Former Shelbourne and now Ayrfield United footballer Dylan Fox stepped from a court witness box today and, on legal advice, pulled a €60,000 damages claim after admitting he had lied on oath about injuries he had received in a rear-ending accident.
The 20-year-old Co. Meath apprentice mechanic, who shone as a promising young soccer star with Shelbourne’s Under-19s, told barrister Shane English in the Circuit Civil Court he continued to play football at a time when he had told his employer he was unfit for work.
Fox, of McDonaghs, Bettystown, agreed under stiff cross-examination by Mr English that what he had said under oath in the witness box and in two sworn affidavits about his fitness and what he had told a doctor was “a complete and utter lie.”
Mr English, who appeared with Fiona Mockler of Newman Solicitors for insurers Allianz and defendant Iveta Skytova, told Fox he had two witnesses waiting (for Covid-19 precautionary reasons) outside the court but hoped not to have to call them in the event of his deciding to tell the truth.
“They have photographs and a video in lovely technicolour of your sporting activities at a time when you told a doctor you were unable to work or play football,” Mr English said.
Mr English told Fox he had stated to a doctor that he had been off work for a month, returned to light duties and had been unable to play soccer despite having played a number of games a month after the accident and scoring in at least one of the matches.
“Your case is a lie and you have lied to exaggerate your claim,” English told Fox.
“You have misled your solicitor, your barrister and this judge.
You swore an affidavit only yesterday misleading everyone and you now agree with me it is a lie.
Fox told the court his neck, shoulders and lower back had been injured in a rear-ending accident when a car driven by Iveta Skytova, Woodville, Cloughran, Co Dublin, had struck the vehicle in which he was a passenger in January last year.
Insurers Allianz had challenged Fox’s claims on behalf of Ms Skytova.
In the middle of cross-examination, Fox’s legal team asked the court to rise for a few minutes for discussions with their client. Within minutes the court was told Fox was withdrawing his claim and Judge Jacqueline Linnane ordered he pay the defendant’s legal costs.
“He doesn’t know the difference between lying and telling the truth,” Judge Linnane said. “This case has been a complete waste of time and should never have been taken,” the judge said.
