A HIGH Court judge is to hold a hearing into whether a plumber gave false evidence in his compensation claim against his employer.
Leo McKenna (43), Tullyhall Drive, Lucan, Co Dublin, initially claimed damages on the basis he was unable to work for 9½ years having allegedly injuring his knee falling from a ladder on a building site in September 2001.
Mr McKenna’s action against Paddy Dormer, trading as Paddy Dormer Services, Churchtown, Dublin, opened on Friday when the court heard he was no longer claiming for loss of earnings over 9½ years but for six months.
Asked about this change of claim by Séamus Noonan SC, for Mr Dormer, Mr McKenna said he had been advised to claim for nine years and his solicitor allegedly told him “that is how it works”.
The case was adjourned to yesterday when Patrick O’Connell SC, for Mr McKenna, said Mr McKenna’s lawyers no longer wished to represent him and asked the court for permission to come “off record” in view of the allegations.
Mr McKenna said he did not wish to pursue his claim because he had “lost all faith” in his legal team. Mr Justice John Quirke deferred the request to come off record until after cross-examination was completed.
Prior to that cross-examination, the judge warned Mr McKenna he did not have to answer any questions which might incriminate him. The judge told Mr McKenna it was being alleged he told lies in the witness box – a criminal offence. When Mr McKenna returned to the witness box, he replied “No comment” to almost every question, including whether he had told a vocational assessor, in preparation for the hearing, that he had had no alternative paid employment for the last five years.
He made the same reply when asked whether he had signed invoices for work allegedly carried out by him between 2007 and 2010. The judge then granted Mr McKenna’s lawyers their request to come off record and told Mr McKenna he wanted to see him in two weeks for a trial on a separate and discrete issue of whether he had given false evidence. Mr McKenna could represent himself or get other lawyers, the judge said.