This article is from page 13 of the 2006-03-07 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 13 JPG
A COMPANY director who had been convicted in court over a claim for a windscreen has had the conviction overturned on appeal, at Ennis Circuit Court.
Justin Wall (46), of Western Garages, Mill Road, Ennis, had been convicted and fined €1,250 at Ennis District Court last October, after he was convicted of claiming for a damaged windscreen without the consent of the customer in question. On that occasion, the court was told he instructed another person to process a motor insurance claim without the consent of the insured person.
Agnes O’Loughlin of Glencurragh, Ballyvaughan told the Circuit Court last week that she traded in her car at Western Garages early in 2004.
There was a tiny mark on the windscreen after a chip had hit it some time previously, but she said she never discussed this with the garage. She received a letter from FBD Insurances in April 2004, advising her that her claim had been dealt with. This surprised her as she hadn’t made a claim. When she saw a copy of the claim she knew it was not her signature and said she hadn’t given anybody permission to forge her signature.
The court heard FBD Insurances paid a total of €224.15 for the replacement.
Paddy Kelly of Ennis Windscreen and Exhaust Centre who fitted a new windscreen, told the court, “I filled up the form. I signed Agnes O’Loughlin’s signature.”
He said he was not instructed by Justin Wall at any stage to forge Mrs O’Loughlin’s signature and said he did it “solely out of convenience.”
Justin Wall told the court the car would not have passed the NCT as there was a stone mark on the windscreen.
He said the issue had been a “huge embarrassment” and “a slur on our reputation”.
Defence Counsel, Pat Quinn said Mr Wall had been in business for the past 25 years and has never come to the adverse attention of gardaí.
“He honestly believed he had the authorisation of Mrs O’Loughlin to do what he did. . . he may be many things but he is not a criminal,” said Mr Quinn.
Judge Carroll Moran said it was accepted that Mrs O’Loughlin’s evidence was truthful and said it was “unwise for parties to forge her signature.”
He said a jury would unquestionably acquit Mr Wall and he allowed the appeal.