Aqua aerobics instructor withdraws damages claim after being branded 'a liar' in court
Ray Managh
Jake Finn, former aqua aerobics instructor, was branded “a liar” in the Circuit Civil Court today in a €60,000 damages claim he was forced to withdraw.
Leading defence barrister Shane English told him that for years he had been drawing social benefits on the basis he had to give up his job because of chronic back pain – while at the same time driving and loading vans for a friend.
“You have just told this court you have never worked since your alleged accident in 2015 and I am going to prove to the court that you are a liar,” Mr Finn. “You are a liar,” Mr Finn. “A liar.”
Mr English told Judge Terence O’Sullivan that the defendant, Dunlaoghaire-Rathdown Leisure Services Limited, had put Mr Finn under observation after he had made his €60,000 claim against them and he had photo evidence of him driving and loading vans when he was claiming disability benefit while alleging he was unable to work.
Finn, 43 of Sheelin Walk, Ballybrack, Co Dublin, claimed that he had slipped and fell because of pooling of water by the side of a swimming pool where he was conducting an aqua aerobics class at the Blue Pool, Monkstown, Co Dublin.
He said he had not been able to work since the September 2015 accident because of lower back pain and agreed he had been on disability benefit.
When Mr English asked him was he sure he had not worked since Finn told him he had not worked.
“You are a liar and I will show that you have worked as a van driver,” Mr English said as he held up an investigator’s photos of him loading a van and sitting behind the wheel of a van.
Judge O’Sullivan said that at this stage Mr Finn’s legal team may wish to consult with Mr English, who appeared with Hayes McGrath Solicitors for Dunlaoghaire-Rathdown Leisure Services Limited.
When the parties returned to court after about 10 minutes Finn indicated to his counsel that he wished to withdraw his claim. Judge O’Sullivan said he thought it was the best decision in the circumstances and awarded costs against Mr Finn.
