Judge Urges Wider Action After Seven Jailed Following Hire Cars Case

Judge Urges Wider Action After Seven Jailed Following Hire Cars Case
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A senior judge has asked the Director of Public Prosecutions to personally consider bringing criminal prosecutions over alleged car crash fraud involving millions of pounds and thousands of cases nationwide.

The judge acted after being told City of London Police had decided not to intervene because of "resources" implications.

He was jailing seven expert witnesses employed by Autofocus Ltd for fabricating evidence used in courts up and down the country related to the cost of providing hire cars for motor accident victims.

The experts provided evidence on behalf of insurance companies to show when cases went to trial that hire car companies were exaggerating the prices of replacement vehicles, saving the insurers millions of pounds.

In what is believed to be the first case of its kind, Mr Justice Supperstone said the seven had been dishonest about the local prices of hire vehicles and he imposed prison sentences for contempt of court ranging from 13 months to six months.

The seven had all become caught up in "perjury on an industrial scale", said the judge.

The outcome was a victory for Steve Evans, 58, the recently retired chairman and chief executive of Accident Exchange Ltd, car specialists hit by heavy financial and job losses because of the bogus Autofocus pricings, the court was told.

Angered by having to make 300 of his workers redundant, Mr Evans fought on for justice by bringing a civil action against the seven after the City of London Police decided not to start investigations to prosecute Autofocus bosses for alleged fraud.

Mr Evans said he could not bring contempt proceedings against the bosses themselves, except for one director, because of a lack of evidence that they themselves were guilty of contempt.

Mr Evans said he was "appalled" when the police refused to take action in 2014 despite him handing them evidence from an external hard drive on to which the Autofocus liquidator had copied the company's computerised records - referred to as the "Mirror Disk" - which contained evidence of relevant phone calls and documents.

Jailing the seven, Mr Justice Supperstone paid tribute to Mr Evans' efforts, and added: "What is very disturbing is that (Mr Evans) says he was told that the police did not want to receive the Mirror Disk as part of an investigation because they did not have the resources to analyse it."

The judge said: "In the light of the history of this matter I request the DPP personally to consider what, if any, action should be taken, in particular against those persons who were controlling and managing Autofocus at all material times."

The judge directed that his judgment and sentencing remarks should be passed to the Director of Public Prosecutions along with the papers in the case.

Welcoming the judge's decision, Mr Evans said: "I think what happened is quite sad.

"These (jailed) individuals have had their lives ruined after being corrupted by this organisation (Autofocus).

"I am pleased that the papers have been sent to the DPP. The City of London Police wrote to me several times to tell me that they could not take on the evidence on the Mirror Disk because they would have to 'read it, review it and retain it', which had serious resource implications for them.

"That was an appalling decision. It was my darkest moment."

Autofocus provided insurance companies with expert rate surveyors who disputed the daily rate hire car specialists Accident Exchange could claim for providing replacement vehicles.

The experts were jailed for untruthfully stating that they had checked the spot rates for comparable vehicles within a locality and that the Accident Exchange charges were inflated and excessive.

In six cases, the experts perjured themselves when they gave evidence on oath when disputes went to court, said the judge.

Accident Exchange told the court it estimates that 30,000 cases were affected by the defendants signing false statements of truth after making rates reports.

The dishonest actions of Autofocus and the defendants hit the share price of Accident Exchange.

It led to losses in excess of £100 million, with 300 employees being made redundant.

Mr Justice Supperstone ordered the seven to pay legal costs which could reach some £1.5 million.

He declared: "The evidence that (Autofocus) was involved in the systematic, endemic fabrication of evidence in which the defendants and each of them knowingly and actively participated throughout the material time is overwhelming."

Autofocus expert and team leader Nathan George Broom, from East Anglia, was jailed for 10 months; company director Elaine Carlton Walker, from Gloucester, received 13 months, one week; and team leader Duncan Carl Sadler, from Oxford, was jailed for 12 months.

Four other defendants, referred to as "foot soldiers" received lesser penalties - Andrew Watts, from the Wirral, Liverpool, was jailed for seven months; David James, the Wirral, eight months; Laurence Gray, Oxford, six months, three weeks; and Keel Broom, from Beccles, Suffolk, received six months.

Unlike the other six, although guilty of contempt in making false statements, Keel Broom never perjured himself by lying in court.