Offer to issue warrants for witnesses turned down

A CASE alleging that fraudulent information was given to motor insurance companies by a 30-year-old man was thrown out of the District Court.

Judge Brian O’Shea refused an application from Garda Inspector Donal Donohue for an adjournment of the prosecution of Patrick Connors from Rosemount, Drinagh.

The case was taken by Garda Barry Hennessy alleging offences committed to obtain cover from Liberty Insurance in June of last year and from Axa Insurance in November.

When the matter was called, Judge Brian O’Shea revealed that he had received a letter from Axa, whose staff member Glen Turner had been summonsed to give evidence. The letter, which was delivered by register mail, indicated that the firm was not supporting Turner’s appearance before the court and he was not in attendance.

Garda Inspector Donal Donohue said that a similar difficulty had been experienced with Liberty and they too had no one present in court.

The judge offered the inspector a choice: he could have bench warrants issued for the arrest of the absent witnesses with a view to bringing them to court or the charges would be dismissed ‘for want of prosecution’, as he put it.

‘If a warrant is sought, I will grant it,’ he said but, after a brief consultation with investigating Garda Hennessy, the inspector decided not to take up this offer.

The judge expressed doubt about the commitment of the firms to dealing with insurance fraud.

And he stressed that coming to court as a witness is considered essential travel, even during a time of pandemic when some restrictions may be in place

The inspector formally applied for an adjournment but this was dismissed and the matter was equally formally dismissed.