herald

Tuesday 21 November 2017

'Back injury' man videoed kick-boxing

A MAN may be prosecuted after he tried to sue over a crash injury -- despite taking part in kick-boxing events.

Raymond Smith's case was thrown out by a judge after it emerged that he had been filmed kickboxing over the period following the crash.

The DPP will now examine the footage after High Court judge Nicholas Kearns dismissed Smith's case and sent the video to the prosecutor.

Mr Smith (27) of Lanesborough Avenue, Finglas, Dublin, had sued Lisa Fitzgerald of Lanesborough Square, St Margaret's Road, Dublin, after a road crash on August 19, 2009.

Last November, the Circuit Court awarded him €7,500 for lower back pain he claimed he suffered after the accident.

Ms Fitzgerald appealed that award to the High Court claiming Mr Smith's evidence was false and misleading.

But Mr Smith's case was dismissed by a judge after videos were produced, taken over several years.



disability

The footage was taken on September 19, 2010 and June 11, June 25 and October last year, the court heard.

Mr Smith claimed when he was moving around, he was okay and it was only when he was still that he felt pain.

The accident happened on the Swords Road in Dublin when Ms Fitzgerald hit Mr Smith's car from behind.

He was also told Mr Smith had been involved in a similar accident in May 2008 and got €15,000 in compensation.

Jonathan Kilfeather, for Ms Fitzgerald, said that despite continuous medical treatment, Mr Smith failed to tell his own GP he had competed in martial arts during the time he was being treated and this was designed to mislead the court.

After viewing the videos, Mr Kilfeather put it to him that there was "no sign of disability".

He replied it was only when he was still that he felt pain, not when he moved around.

The court heard a doctor who examined Mr Smith in October 2009 concluded his injuries were not that serious at all but he did not believe he had made an effort to fake an injury.

hnews@herald.ie

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