THE PRESIDENT of the High Court has referred videos and other material from a personal injuries action to the DPP after dismissing the case on grounds of false and misleading evidence given by the claimant who is a “mixed boxing” enthusiast.
The videos showed Raymond Smith (27), who claimed he suffered back injuries following a car crash, competing in four separate events of cage-boxing, kick-boxing and jujitsu at a time he was also receiving medical treatment for the alleged injuries.
Mr Smith, Lanesborough Avenue, Finglas, Co Dublin, had brought proceedings against Lisa Fitzgerald of Lanesborough Square, St Margaret’s Road, Dublin, and was awarded €7,500 by a Circuit Court judge last November. That award was appealed to the High Court and Mr Justice Nicholas Kearns, in granting the appeal, said it seemed to him that nothing Mr Smith said was worthy of belief.
The judge said he would apply the provisions of section 26 of the Civil Liability and Courts Act 2004, which stipulate a personal injuries action “shall be” dismissed if a plaintiff knowingly gives false and misleading evidence. He directed the video material be sent to the DPP with a transcript of the evidence to ascertain if any further action was warranted.
The proceedings arose from an incident that occurred at a junction on the Swords Road in Dublin on August 19th, 2009, when Ms Fitzgerald’s car drove into the rear of the plaintiff’s car. The court heard Mr Smith was involved in a similar incident in May 2008, as a result of which he secured more than €15,000 compensation.
The videos of Mr Smith were taken on September 19th, 2010; June 11th and June 25th, 2011; and October 2011.
Jonathan Kilfeather SC, for Ms Fitzgerald, had applied to have the case dismissed on the grounds that Mr Smith’s evidence was false and misleading.