Fake claims for personal injuries, made against an insurance company by a man involved in a staged road traffic accident, were dismissed at Galway Civil Court.
Flavius Grancea (22), who lives with his in-laws, the Samu family, at 33 Fana Glas, Ballybane, sued his house mate, Alexandra Badila, for injuries to his back, left knee and head, which he claimed he had sustained in a two-car collision on April 8, 2014.
Grancea also made a separate, second claim for personal injuries against Axa Insurance DAC.
The insurance company fought the case, contending the ‘accident’ had been staged for the purpose of making false insurance claims.
The court heard that Badila, who was unemployed had bought a Saxo car for €500 and obtained insurance from Axa on March 27, 2014 – twelve days before the ‘accident’ occurred.
The front seat passenger in the Audi A4 car, which the Saxo had purportedly rear-ended, was a Romanian woman named Wirginia Qutja, who had paid a €200 deposit to secure Badila’s Axa insurance policy.
Róisín McGuinness from Axa’s special investigations unit, told the hearing Ms Qutja was already an Axa customer at the time of this incident. She said that during her investigation of the plaintiff’s personal injuries claims, she noticed that Ms Qutja’s mobile phone number and email address were used to contact the insurance company for a quote two weeks before the insurance policy was taken out for the Saxo car and that Qutja had paid the deposit.
Only two instalments were subsequently paid and the policy was cancelled by Axa on June 14, 2014 for non-payment of instalments.
She said Ms Qutja also made a claim against Badila’s insurance policy and Axa for personal injuries in relation to the collision, but withdrew her claims when told by the insurance company that she was being joined to the proceedings before the court as a co-defendant.
Neither Badila nor Ms Qutja were present in court.
With the help of a Romanian interpreter, Grancia told the hearing he was a front seat passenger in a Citroen Saxo car being driven by Badila. His pregnant wife and his mother-in-law, Tita Samu, were back seat passengers.
He claimed their car, which was travelling from Fana Glas to Cluain Riocard, rear-ended an Audi A4 (being driven by Alexsander Qutja) which braked suddenly as it approached the Bothar na Choiste junction with the Tuam Road on the outskirts of Galway city.
He said he got out after the impact and dragged his pregnant wife from the back of the car.
Someone rang the emergency services and three fire brigades and three or four ambulances arrived on the scene.
John O’Donnell, BL, who represented Axa insurance, put it to Grancea that while Gardaí who examined the scene found the Saxo car was effectively written off, there was no corresponding damage to the rear of the Audi, save for a popped brake light cover.
Mr O’Donnell said no collision could have occurred because the Saxo was found by Gardaí 15 metres behind and up a hill from the Audi and its extensive damage was inconsistent with the lack of damage to the rear of the Audi.
In reply to the barrister, Grancea said he was an honest man and had never been in court before.
Detective Garda Bernard McLoughlin, who investigated the alleged accident, gave evidence to the contrary.
He said this accident had occurred at around 10.30pm on the date in question and Grancea had appeared before Longford District Court just hours beforehand and had subsequently received convictions for theft and possession of weapons.
Det. McLoughlin said that he had never come across an accident like this one before. “Nothing added up. It made no sense. In my twelve years attending the scenes of accidents, alarm bells started ringing with this one.
“The firemen had to cut the roofs off the cars to get the people out. It didn’t appear to me that anybody was injured. Nothing matched up. It was very different to any other RTA I ever attended,” he said.
He pointed out that there was no debris on the road to indicate the point of the supposed impact.
He said no criminal proceedings had been brought as yet because the investigation was still ongoing and a file on alleged fake, staged accidents was being compiled at present.
Grancea, the court was told, got on a stretcher and spent a few hours in A&E before being told to go home and see his own GP. Two medical reports handed into court stated he suffered only superficial soft tissue injury.
Grancea said his wife had been kept for a few days in the hospital. He denied a suggestion that she had not been in the Saxo car at all. She was not present in court.
Judge John King said that placing everything else aside, and just looking at the photos of both cars, along with the location of the vehicles at the scene and the inconsistencies of Grancea’s evidence, he could not find for the plaintiff and dismissed his claims for damages. He also awarded costs in favour of Axa.
Survey to look at parking and transport in Salthill
Residents, businesses and visitors to Salthill have been encouraged to take part in a survey being carried out by the City Council as part of a parking management study.
The study – funded by the National Transport Authority – will explore active travel (walking, cycling) measures along the Prom and will make recommendations on the regulation of parking in the Salthill area.
The Village Salthill group – which represents businesses in that area – have asked everyone to participate in the survey to ensure that the interests of all sectors are considered.
Pete Kelly, spokesperson for Village Salthill, told the Galway City Tribune that they wanted to approach the issue in a reasoned way – starting with participation in the survey.
“We will be engaging with the City Council, and the councillors, in a constructive manner on the whole parking issue but the vital thing for people to do now is to take part in the survey.
“Last year’s summer tourist season was largely rescued by the numbers of family groups who visited the resort and they are people who in the main use their cars to get here.
“We are also looking a population base of around 20,000 people in the Knocknacarra area who would be interested in looking at a better way of life in terms of movement and greater use of public transport,” said Mr Kelly.
Local councillor, Donal Lyons, told the Galway City Tribune that there were many different views to be taken into account as regards parking and traffic management in the Salthill area.
“I am appealing to residents of the Salthill and overall area to respond to this survey and to make their views known. Sometimes, surveys like this, can be dominated by lobby groups. Make sure as locals to have your say,” said Cllr Lyons.
Jimmy Callan, Acting Senior Engineer with the Council said that while the character of Salthill had changed over time, the area still retained its distinctive character and amenity value.
“The purpose of this parking study is to establish a relationship between how people are using Salthill, and where they choose to park.
“Previous public consultation in relation to Covid measures in summer 2020 showed that there is a strong demand to look at how travel and parking is managed in Salthill in the longer term,” said Mr Callan.
Submissions can be made at activetravelgalway.ie and the deadline is Saturday, July 10.
Telecoms company seeks permission to continue work halted by Council
Eir has sought permission to retain a concrete foundation it constructed for a mast at Drom Oir in Knocknacarra – a site where the communications company was forced to abandon works in April after the Council deemed it an unauthorised development.
The telecoms company is also seeking permission for the installation of a mast 12 metres in height, carrying an antenna, as well as ‘ground-based equipment cabinets and all associated site development works for wireless data and broadband services’.
Residents opposed to the structure have citied serious concerns over the potential visual impact of the mast, as well as the impact it may have on the values of their properties.
In the application, it is stated that the structure will be coloured in a galvanised finish, assimilating with ‘the typical sky colour in Ireland and surrounding built form’, but says it will be possible to use a green paint finish which could be requested by way of a conditional grant of planning permission.
“The proposed height, colour and design represent the best compromise between the visual impact of the proposal on the surrounding area and meeting the technical requirements of the site.
“Taking all matters into account, it is considered that this proposal which is to provide new 3G (data) and 4G (high speed data) broadband services, for Eir Mobile and a second operator on a single structure as opposed to having eventually two separate structures in this area, would not be discordant within the local environment.”
The application argues that the proposed development benefits from an existing wall (which partially screens it from the housing estate), a line of vegetation, semi-mature and mature trees along both sides of the Western Distributor Road, which will help to screen the site from this direction.
The structure is described as ‘an attractive pole’ that will blend with the area and give significant benefits by providing the ‘most up-to-date wireless broadband and data services.
Eir notes that it is aware of its requirements in relation to management of electromagnetic field radiation and states it is ‘committed to management of risk to our employees, members of the public and any other groups who may be affected by our networks’.
It states that all their radio base stations are ‘safe by design’ to meet international health and safety standards and best practice.
In a submission to Galway City Council, Leitir Búrca residents Oran Morris and Rebekah D’Arcy have objected to the proposal on grounds including that there are deficiencies in the application; that the mast is in close proximity to residents; and that the development will devalue property.
They contest the assertion that the mast will ‘improve coverage in the surrounding rural area’. “The predicted improvements to coverage do not include a single third class road. This justification is clearly for a rural area and not applicable to Galway City.”
They state that the proposed location of the mast is at the heart of a residential area, within 100 metres of 52 houses, with the closest at 51 Drom Oir which is just 29 metres away.
This, they argue, is in contravention of the City Development Plan, which states “only when a number of other possibilities have been exhausted, masts may be erected within or in the immediate vicinity of residential areas”.
They stress that the structure is unlike any other structure along the Western Distributor Road and will be out of character and visually obtrusive.
“The proposed development would be in direct line of sight from every front-facing window in our property, which is located 52m away . . . this is also true for numerous other properties in Leitir Búrca.
“These factors combined would undoubtedly decrease the value of our property. We retained the services of two separate registered auctioneers to value our property and estimate the devaluation due to the mast. Both reports estimated the devaluation to be between €90,000 and €100,000,” they state.
‘Excessive’ Galway Docks hotel rejected by planners
Galway City Council has turned down scaled-back plans for a 10-storey hotel at Galway Docks, branding it “excessive”.
Last September, Summix BNM Developments lodged a planning application with the Council for a three-storey to eleven-storey hotel (with a rooftop bar and function area) on site of the former Bord na Mona coal yard at the Docks.
The plans also included a restaurant, coffee bar and terraces.
However, the Council sent the company back to the drawing board and told it to revisit the overall scale, height, massing and intensity of the development, but said that the architectural quality of the proposed building is of a good standard.
Planners said there would be a “resultant overbearing expression” onto the Forthill Cemetery and the Long Walk ACA (Architectural Conservation Area). They sought a detailed assessment of the visual impacts on the graveyard.
The Council said that with a height of 38m and length of 70m-90m facing Bóthar na Long and Forthill Cemetery, the building “is not considered to assimilate well; lacks integration with the existing urban form; fails to achieve the visions and aspirations of the Galway City Development Plan . . . detracting from the character and setting of the area”.
The developers came back with scaled-back plans – they reduced the scheme to a maximum of 10 storeys (a height reduction of three metres) and the number of bedrooms reduced from 186 to 174 on the 0.55-acre site.
In its decision to refuse planning permission, the Council said the excessive density, scale and height on a very constrained site would represent overdevelopment of the site and would have a detrimental impact on the character and setting of Forthill Cemetery.
“The development does not adhere to the principles of good urban design set out in the Galway City Development Plan and in this regard, it is considered to lack the capacity for integration with the existing urban form, contribute positively to street enclosure and fails to sympathetically assimilate with Galway’s townscape,” the decision reads.
A submission from the Harbour Hotel – located opposite the site – welcomed the redevelopment of the vacant site but said the build and massing of the building would create “a visually dominant feature on this prominent corner location which will have an overbearing impact on the street scene and Forthill Cemetery”.
It added that the height would have a detrimental impact on the existing built and natural heritage of the area.
The submission also noted there were no carparking spaces provided in the plans, and there is a shortage of spaces in the city centre.
The Harbour Hotel submission claimed that the additional bedrooms would result in an overconcentration of tourism accommodation and an “excessively transient” population in the vicinity of the site.
City Council Heritage Officer, Dr Jim Higgins, said in his view the site should not be developed as the possibility of fort-related archaeology being present there is high.
He said that in the 1960s, a well was found on the CIE side of the site, close to the boundary wall.
According to the planning application, demand for hotel rooms in Galway will exceed “pre-Covid” levels by 2023.
“Provision of hotel accommodation at this location will enhance overall visitor experience on offer in the city, with convenient access to a broad range of attractions, as well as present a major new opportunity to capture a proportion of the spend generated by visitors to the area in a part of Galway City that has been in decline for many years,” the application reads.
Summix – which is headed by British technology entrepreneurs Shukri Shammas and Tareq Naqib – has already partnered with Galway developer Gerry Barrett on the approved plans for 360 student bed spaces on a site at Queen Street, behind Bonham Quay.
They have also partnered on the recently-approved €320m regeneration proposal at Ceannt Station called ‘Augustine Hill’, which includes homes, a new shopping precinct with four public squares, a multiplex cinema and eleven streets linking the city centre with the Docks and Lough Atalia.
Image: An architect’s impression of the hotel (with red facade) alongside the Bonham Quay development