Man acquitted of car scam at Trim Court

THE "sale" of a stolen Lexus car to a Ballyjamesduff mechanic at a Clonee pub car-park formed the centrepiece of a two-day trial at Trim Circuit Court last week, where a jury found Wicklow man Barry Murphy not guilty of handling the stolen vehicle or inducing the mechanic to buy it.

A third charge of gaining by deception was withdrawn by the DPP.

Murphy (32), 4 The Cedars, Upper Dargle Road, Bray, pleaded not guilty to the three offences.

Darren Cummins of Broadfield Grove, Kilbarrack, Dublin, told the court that he had bought the Lexus in November 2003 and registered as its owner. He bought it as a present for his girlfriend but, in April 2004, it was stolen when parked at Rosemount Avenue, Artane.

Witness attended at Santry Garda station on 3rd January 2006 where he identified the car from marks on the back door and cuts from a child's seat in the back.

Mr Jonathan Kilfeather, DPP barrister, read out the statement of Lee Cutner of Car Buyers' Guide, outlining the purchasing of an advert for the Lexus 200 in its issue of 8th July 2004 by a customer calling himself Mark Daly of Balbriggan.

John Lovett, Ballyjamesduff, told the court that he saw the advert and contacted the man who called himself Mark Daly. They arranged to meet at a Clonee pub car-park in mid-July, where a man introduced himself as Paul Daly, representing himself as Mark's brother.

They agreed to a deal of €13,000 cash and Lovett's Honda Accord car for the Lexus, following which, they "exchanged paperwork". Subsequently, Sgt Kevin Gavigan seized the Lexus.

Ronald Flood told the court that he was a panel beater in Ballyjamesduff and friend of John Lovett whom he accompanied to Clonee to check the Lexus.

David McMahon told the court that he had been school pals in Lucan with Barry Murphy, who contacted him 12 years later, in July 2004. Murphy told him that a car deal had been done and he (McMahon) was "just to pass it on to someone else" for which he would get €1,000. Murphy told him "to call myself Dave or Mark Daly" and arranged for him to meet that person in the Clonee car-park.

Murphy remained in a parked car half a mile away and took the Honda and the money after paying him (McMahon) the €1,000.

Sgt Kevin Gavigan, Bailieboro', confirmed to the court that he had seized the Lexus and handed it over to Det-Garda Brian O'Connor.

The detective told the court of spotting David McMahon arrive in a Honda Accord and leave in a Nissan Primera from a Lucan hotel car-park on 30th July 2004.

Witness examined the Accord, finding the keys under the driver's wheel and a mobile phone and driving licence in the name of Paul Daly of Swords. He had the car removed to a secure car compound at Santry Garda station and then checked with Sgt Gavigan.

Witness said that he subsequently searched McMahon's home in Lucan and arrested him. He then got a search warrant for Murphy's apartment in Bray. He arrested Murphy, who denied advertising the car or ever using either Daly's name or living in Maynooth.

Det-Garda Trevor Dooley of the National Bureau of Criminal Investigation told the court that he brought Darren Cummins to Santry, where he identified the Lexus as his.

James O'Driscoll told the court that he lived and worked in west Cork but travelled on business in his van about 12 times a year to Dublin. He confirmed its Dublin registration, the same as that found on the Lexus when seized by Gardai.

Judge Michael O'Shea rejected lengthy legal argument from Mr Kevin Segrave, Murphy's barrister, and refused to give a direction to the jury.

Mr Segrave contended that there was nothing to link Murphy to the car deal except the "say so" of David McMahon. It was possible that there had been only one person involved, the one John Lovett had met and who the Ballyjamesduff man had conceded might have been the same person who he had spoken on the phone to.

The barrister cautioned that McMahon had taken part in a dishonest transaction and the evidence of an accomplice had to be watched carefully. The judge warned that it was unsafe to convict on the uncorroborated evidence of an accomplice.

The jury returned after half an hour with not guilty verdicts for the two remaining charges.