Accident Law

The man who tried to degree car twist of fate jailed for a 12 months

A man who threw himself in the front of an automobile and then claimed damages towards the motive force has been jailed for a yr.

Waquil Alatise (52) admitted creating a fake statement at Clondalkin Garda Station on January 17th, 2015 intending to expose that every other person had committed a riding offense.

The father-of-six of Russell Walk, Fortune’s Way, Tallaght, Dublin pleaded guilty at Dublin Circuit Criminal Court on the day of his scheduled trial in February this year.

The courtroom heard Alatise collapsed in the front of the lady’s vehicle as she waited to exit a vehicle park, then falsely claimed she had hit him even as speaking on her cellphone.

Passing sentence on Friday, Judge Elma Sheahan condemned Alitise’s “premeditated behavior” which she said caused the victim “giant misery and upset” and “made her lifestyles a misery” up until his guilty plea.

“It’s a most extreme offense,” stated the decision. “It demonstrates a high level of culpability and the very best diploma of intent.”

She sentenced Alatise to 16 months in jail however suspended the very last four months, on the situation that he holds the peace for four months after his launch.

Judge Sheahan said Alatise’s motivation has been to defraud the lady’s insurance employer and that he had submitted a declaration to the Personal Injuries Assessment Board, which he had considering that withdrawn.

Judge Sheahan stated despite proper mitigation; she became forced to give Alatise a custodial sentence given the effect at the victim and “the need, in standard, to discourage this sort of behavior”.

Garda Colm Byrne instructed Barry Ward BL, prosecuting, that he changed into called to the Mill Centre car park on the Old Nangor Rd, Clondalkin, on November 8th, 2014.

A female who has been driving her husband’s car, on which she turned into insured, informed gardaí she had been waiting to go out the automobile park with the hand spoil engaged while she saw something out of the corner of her eye.

She stated she noticed a rucksack jutting out from her front passenger wheel and a person lying on the ground. The woman said she got out and asked the person if he changed into k, but he wouldn’t a solution.

She rang 999 and changed into “adamant” that she had not hit the person as her car have been stopped at the time.

An eyewitness at the scene, Patrick O’Leary, later advised gardaí­ he had seen the driving force stopped for a few seconds at the car park front while a person walked throughout in the front of her vehicle and collapsed.

Gda Byrne said Alatise made a civil claim to PIAB in October 2016, quickly earlier than the 2-yr declare window expired. Alatise later wrote to AXA officially chickening out his claim. He has no previous convictions in Ireland or the United Kingdom.

In a sufferer impact statement study out on her behalf, the female said she become outraged on the accusation of awful driving that had been made in opposition to her.

The girl stated the ordeal had affected her confidence when driving and that she became now fearful at the roads. She said the accused had her “doubting herself” and that it had taken her a totally long term for her accurate name to be cleared.

Kim Moloney BL, defending, stated her client had moved to Ireland from Lagos, Nigeria in 2008 beneath the Family Reunification Programme.

She said Alatise suffered a mental illness in 2013 and his marriage sooner or later broke up, however, that he remarried closing year and his 2nd wife lives in Lagos.

The court docket heard Alatise has been an Irish citizen considering that 2012 and works numerous jobs to support his children and ex-wife, who suffers from polio.

Ms. Moloney provided numerous testimonials on behalf of her consumer and said Alatise had a terrific paintings history and first-rate schooling.

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