle had been made by the President and had since been officially determined at €28,881.78c which the Bureau and Zurich Insurance was seeking to recover from him.  Zurich Insurance had refused to indemnify Belinda McLoughlin and had fought four cases, including Doyle’s, on the grounds all of them were fraudulent.

Ms Flahive had told the court Doyle had been found to be one of four linked claimants seeking a total of €240,000 damages against motorist Ms McLoughlin.   Zurich Insurance had conducted a search of any assets Doyle might have and had discovered that the Dublin Bus mechanic was attempting to sell on his luxury cruiser power boat currently at The Boat Yard, Belerne River Village, Dernaglush, Belturbet, Co Cavan.  He was doing this fully aware of the €28,881.78c judgment against him.

A claims handler for Zurich told the court in a sworn statement that Doyle was the owner of a house in Park West, Nangor Road, Dublin 10 where he lived with his partner and their five children. KBC Bank Ireland and Dublin City Council held charges against the property.

The remaining three claimants in the set-up accident included Peter Slattery (41) an undertaker and part-time airport driver, of Charlemont, Griffith Avenue, Dublin 9.  Belinda McLoughlin was his girlfriend who had admitted liability for the accident but had not taken any part in the defence of the cases against her and the MIBI.

The other two claimants were Samantha Byrne (28) of Suncroft Drive, Tallaght, and her sister Jessica Byrne (25) of Bawnlea Avenue, Jobstown, Tallaght.  The four each made €60,000 whiplash injury type claims against McLoughlin and the MIBI.

Mr Justice Groarke said in October last that one would want to be blind not to see a hand orchestrating a number of collisions involving the four. “These accidents were planned…and all four plaintiffs were willing participants in them and party to a fraud,” he stated.

He said Slattery “who had but a passing familiarity with the truth” would be entirely comfortable to engage in a scam of fraudulent claims arising from set-up accidents. The legal costs of each fraudulent claim were awarded against each claimant in favour of the MIBI.

Friday’s successful application to make the temporary orders against Doyle permanent and blocking a sale of the luxury cruiser and restraining him from reducing his assets, did not involve any of the other three fraudulent claimants.

Judge Linnane said her orders applied to Mr Doyle, the boatyard concerned, his parents Mr and Mrs Doyle and anyone with knowledge of the making of the orders. She adjourned the proceedings to July 6 and directed Doyle next time bring with him any documentation he possessed regarding his purchase of the cruiser.

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