Garage fire leads to vehicle fraud charge

Press, 21 February 1986, Page 7

Garage fire leads to vehicle fraud charge

An accidental fire caused by gas-cutting equipment, in a garage in which a car was being stripped led to the fire brigade being called and police investigating the matter and uncovering an alleged car insurance fraud conspiracy. The investigations led to the appearance of four men in the District Court yesterday before Judge Sheehan and a jury on a joint charge of conspiring by deceit, to defraud the Commercial Union General Insurance Company by arranging the taking of a Holden utility vehicle, to obtain payment on a fraudulent claim for insurance against the company.

The defendants are Michael William Retallick, aged 20, a cutter (Miss K. G. Feltham); James Christopher Tawhara, aged 38, a reading contractor (Mr P. J. Rutledge); Shane Michael Tawhara, aged 18, a fabric layer (Mr P. D. Woolley); and Darryl Wells, aged 22, a cutter (Mr A. N. D. Garrett). The charge relates to the period between August 1 and September 23, last year. The trial began on Wednesday afternoon and will continue today. Part-way through the prosecution’s case yesterday, Wells was discharged, on the application of Mr Garrett, who

submitted that there was insufficient legally admissible evidence against Wells on the charge of conspiracy. The only evidence was in the statements of alleged co-of-fenders. Wells was then called as an additional witness by Mr D. J. L. Saunders, who prosecuted for the Crown. Mr Saunders, in his outline of the Crown’s case, said that at the time of the alleged offence James Tawhara was in partnership in a reading contracting business. His son, Shane Tawhara, worked at a clothing factory with Retallick and Wells. It was as a result of this association that a plan was formed for the utility vehicle to be taken from James Tawhara’s home on September 7. The Crown alleged that the arrangement was entered into principally between Retallick and James Tawhara, but that Shane Tawhara assisted by acting as a go-between and was fully aware that the vehicle was to be taken by Retallick. Wells was also aware that the vehicle was to be taken, and assisted in that part of it, the Crown claimed.

Mr Saunders said it was alleged the reasoji for the arrangement was to obtain a payment on a fraudulent claim from the Commercial Union Insurance Company.

Mr Saunders detailed moves relating to the alleged conspiracy, in which he said it was arranged that the vehicle be "stolen” from James Tawhara’s home while he was out for the evening. Retallick and Wells travelled to Tawhara’s home and the vehicle was driven to Wells’s garage, where the two began stripping it. “Everything so far had gone according to plan and had it not been for Retallick’s accidentally setting fire to the garage this matter might never have been investigated,” Mr Saunders said. Shortly before 2 a.m. on September 8 Retallick started a fire while using gas-cutting equipment and the fire brigade was called. The police were informed and spoke to Wells and Retallick. James Tawhara returned home and made a complaint to the police that his utility vehicle had been stolen. A claim was then made to the insurance company. Subsequent interviews indicated that the vehicle had been taken by arrangement for an insurance claim to be made, the Crown alleged. Mr Saunders said evi-, dence would be that, allowing for the vehicle’s pre-damage stated, it would have a trade-in price of about $4OOO and a retail price of $7OOO, well below the $ll,OOO for which it had been insured, and which was the amount claimed from the insurance company after the vehicle had been reported stolen.

Wells, in evidence yesterday after he had been discharged as a defendant on the conspiracy charge, detailed his accompanying Retallick to James Tawhara’s home to take the utility. It was then driven to Wells’s garage and Wells “generally helped to dismantle it.” Wells said he was going to get the engine of the dismantled vehicle. He said he had said that everything had to be removed from his garage by the Sunday (September 8). Retallick said he had to cut the vehicle up “in a million parts.”

He said he did not know much about the “insurance job.” He did not do any of the organisation of that.

A worker at the clothing factory said he overheard discussion between Retallick and Shane Tawhara that the utility vehicle was going to be stolen. He did not think they were serious and thought it was a joke.

In questioning by, or statements to, detectives, Ratallick said he told police who called at the garage that he had stolen the vehicle. Shane Tawhara said he had never suggested to Retallick or Wells that they should steal the vehicle as an insurance rip-off. James Tawhara said he had never asked Shane Tawhara to set-up the theft of the vehicle, and never asked Retallick to take it