Kildare family jailed for insurance scam in fake crash

FIVE members of the same family were jailed periods between six and 15 months each over an attempt to pull a €150,000 insurance scam by staging a fake crash in Athy over 10 years ago.

The ‘crash’ - which barely damaged the front registration plate – was into an Armcor barrier at Fortbarrington on 19 June 2015, which saw all five members of the Carthy family feign unconsciousness and injury within the vehicle.

However, it did not prevent one of the rear seat females from climbing out the crashed vehicle to visit a nearby field for a call of nature, and then climb back to the scene of her alleged injury to demand from the attending emergency responders that she be cut from the ‘wreckage’ by the Fire Brigade.

In all, the incident required five ambulances, two units of the Kildare Fire Brigade, two squad cars and four gardaí, while at some point before the impact the occupants disengaged a contact wire with the car’s battery to ensure non-deployment of the air bags.

The five were driver Joseph Carthy (32), and his partner Rebecca Martin (31) both of Ardrew Halting Site; brother Michael Carthy (48) Sunnyside Lawns, Athy; their father Edward (73), and mother Mary Carthy (72), both also of Ardrew Halting Site.

They appeared before Judge Elva Duffy on Wednesday 19 November in the Circuit Court in Naas for sentencing after being found guilty the previous Friday on conspiracy to defraud Liberty Insurance after a five-day trial.

In her summation, Judge Duffy did not hold back with her criticism of the attitudes of the representatives of the insurance company who gave evidence in the trial.

“There were some suggestions some witnesses made evaluations based on judgements of prejudice, and I wonder if this would have happened if it was a regular family out on a Friday evening?” she asked rhetorically.

“Perhaps witnesses presented to the jury from Liberty Insurance were acting out of a sense of prejudice, and the jury disregarded this,” she said.

On the day of the sentencing, Garda Amanda Kirwan re-took to stand to confirm an outline of the facts for prosecuting barrister Saoirse O’Dualaing BL.

She explained how on the day in question she was first on scene, and when she got there she noted all five occupants still in the car and she took evidentiary pictures, but with the “minor damage to the front of the vehicle, my suspicions were raised”.

“Each occupant was removed by ambulance to Naas General Hospital and the claims were made against Liberty Insurance,” she said.

“My suspicions were raised because of the number of injuries relative to the damage,” she said.

She reported that after initial investigations of the vehicle, the battery had been disconnected, some damage had been done previously to the rear hub, and none of the rear seat belts had been used as “all three were still tucked between the seats”.

“All five were interviewed, and all five said that on the day they all went from Athy to Carlow to look at a car, and ‘crashed’ a half mile from their homes,” she said.

She confirmed that Joseph Carthy — a father of seven — “gave no trouble, and was co-operative”, and that he has appeared “at every court appearance” since proceedings began in 2020.

As they all had now been convicted, Judge Duffy could now hear of their previous convictions.

Joseph Carthy had nine, mostly for road traffic offences, and most recently on 28 February 2021 for no tax, NCT, or insurance, and two for not wearing a seatbelt.

Edward Carthy had 24, including failure to have a child restrained in a vehicle, parking in a disabled bay, carrying an adult unrestrained in a vehicle, and animal cruelty.

Rebecca Martin also had 24 previous convictions, Michael had 18, while their mother Mary had no previous convictions.

“This is not at the farther level of events,” said Joseph’s barrister Mr Fitzpatrick.

“There is a question of custody for the (seven children) if both parents get sentenced … there will have to be a new level of organisation."

“Joseph is very proud of his children, and that all of them are in school,” he added.

“Edward accepts the verdict and conviction, and there is a discontinuance with his personal injury claim, but this will be a stain on his character as a grandfather,” said Mark Gibbons BL.

He handed in a doctor’s cert confirming his client’s heart condition and diabetes.

“He is in his winter years, but he is accepting responsibility, and holding his hands up,” said Mr Gibbons.

“Mary has suffered significant loss of life around her,” said her barrister, claiming four brothers, a niece, a sister-in-law, and two of her 14 children.

“Mary was reared on the side of the road, and was married nearly 60 years ago,” she said.

The court was told Michael had a heart attack and a stent fitted earlier this year, according to Donnacha Craddock BL, and lives in a council house obtained “to facilitate the care of their daughter with learning difficulties”.

Rebecca Martins grew up in Clondalkin and did the Junior Cert, and her barrister confirmed that her kids are “now in the care of both sides”.

“Is that in preparation for a sentence?” asked Judge Duffy.

“That is my understanding,” was the reply.

“The jury reached a unanimous decision,” noted the judge in summation.

“The damage was very minor, with nothing damaged except a licence plate.

“There was evidence of them seeming to be unconscious, but the guards were sceptical, especially with the evidence of the woman (Rebecca) getting out of the car to go to the toilet.

“The claims raised red flags and would’ve cost Liberty €150,000.

“Investigating gardaí spent five days on the car, and though the roof was removed to take out the five people, Mr Cotter said the car was still driveable,” she said.

“Every opportunity was given to the accused to have pleaded guilty before the trial, and that would have increased possible mitigation,” she concluded before handing down her sentences.

All five were sent to jail for two years but received partly suspended sentence. Joseph Carthy had nine months suspended, Michael Carthy received 12 months suspended, while Rebecca Martins had 15 months of the sentence suspended and Mary and Edward both had their sentences suspended by 18 months.