Oireachtas Joint and Select Committees

Tuesday, 9 July 2019

Joint Oireachtas Committee on Finance, Public Expenditure and Reform, and Taoiseach

Insurance Fraud: Discussion

Mr. Pat Lordan:

We would have to look at each case. Our burden of proof is that something must be beyond reasonable doubt in order to allow us to prosecute a criminal case. We have a couple of those cases on our books at the moment. When they arrive as complaints, the feeling we get is that they are very easy cases to prosecute. However, when we dig into it we find that in the civil court in which the insurance company is dealing with it, the complainant is more than likely obliged to get into the witness box and can be challenged on the evidence he gives in court. In a criminal case, he is not obliged to say anything to us when we knock on his door. I know of cases where gardaí have called to somebody's door and have been told that the person has nothing to say in respect of the case. Often, there is not sufficient evidence to make an arrest.

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