Strip­per mis­led court over €60k claim

Irish Examiner - - News - Ray Managh

A Chip­pen­dale-style male strip­per who, a judge heard, had danced his way through more than three years of back pain, has lost a €60,000 dam­ages claim aris­ing out of what he claimed was a rear-end­ing col­li­sion.

Bar­ris­ter Paul McMor­row told the Cir­cuit Civil Court that cal­en­dar-boy Nau­ris Zeps, of Phib­blestown House, Clon­silla, Dublin 15, had mis­led the court as to his abil­ity to per­form on stage for hours at a time.

Mr McMor­row, who ap­peared with David Cul­leton of DAC Beachcroft solic­i­tors for Lib­erty In­sur­ance, had asked the court to dis­miss Zeps’ claim un­der Sec­tion 26 of the Civil Li­a­bil­ity and Courts Act which re­quires dis­missal where a claimant know­ingly gives false or mis­lead­ing ev­i­dence.

Judge Mary O’Mal­ley Costello said she ac­cepted that Zeps, when a 29-year-old stu­dent, had been rear-ended while driv­ing his car at the back of Dublin Air­port in July 2014 and had signed doc­u­ments and given ev­i­dence that he had not in­tended to be mis­lead­ing at the time.

How­ever, he had come into court and had given ev­i­dence that he had been un­able to find work for the past three and a half years and had been un­able to lift his baby or do any­thing stren­u­ous around the house.

In the mean­time, he had con­tin­ued his strip-danc­ing ca­reer as re­vealed in pho­to­graphs and a video pre­sented to the court and, un­der cross-ex­am­i­na­tion by Mr McMor­row, coun­sel for Lib­erty In­sur­ance, had been given ev­ery op­por­tu­nity to change his ev­i­dence.

“He never once took that op­por­tu­nity and did not re­veal his danc­ing ac­tiv­i­ties un­til Face­book and still pic­ture ev­i­dence was pre­sented and he had to ad­mit it in cross-ex­am­i­na­tion,” the judge said.

She said he had given en­tirely mis­lead­ing ev­i­dence to the court and had fallen foul of Sec­tion 26 of the Act which re­quired the dis­missal of his case un­less the court was of the view that to do so would lead to an in­jus­tice.

He had mis­led the court in that he had claimed his in­juries were a lot worse that it would ap­pear they were.

Strik­ing out his €60,000 claim and award­ing le­gal costs against Zeps, Judge O’Mal­ley Costello said he had come to court and had been given ev­ery op­por­tu­nity to clar­ify all mat­ters and had cho­sen not to.

Mr McMor­row had told the court that Zeps was ‘Mr Septem­ber’ in a cal­en­dar and had par­taken in stren­u­ous danc­ing ac­tiv­i­ties while claim­ing he had been un­able to find work dur­ing the past three and a half years.

He asked the court to di­rect that a record of the ev­i­dence in the case could be used in a num­ber of fu­ture claims that was ex­pected to arise from the ac­ci­dent in which Mr Zeps was in­volved. Judge O’Mal­ley Costello said she felt un­able to make an order re­gard­ing mat­ters that had not arisen in the case be­fore the court.

Pic­ture: Collins Courts

Screengrab of Thechain­gang­show Face­book page show­ing Nau­ris Zeps per­form­ing on stage in 2015.

Newspapers in English

Newspapers from Ireland

© PressReader. All rights reserved.