Sheriff voices doubts over accident claim

COURT: Concerns raised as Facebook post suggests men involved knew each

A sheriff in Dundee has reported a man to prosecutors, citing a possibility he may have attempted to obtain compensation for an alleged car collision through deception.

The man, named only as PA in court papers, had claimed a stranger caused thousands of pounds worth of damage to his car in 2014.

Concerns were initially raised after it emerged photos posted on Facebook appear to show PA at the wedding of the defender, known as RK, despite the two men claiming not to know each other.

Doubts were also raised about how the car came to be damaged.

In his judgment Sheriff Pino Di Emidio threw out PA’s claim.

He added: “The circumstances described in this note give rise at least to the suggestion that an attempt has been made to obtain compensation by means of deception.

“The criminal evidential standard did not apply in this case, so I express the matter no higher than that.

“It is for others to decide whether any further action requires to be taken.”

The Courier understands police have now been instructed to begin an investigation into the case.

The wedding images on Facebook appear to show PA dressed in a similar outfit to other men who appear to be part of RK’s groom’s party.

The defender later claimed there had not been a groom’s party at the wedding, and disagreed with the suggestion he had known the pursuer quite well before the date of the alleged accident.

Sheriff Di Emidio also highlighted discrepancies in PA and RK’s stories as a reason to pass his findings on to prosecutors.

An expert witness, who attended the civil case, “was quite clear that the two cars had not been in an accident together”, according to the sheriff.

In his conclusion, Sheriff Di Emidio said: “The onus is on the pursuer to establish on the balance of probabilities when and how the accident happened.

“In my view, he has failed to establish any material facts pertinent to this issue.

“Both the pursuer and the defender gave evidence in an unsatisfactory manner,” he added.

A spokesman for the Crown Office and Procurator Fiscal Service said a copy of the sheriff’s judgment had been received, but no further comments could be made during the live investigation.