A man who took part in a staged car accident in Dublin in 2013 has been jailed for two years.
Forty-seven-year-old Thomas O’Neill of Glenmore Green in Ballyboden pleaded guilty to one count of deception in relation to the collision between two cars near Firhouse in Tallaght on 1 February 2013.
His sister, 54-year-old Deirdre Mellor, from Tallaght, who was a passenger in the other car, was given a two-year suspended sentence for attempted deception.
O’Neill’s partner, 44-year-old Ann Wilson with an address at Ledwill Park in Kilcock, who received more than €35,000 in a personal injuries settlement related to the incident, also pleaded guilty to deception and will be sentenced on Wednesday.
Garda Kevin Bowen told Prosecuting Counsel Edward Doocey that a white Toyota Celica rear-ended a Mazda car at a roundabout in Woodstown near Firhouse in Tallaght on 1 February 2013. No injuries were reported.
The Mazda was being driven by Ann Wilson. O’Neill was also in the car along with their son and Ms Wilson’s sister.
Deirdre Mellor, who is O’Neill’s sister, was in the Toyota, which was being driven by her partner.
An investigation by the insurance company found the damage to the cars was consistent with a low velocity impact.
Ann Wilson took a personal injuries case. She was awarded €21,595 in damages as well as €14,000 in damages for her son. She was also given €550 for the damage to her car. She had said she did not recognise anyone in the other car at the time of the incident despite the fact that Mellor was her partner’s sister.
Mellor began a personal injuries claim but after receiving advice that she had taken it too late, she did not proceed. She had also claimed she did not recognise anyone in the other car.
O’Neill’s case went to the circuit civil court. He gave evidence and was cross-examined about claiming that he did not know the person driving the other car or that his sister was the passenger at the time. After this, he withdrew his claim.
AXA insurance had received two anonymous phone calls in May 2013, suggesting the accident was staged. In July 2019, the company made a formal complaint to the gardaí.
The court heard O’Neill has 70 previous convictions, including 17 for driving without insurance and four for dangerous driving.
Mellor has one previous conviction for no insurance. Wilson has four previous road traffic convictions.
Mr Doocey told the court no money had been recovered.
Defence counsel told the court that none of those in court today were the “brains” behind the staged accident.
The court heard O’Neill had suffered with addiction issues and owed a significant amount of money at the time of the accident which he had been attempting to pay off.
Wilson also had addiction issues. She was also a full-time carer for her 15-year-old son who had been involved in a separate road traffic accident in which he was paralysed from the waist down and her daughter also had health issues. The court was told she was not in a position to pay back any of the money she had received in the personal injuries settlement.
Mellor had health issues and her lawyers told the court there was “nothing sophisticated” about this scam.
Judge Martin Nolan said all three were willing participants in this plan to defraud the insurance company.
He said Deirdre Mellor was remorseful, had not made any gain for herself and had stopped her claim at a certain point. He sentenced her to two years but suspended it in full.
The judge said O’Neill had actively participated and had commenced a claim against the insurer. He had a long record of previous convictions and Judge Nolan said he deserved to go to prison. He jailed him for two years.
Judge Nolan said Wilson had also actively participated and had received a substantial amount of money for herself and her son. She knew this was an arranged accident he said.
However given her personal circumstances, the judge said he wanted to consider whether or not to jail her. He will give his decision on Wednesday.
