Couple jailed for insurance fraud
An insurance company has welcomed the jailing of a couple convicted in relation to making a false motor insurance claim in 2017 and praised investigating gardaí in the case. The pair were convicted and sentenced to two weeks in jail and fined €1,500 each at a special sitting of Cavan District Court.
RSA Insurance Ireland told The Anglo-Celt this week that the sentencing acts as a strong deterrent to exaggerated or false insurance claims.
“RSA Insurance Ireland and 123.ie are delighted with the work the gardaí carried out during the investigation of this criminal case. We have zero tolerance for any claims that are not genuine. The perpetrators have to be brought to task through the criminal justice system,” a spokesperson for the company said. “This is a strong message from RSA Insurance Ireland and 123.ie to potential claimants that are exaggerating or not genuine. We are continually investing in our Special Investigation Unit Team resulting in excellent outcomes in our fight against fraud,” he added.
Full Court Report
A couple, who denied charges in relation to making a false motor insurance claim in 2017, were convicted and sentenced to two weeks in jail and fined €1,500 each.
Luiza Lapere (60) and her husband Anatolijs Boiko appeared before Judge Nicola Jane Andrews at a special sitting of Cavan District Court earlier this month.
The pair pleaded not guilty to the charges against them.
Luiza Lapere with an address at Cavan Road, Cootehill, was charged with attempting to commit an indictable offence at an unknown location and of perjury at RSA Insurance House, Dundrum, on December 30, 2017.
Her husband Anatolijs Boiko was also charged with attempting to commit an indictable offence and of attempting to make a gain in relation to a false motor insurance claim at an unknown location on December 30, 2017.
Outlining the evidence, Inspector Declan McGarvey told the court that the charges arose out of a road traffic accident that occurred on Bridge Street, Cootehill, in December 2017 and a subsequent fraudulent insurance claim that was made in the aftermath.
He told the judge that witness, Sarah Galligan Fox, had parked her vehicle along the street when Lapere, who was driving a Black BMW 5 series, collied with the driver’s side of Ms Galligan Fox’s car.
The court heard that the defendant was alone in the vehicle but “disappeared” for about 10 minutes after the accident. She then returned to the vehicle and entered the driver’s seat.
Insp McGarvey said that Ms Galligan Fox alleged that, soon thereafter, a man appeared with a small child in his arms and placed the child in the back seat of the BMW.
“An injury claim was later made by the child’s father on behalf of the toddler and a civil action took place,” said the inspector. “However, that claim has since been withdrawn.”
Ms Galligan Fox gave evidence of sitting in her parked car along Bridge Street when a “large whack” caused her to look up. She said that a black car had hit her vehicle on the side.
“I was shocked but I got out of my car and the other lady got out of her car,” she continued.
The witness said she insisted on calling the gardaí although the other woman said there was “no need”.
“She went off and came back about 10 minutes later, got back into the car and sat there. I was in my car waiting for the gardaí when a gentleman appeared with a toddler in his arms.
“He spoke to the lady in the driver’s seat of the other car and then put the child into the back seat. He then got into the driver’s seat and the lady went into the passenger’s seat. He drove the car down the road a little bit. Then the gardaí arrived,” Ms Galligan Fox told the court.
The judge heard that, when gardaí arrived at the scene, they spoke to both women who swapped insurance details.
It was only when Ms Galligan Fox attempted to drive her car away, it failed to move, and she discovered that the wheel on the driver’s side had been badly damaged in the collision.
The witness said that, while it was a dark December night, the area was “well lit” with street lighting.
In response to Insp McGarvey, Ms Galligan Fox said that she was “100% sure” that there were no passengers in the BMW car at the time of the incident.
Counsel for the defendants, Mr Paul Noctor BL, cross examined the witness. He asked if she was “sure” that there was nobody else in the BMW at the time of the collision.
Ms Galligan Fox replied: “There was absolutely nobody else in that car.”
The barrister responded: “My client says that her two-year-old daughter was in a child seat in the back of the car.”
“Absolutely not,” insisted the witness.
The court heard that a district court hearing on November 1, 2019, found against the defendant and Ms Galligan Fox was awarded €3,840.17.
Garda Michael Fallon gave evidence of responding to the accident at approximately 5:30pm.
He recalled having spoken to the driver of the BMW, Ms Lapere.
Gda Fallon said there were no passengers in the car at the time. “I believe her husband was standing at the side of the car at that time.”
He added: “I don’t recall a child being there.”
Louise Sheerin who, was part of the fraud investigation team at RSA Insurance, also gave evidence. She said that an investigator was appointed and he made contact with the defendant, Luiza Lapere.
She said that documentation returned to them, as requested, advised that there were no passengers in the car at the time of the accident.
An audio recording of a phonecall between the defendant and an RSA investigator was also played in court during which the defendant could be heard saying, “No, I was alone”.
The defendant also said that she was “okay” after the accident and confirmed that her car was at her home.
Mr Noctor pointed out that English is not his client’s first language and it was possible that she became confused during the phone conversation.
The recording of the district court hearing, in which it was claimed Ms Lapere perjured herself, was then played for the court.
In the recording the defendant could be heard telling the judge: “Yes, my daughter was sitting behind me in the car and at the time she was only two-years-old.”
Garda O’Boyle, the investigating officer in the case, next gave evidence. He said the RSA reported a suspicious personal injury claim to him in relation to the two-year-old child.
He said he met with an RSA representative who presented evidence including the audio recording and sections of the motor claims form that had been “scored out” such as declarations relating to the claim and sections in respect of witnesses and passengers in the vehicle.
Gda O’Boyle said that, following his inquiries, he arrested Luiza Lapere and Anatolijs Boiko under the Criminal Justice (Theft & Fraud Offences) Act on June 4, 2021.
They were brought to Bailieboro Garda Station where they refused to answer questions in relation to the material damage. “The personal injuries claim was withdrawn,” he said.
In her direct evidence to the court, Lapere, through an interpreter, said that she stopped her car after the crash and “my daughter was sitting in the chair behind me”.
The defendant claimed that somebody hit her car but claimed she drove on a little and then stopped because she was aware “I have to stay at the scene”.
Lapere claimed the “other lady” said “there is nothing terrible and we can leave” but a male passerby told her to ring the Gardaí.
The court was told that the back and side windows of the BMW are darkened and, as such, it wasn’t possible for Ms Galligan Fox to determine if there were passengers in the car.
The defendant admitted to leaving the scene because she was “very worried” about her child and wanted to get in contact with her husband.
At that point, Judge Andrews remarked: “So, you left your two-year-old child for five minutes?”
The defendant replied “yes” but said that she was in shock at the time.
“I got back into my car and waited for the Gardaí to arrive,” she added.
The defendant told the court that her husband only arrived at the scene five minutes after the Gardaí. She said that it was only at that point her husband took their daughter out of the backseat of the BMW.
Asked about the audio recording in which she said she was alone in the car, Lapere said: “I don’t know what I said; I was in stress, I was afraid; I did not understand what they wanted from me.”
She further denied that the signature on the accident report form was hers.
Next to enter the witness box was the second named defendant, Anatolijs Boiko. He gave evidence corroborating that of his wife.
When counsel put it to the defendant that he was being accused of bringing the child to the scene and putting her in the car, Mr Boiko replied: “No, this is not correct; that is absolute lies.”
He said he took his daughter “who was in shock” from the car.
Asked if his wife and daughter suffered any injuries in the collision, the defendant replied: “No, they were just in shock”.
Under cross examination from Insp McGarvey, the defendant said that it was approximately 30 minutes after the collision occurred when he got to the scene.
The Inspector put it to Mr Boiko that Ms Galligan Fox had seen him come from behind her car and place a small child in the BMW.
The defendant responded: “I did not come from behind her car, I came from the front.”
Counsel for the defendants then stated to the court that neither of his clients engaged in the unlawful behaviour for which they appeared accused.
Following her deliberations on the matter, Judge Andrews said the charges before the court were of a “very serious” nature.
She pointed out that, having listened to the audio of the court hearing in November 2019, evidence given by Ms Galligan Fox was consistent.
The judge stated that she was satisfied there was no child in the back seat of Lapere’s car at the time of the accident in December 2017.
“I am also satisfied – after listening to the recording of RSA staff and Ms Lapere – that she knew what she was saying and did not appear in shock during the conversation,” continued Judge Andrews.
“She also said: ‘No, I was alone in the car’ and she is guilty of both offences as charged.”
Meanwhile, in respect of Boiko, the judge pointed to the circuit court proceedings that were initiated by him.
“He is guilty of the offences before the court,” she added.
In mitigation, Mr Noctor said that Lapere has been living in Ireland for 13 years. She doesn’t work outside the home and has no previous convictions.
The court heard that Boiko is employed and has no previous convictions.
Judge Andrews sentenced each of them to two weeks in prison and imposed fines of €1,500.