Galway Advertiser 2007/2007_07_26/GA_2607_E1_014.pdf 

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14 N E W S

www.galwayadvertiser.ie

July 26 2007

Suspended sentence and hefty fine for man who set fire to his own van
An apprentice carpenter who burnt his own van and then tried to claim on his insurance policy, was given a suspended 12month sentence, disqualified from driving for two years and fined 5,000 at Galway Circuit Criminal Court for wasting Garda time in the follow-up investigation. Mark McConnell (24), a native of Dublin who moved to Cappaghmore, Kinvara, with his family five years ago, pleaded guilty to damaging a Volkswagen Transporter, insured for 8,000, belonging to himself at Dunguaire East, Kinvara, on October 30, 2005, with intent to defraud. Sergeant Pat Fahy said that FBD Insurance were suspicious from the start when McConnell contacted them on November 1, 2005, telling them his van had been stolen and partially burnt out two days beforehand. The court heard McConnell had driven into Galway on October 29 and had gone drinking with a friend. They left for Kinvara later that night in McConnell's van. He clipped a parked car leaving the city and kept going. He had a flat tyre in the front as a result of the collision but he kept going and by the time he reached Dunguaire Castle, on the outskirts of Kinvara, he was `rimming' it. He took his tools out of the van and ripped out the steering column to make it look as if the van had been stolen and he then set it alight. McConnell told his father the next morning that the van had been stolen from the village while he was in Galway with a friend the night before. His father rang the Gardai and they launched an investigation. McConnell admitted the following April that he had told his father, Sgt Fahy and an FBD representative a "cockand-bull" story. In a statement given to Sgt Fahy, McConnell said that once he lied to his father he had to keep up the pretence and he hoped it would all just go away. The court was told that while McConnell had called the insurance company on a number of occasions and had even called into their offices once in Galway, enquiring about the progress of his claim, he had never really pursued it with "vigour." Defence barrister, John O'Donnell said his client had a problem with alcohol and had only come to realise that following this incident. He said his client's father had given him the van to get him started in life and he felt that he could not "come clean" with his father and tell him the truth. He said a probation report compiled on his client described the incident as "an act of madness", and his client now accepted that was the case and that his judgement had been clouded by alcohol on the night. Passing sentence, Judge Raymond Groarke said one lie had borrowed from another and the accused found himself in a situation he could not get out of. He noted the accused was clearly intoxicated while driving from Galway to Kinvara that night and while that was the case he had set about in a very careful and planned way to damage his own van so that he could attempt to defraud the insurance company. "He determined in the heat of the moment literally- that he would set fire to his own van, but not before taking his tools out of it first," the judge said. Judge Groarke said McConnell didn't have the heart to pursue the insurance claim but had he done so, he would have been looking at a much greater sentence. He suspended the sentence on condition McConnell come under the supervision of the Probation Service and obey their directions at all times for two years.

Kim Tighe, Lydon Court at the launch of the Clayton Hotel's Quintessential guide to the Galway Races and their Race Week programme. Photo:-Mike Shaughnessy

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