Casino worker convicted of £135k false injury claim
A CASINO worker has been found guilty of trying to defraud Cardiff Council of more than £135,000 by lying in a claim for personal injury compensation.
Luboya Tshibangu, who claimed a pothole in a path knocked him off his bike, denied fraud but was convicted by a jury following a two-day trial at Cardiff Crown Court.
Giving evidence from the witness box, the 38-year-old said: “I was cycling home along the path when my front wheel went into a pothole.”
He told the court he put his foot down, twisted his ankle and landed heavily on the ground.
The charge related to the period between December 15, 2012, and March 15 last year – covering the fall and subsequent legal action.
Tshibangu, who worked at Grosvenor Casino, fell off his bike on December 16, 2012.
Prosecutors alleged he came off his bike on a slippery path and then lied about the location in a false claim for personal injury compensation.
The court heard he submitted a claim for £15,912.91 for lost earnings and £119,861.14 for future lost earnings.
Heath Edwards, prosecuting, alleged the fall happened in Galleon Way at Atlantic Wharf, Cardiff Bay.
He said there was evidence to support that from two eyewitnesses and a GPS tracker on the ambulance that attended to help the defendant.
But Tshibangu claimed it occurred almost a kilometre away on a path by Bute East Dock, which the council is responsible for.
Mr Edwards said: “He knew he could not sue anyone for falling off his bike on a slippery path. He found a hole in the pavement and made a false legal claim.”
Giving evidence in court, the defendant said the witnesses called by the prosecution had not actually seen the incident.
Asked by his counsel David Maunder why it took him nine months to take photographs of the pothole, the defendant said he was recovering in hospital.
He told the court he had to have two operations on his ankle and was in a cast for almost a month.
Tshibangu said it took him about six months to walk with crutches and two years to manage without.
Mr Maunder asked him if the information he provided to his solicitor to make the claim was accurate and he replied: “Yes.”
The defence barrister added: “Were you seeking to mislead by giving a false location?” Tshibangu said he was not.
In cross-examination Mr Edwards suggested £100,000 would have been a “lifechanging” amount of money for the defendant.
Tshibangu, who was joined in the witness box by a French interpreter, said he was not aware of the figures because his solicitor dealt with them.
Mr Edwards added: “It is the sort of sum you were willing to lie to get?” Tshibangu replied: “Never.”
The prosecutor suggested the defendant’s route home from work would not have taken him past the place he claimed he fell.
He said: “You, having started the ball rolling by lying to the council, have to keep lying because you are trying to lie your way out of a criminal case.
“You are trying to pull the wool over the jury’s eyes by lying about where the incident took place.”
The defendant said that was not true but the jury of five men and seven women rejected his version of events and returned a guilty verdict.
Tshibangu, from Adamscroft Place in Adamsdown, Cardiff, was convicted of fraud. He was remanded in custody and will be sentenced by Judge Tracey LloydClarke on Wednesday.
Speaking after the verdict, Councillor Chris Weaver, cabinet member for finance, modernisation and performance at Cardiff Council, said fraud was a “serious offence”.
He added: “This is a case where someone has sadly had an accident and hurt themselves and tried to lay blame on the council illegally.
“I hope this case sends a clear message that these matters are investigated and if false claims are made we will work with the relevant authorities to bring these matters to court.”