CHARGE OF “FRAMING” CAR ACCIDENT

Dominion, Volume 28, Issue 285, 29 August 1935, Page 5

CHARGE OF “FRAMING” CAR ACCIDENT

Two Men Indicted

YOUNG WOMAN’S EVIDENCE OF CONSPIRACY

With the allegation that they had made a street accident “frame-up,” a charge of conspiracy to defraud the National Insurance Company of £625 18/- was preferred in the Magistrate’s Court, Wellington, yesterday against Thomas John Lucinsky, 2S, and William Herbert Miller Duncan, 34. Both pleaded not guilty and reserved their defence for the Supreme Court, to which they were committed for trial.

Evidence was given that the two staged a collision in Wellington on March 4 between Duncan and a motorcar driven by Lucinsky. It was stated that Duncan complained of injuries at the hospital, remained a patient there for about six days, claimed compensation from the insurance company, and was refused this in a" Supreme Court judgment. , Detective-Sergeant Revell, who conducted the prosecution, said Lucinsky was an habitual criminal. At the present time both he and Dunean were in Mount Crawford jail on other charges. The case was heard by Mr. E. D. Mosley; S.M. Mr. C. 11. Arndt appeared for both accused. “No Visible Injuries.” Dr. Noel Frederick Charles Hill, of the Wellington Hospital, said Duncan was admitted there on March 4. He said he had been struck by a car on rhe knee and in the back, and complained of pains in the head and back and in the base of the right thumb. There were no visible signs of injuries. Examination showed that there was an injury to the thumb of some .previous standing. X-ray examination revealed no bone injury. Duncan was in hospital from March 4 to March 9, when he was discharged at his own request. Robert George Sadd, hairdresser, of Wellington, gave evidence that on the morning of March 4 he turned from The Terrace into Gbuzuee Street, and looking

across the road saw a motor-car coming aloug two or three yards from the kerb. “Just after the car passed me I saw a man spinning in the centre of the road, said witness. "Ho was behmd the car, and I saw him fall straight backward, his feet straight out and bis arms to lub sides. I went to him and he appeared to be unconscious.” The driver of the car, whom be now knew to be Lucinsky, helped witness to pick up the man. The driver said he did not know the injured man. “I did not see the injured man about the street before I noticed him spinning in the road, witness proceeded. “I asked the driver where the man had come from—whether he had fallen out of the back of the car. I don’t think he replied. He took my name and address. I did not see anybody but Lucinsky in the car. No horn was sounded, and thd man ou the road did not call out. although some women nearay screamed. I did not see the car bit the man.” . Duncan's Previous Claims.

Evidence that he had seen Duncan and Lucinsky together in Wellington on a number of occasions and had seen them both in Lucinsky’s car was given by John Richard Gibson, marine and aero engineer. He said that Duncan, .when working as a labourer for the same firm tha„ employed witness, had made three claims for injury compensation. None of them were successful. x , Mr. Arndt objected to the last part ot the evidence. .. Miss Molly Findlay, . domestic, said Lucinsky and Duncan bad lived fora time at the Columbia Hotel, and they were the best of chums always. Together, she thought, they had once made a car trip to New Plymouth. On March 4 Lucinssy told witness he had knocked Bill Duncan down in the street. He said the injuries were “not very serious.” “Lucinsky told me it was a frame-up, so they could get some insurance money, she continued. “They said they would be able to work it all right if I didn t tell the police it was a frame-up. I thins Bill Dunean was to have: got the money. It was to have been given to me and I was to hold it until Tom had served his sentence for other things. . . Tom and Bill were very sure of getting the money, but I told them they would not get it, because the police were working on the “Claimed Too Much.”

Later one of the' two accused remarked that they might have claimed too much from the insurance company, witness continued. She had heard the two in conversation to the effect that they must be complete strangers. She herself was told she was not to know Duncan if inquiries were made. Lucinsky told her their arrangement had been that’ Duncan was to walk out on to the road in front of Lucinsky’s car at: the corner of Ghuznee Street and The Terrace. Walter William Withey, insurance, assessor, said that on March 4 he received a message to attend the National Insurance office, and found Lucinsky reporting the accident. Lucinsky gave Duncan’s name and address, asid there was a witness called Sadd, and accompanied Withey to the scene of the supposed accident. There were skid-marks on the road. Dunean’s claim was contested by the company and was heard in the Supreme Court, where judgment was given to the company. Duncan had made four pre vious compensation claims from the company in 1934. Mr. Arndt objected to this evidence. Detective W. Ritchie said he interviewed Duncan on May is. Dunean said the collision' knocked him unconscious. He was still convalescent, and he would not be fit. to work for several more months. It was when he was in hospital that he learned the name of the ear’s driver. On June 6 witness interviewed Lucinsky, who was at Mount Crawford jail on remand from Levin in connection with a charge of thefts. He said he and Duncan were in Mount Crawford jail together once in 1933. He denied, conspiracy.