A factory security man has told the jury in a conspiracy to defraud trial at Dublin Circuit Criminal Court yesterday that he did not see a major road accident which was supposed to have happened near his hut.
Mr Ib Thomosen said his security hut was only about 20 yards away and if anything significant had happened there before he finished duty he would have reported it.
It was day three of the trial of two men arising from what the prosecution has described as "a dramatic accident that never happened" involving four vehicles, and which led to the Guardian/PMPA (now Axa) paying-out over £150,000.
Mr Desmond McGonigle (58), Knockvicar, Boyle, Co Roscommon, a retired garda, and Mr James Murphy (44), Main Street, Castlebellingham, Co Louth, a lorry driver, deny involvement in a conspiracy to defraud the Guardian/PMPA by falsely pretending that a traffic accident occurred at Annaduff, Carrick-on-Shannon, Co Leitrim, on January 28th, 1996, between a Rover and a Scania transporter which towed a lowloader carrying a Scania tractor unit and a Hyster forklift.
The jury has been told that the accused are alleged to have conspired with - among others - businessman Mr Michael Byrne, Sligo Road, Longford; Mr Michael McDonald, Riverstown, Dundalk, a director of Portfleet Ltd, owners of the Scania driven by Mr Murphy; and taxi-driver Mr Jeremiah O'Donovan, from Fairview Place, Birr, Co Offaly, who drove the Rover.
Mr Hugh Faughnan, a Leitrim County Council roads overseer, said Mr McGonigle had said nothing to him about an articulated truck going down an embankment.
He saw diesel oil on the road which he and another council employee gritted.
Mr Faughnan told prosecuting counsel, Mr George Birmingham SC, that, in his experience, it could take five hours to straighten out a lorry which had jackknifed on the road.
He checked the accident scene the next day to make sure it was all right but saw no tracks or marks on the road. He agreed with Ms Mary Ellen Ring SC, for Mr Murphy, that he saw bits of glass and other debris such as portions of a bumper and wing mirrors at the scene.
Mr Faughnan told Mr Séan Gillane BL, with Mr Peter Finlay SC, for Mr McGonigle, that he saw a dark-coloured new Rover car at the scene.
He didn't take the registration number because if he needed it he would have got it from the gardaí.
Mr Brian Mahon, who works with Mr Faughnan, said he saw no sign of vehicles at the scene.
He said he rubbed oil from the road on his hand and it smelt of diesel.
He put one ton of sand and salt grit on about 120 yards of the road.
The next morning, he saw marks along the side of the road and also noticed pieces of glass and such debris as might come from an accident.
The hearing continues before Judge Joseph Matthews and a jury of five women and seven men.