There were heated exchanges at the Smithwick Tribunal today as a lorry driver alleged a former detective garda had perpetuated an insurance fraud.
Patrick Gallagher alleged former Det Sgt Owen Corrigan, who is one of the central witnesses at the Smithwick Tribunal, had falsified an insurance claim.
Mr Gallagher also alleged he had been warned by a third party not to give evidence against Mr Corrigan in a criminal procesution arising out of the alleged fraud.
However, the allegation of insurance fraud was hotly contested by Jim O’Callaghan SC, for Mr Corrigan, who accused Mr Gallagher of “telling lies”. He told Mr Justice Peter Smithwick Mr Gallagher was “either mistaken or deliberately telling falsehoods”.
At the start of proceedings this morning Mr Gallagher told the tribunal he had been involved in a minor crash when the lorry he was driving had collided with a Renault 18 car and trailer, which was in the possession of Mr Corrigan in Dunleer main street on May 14th, 1988.
Mr Gallagher said the maximum damage inflicted on the car and trailer was a damaged rear light on the trailer. He said a motorbike on the trailer remained upright and was undamaged. He met Mr Corrigan and a young man he took to be Mr Corrigan’s son and admitted responsibility for the damaged light. He said he formed the impression Mr Corrigan was not overly concerned about the damage.
But Mr Gallagher told the tribunal he was shocked when an insurance claim was lodged against his employer for a Fiat Uno car and damage to a trailer and to the motorbike. He said he objected to the claim at a meeting between his employer and an insurance assessor, but was told by the assessor that any court would probably prefer the evidence of a detective sergeant to that of a lorry driver.
He said he subsequently found out the insurance company had paid out on the claim and that he made a complaint of fraud against Det Sgt Corrigan to An Garda Síochána. The complaint had led to a decision by the Director of Public Prosecutions to bring a criminal case against Mr Corrigan.
However, Mr Gallagher said before the case came to court he was contacted by a Mr Francie Tiernan who said Mr Corrigan did not want the case to be heard. Mr Gallagher said he had taken from Mr Tiernan’s comments that there would be money available to him if he dropped the case, but that he was determined to press ahead. He said he and his wife then received a number of phone calls and his lorry was stopped by about four men who suggested he should not give evidence.
Mr Gallagher told the tribunal he lived in a difficult place at a difficult time and “you did what you were told”. He had young children and was particularly concerned about the effect of the case upon them. Therefore he did not give evidence in the case against Mr Corrigan. The case had then been called off.
However Mr O’Callaghan pointed to a number of apparent contradictions in Mr Gallagher’s evidence. He said Mr Gallagher had variously described the colour of the alleged Renault 18 as “silver” or “mustard”. He said an insurance form compiled by Mr Gallagher’s employer, with Mr Gallagher’s aid, had said the make of the car was “unknown”.
Mr O’Callaghan further said the insurance company had written to Mr Gallagher concerning the claim for damage to a Fiat car on May 30th, 1988, but it had been Mr Gallagher’s evidence that it was not until much later that year, possibly August, that he had first heard of the claim for damage to a Fiat car.
Mr O’Callaghan pointed out that in one statement Mr Gallagher said four men had stopped his lorry and intimidated him, while in another he said it was two men.
The tribunal is inquiring into suggestions that one or more members of Dundalk Garda or other employees of the State coluded with the IRA in the killings of two RUC officers in March 1989. Three members of the force - former Det Sgt Owen Corrigan, former Sgt Finbarr Hickey and former Sgt Leo Colton - have been granted legal representation at the tribunal.
The tribunal is continuing.
