DISTRICT COURT OF QUEENSLAND
CITATION:
R v Okeke [2022] QDC 59
PARTIES:
THE QUEEN
v
ANTHONY ONYEKA OKEKE
FILE NO:
396/21
DIVISION:
Criminal
PROCEEDING:
Trial – Judge-Alone
ORIGINATING COURT:
District Court at Ipswich
DELIVERED ON:
20 June 2022
DELIVERED AT:
Ipswich
HEARING DATES:
31 January 2022 to 4 February 2022
JUDGE:
Lynch QC DCJ
VERDICTS:
Count 1 Fraud to the value of $30,000 but less than $100,000: Guilty.
Count 2 Attempted fraud: Guilty.
Count 3 Attempted fraud: Guilty.
CATCHWORDS:
CRIMINAL LAW – PARTICULAR OFFENCES – PROPERTY OFFENCES – OTHER FRAUDS AND IMPOSITIONS – FRAUD – VERDICT – trial by judge sitting without a jury – where the defendant is charged with one count of fraud to the value of $30,000 but less than $100,000 and two counts of attempted fraud – where the defendant is alleged to have dishonestly taken out insurance policies in his own and other persons’ names – where the defendant is alleged to have failed to disclosure details regarding his accident and claims history – where the defendant is alleged to have dishonestly induced and attempted to induce payment of motor vehicle insurance claims – where the evidence is circumstantial – where evidence of uncharged similar acts demonstrating a dishonest system or scheme alleged – whether similarity of uncharged conduct demonstrates defendant’s involvement in dishonest scheme – whether defendant identified as responsible for making subject insurance claims – whether the conduct was dishonest by the standards of ordinary honest people – whether dishonesty relied upon induced or was capable of inducing payment of claims – whether it is proven beyond reasonable doubt that the defendant is guilty of the charges
LEGISLATION:
Criminal Code Act 1899 (Qld) ss 1, 4, 408C, 535, 615B, 615C, 644
CASES:
Pfennig v The Queen (1995) 182 CLR 461
Sutton v The Queen (1984) 152 CLR 528
COUNSEL: H McIntyre for the Crown
S Neaves for the Defendant
SOLICITORS: Director of Public Prosecutions (Queensland) for the Crown
Hans Legal for the Defendant
Proceedings
Anthony Onyeka Okeke is charged before the District Court of Queensland at Ipswich on indictment number 396 of 2021 with the following offences:
Count 1:That on divers dates between the 2nd day of February, 2017 and the 20th day of February, 2019 at Ipswich or elsewhere in the State of Queensland, Anthony Onyeka Okeke dishonestly induced different persons to deliver property to him or any person. And the property was of the value of at least $30,000 but less than $100,000.
Count 2:That on the 18th day of December, 2018 at Ipswich or elsewhere in the State of Queensland, Anthony Onyeka Okeke attempted to dishonestly induce QBE Insurance (Australia) Limited to deliver property to him or any person.
Count 3:That on divers dates between the 11th day of January, 2017 and the 7th day of November, 2017 at Ipswich or elsewhere in the State of Queensland, Anthony Onyeka Okeke attempted to dishonestly induce different persons to deliver property to him or any person.
When arraigned on 28 September 2021, the defendant entered pleas of not guilty to these charges. On 28 January 2022, a no jury order was made. As a consequence, the trial proceeded before me, sitting without a jury.
Pursuant to s 615B of the Criminal Code, in conducting the trial I am required to apply, so far as is practicable, the same principles of law and procedure as would apply in a trial before a jury. This includes my taking account of any warning or instruction that would be required to be given to a jury. Pursuant to s 615C of the Code, I am required to identify in my judgement the principles of law I have applied, and the findings of fact upon which I have relied, in coming to my decision.
For the following reasons, I have concluded the defendant should be found guilty of each count.
Evidence
On the hearing, oral evidence from 12 witnesses was taken and the following exhibits were admitted:
1 Crown’s Particulars 2 Transport and Main Roads Customer Application Form in the surname Anaetoh 3 Transport and Main Roads Customer Application Form in the surname of Mbamalu 4 Transport and Main Roads Customer Application Form in the surname Olafenwa 5 Transport and Main Roads Customer Application Form in the surname of Aniakor 6 Transport and Main Roads Customer Application Form in the surname of Ottih 7 Registration history for vehicle with registration number 024WUU 8 Registration history for vehicle with registration number 650LOL 9 Registration history for vehicle with registration number 700WZV 10 Registration history for vehicle with registration number 875TXR 11 Registration history for vehicle with registration number 270XZZ 12 Registration history for vehicle with registration number 724YBC 13 Registration history for vehicle with registration number 558YFQ 14 Registration history for vehicle with registration number 607YBX 15 Registration application form for vehicle with registration number 607YBX 16 Registration application form for vehicle with registration number 270XZZ 17 Registration application form for vehicle with registration number 700WZV 18 Registration transfer application form for vehicle with registration number 558YFQ 19 Registration transfer application form for vehicle with registration number 650LOL 20 Suncorp Certificate of Insurance for Insurance Policy dated 1 December 2015 21 Suncorp financial transaction records for the Insurance Policy referred to in exhibit 20 22 Suncorp loss detail records for the Insurance Policy referred to in exhibit 20 23 Recording of the Suncorp Insurance Claim made on 7 December 2015 in respect of the Insurance Policy referred to in exhibit 20 24 Suncorp Certificate of Insurance for Insurance Policy dated 23 September 2016 25 Suncorp financial transaction records for the Insurance Policy referred to in exhibit 24 26 Suncorp loss details records for the Insurance Policy referred to in exhibit 24 27 Recording of the Suncorp Insurance Claim made on 26 October 2016 in respect of the Insurance Policy referred to in exhibit 24 28 Suncorp Certificate of Insurance for Insurance Policy dated 10 November 2016 29 Suncorp financial transaction records for the Insurance Policy referred to in exhibit 28 30 Suncorp loss details records for the Insurance Policy referred to in exhibit 28 31 Recording of the Suncorp Insurance Claim made on 16 November 2016 in respect of the Insurance Policy referred to in exhibit 28 32 Suncorp Certificate of Insurance for Insurance Policy dated 11 November 2016 33 Suncorp financial transaction records for the Insurance Policy referred to in exhibit 32 34 Suncorp loss details records for the Insurance Policy referred to in exhibit 32 35 Recording of the insurance policy inception made on 11 November 2016 36 Recording of the insurance claim made on 19 December 2016 37 Recording of the insurance investigation interview from 4 January 2017 38 AAMI Certificate of Insurance for Insurance Policy dated 12 January 2017 39 AAMI financial transaction records for the Insurance Policy referred to in exhibit 38 40 AAMI loss details records for the Insurance Policy referred to in exhibit 38 41 Recording of the insurance claim made on 3 April 2017 42 Recording of the insurance claim made on 12 April 2017 43 Suncorp Certificate of Insurance for Insurance Policy dated 30 August 2017 44 Suncorp financial transaction records for the Insurance Policy referred to in exhibit 43 45 Suncorp loss details records for the Insurance Policy referred to in exhibit 43 46 Recording of the insurance claim made on 6 September 2017 47 Recording of the insurance claim made on 21 September 2017 48 Recording of the insurance claim made in respect of vehicle with registration number 024WUU 49 Recording of the insurance claim made in respect of vehicle with registration number 024MUU to the male consultant 50 Photograph taken on 26 October 2016 51 Recording of the roadside attendance by Constable Michael Eiser on 26 October 2016 52 NRMA Certificate of Insurance for Insurance Policy dated 12 January 2017 53 NRMA loss detail records for the Insurance Policy referred to in exhibit 52 54 Allianz Certificate of Insurance for Insurance Policy dated 2 February 2017 55 Allianz Claims Record for the Insurance Policy referred to in exhibit 54 56 Allianz Letter dated 21 February 2017 detailing payment of the claim to Mr Olafenwa 57 Allianz Letter dated 1 March 2017 recording payment of the claim to Mr Okeke 58 Allianz payment details to Mr Olafenwa 59 Allianz payment details to Mr Okeke 60 QBE Insurance claim records in respect of insurance policy for vehicle 615MDI 61 QBE Insurance claim records in respect of insurance for vehicle 040KBH 62 Recording of the insurance claim for QBE policy made in respect of the insurance policy referred to in exhibit 61 63 QBE claims records for policy related to vehicle with registration number 023WUU 64 QBE claims record for the policy related to vehicle with registration number 024WUU and ANZ rejection letter referring to the same policy 65 QBE claims record for policy related to vehicle with registration number 449XEX 66 QBE claims record for the policy related to vehicle with registration number 607YBX 67 QBE Certificate of Insurance for insurance policy covering vehicle with registration number 607YBX 68 QBE loss details records for the insurance policy for the vehicle with registration number 607YBX 69 ANZ letter of cancellation relating to insurance policy relating to the vehicle with registration number 607YBX 70 QBE claims record for the policy related to vehicle with registration number 270XZZ 71 QBE Certificate of Insurance for insurance policy covering vehicle with registration number 270XZZ 72 QBE loss details records for the insurance policy for the vehicle with registration number 270XZZ 73 ANZ Letter of cancellation for the insurance policy for the vehicle with registration number 270XZZ 74 Recording of the claim enquiry on 26 July 2018 regarding vehicle with registration number 270XZZ 75 QBE claims record for the policy related to vehicle with registration number 724YBC 76 QBE Certificate of Insurance for insurance policy covering vehicle with registration number 724YBC 77 QBE loss details records for the insurance policy for the vehicle with registration number 724YBC 78 ANZ Letter of cancellation for the insurance policy for the vehicle with registration number 724YBC 79 QBE claims record for the policy related to vehicle with registration number 558YFQ 80 QBE Certificate of Insurance for insurance policy covering vehicle with registration number 558YFQ 81 QBE loss detail records for the insurance policy for the vehicle with registration number 558YFQ 82 ANZ Letter of cancellation for the insurance policy for the vehicle with registration number 558YFQ 83 RACQ Certificate of Insurance for insurance policy covering vehicle with registration number 872WBF 84 Withdrawal of claim form under the hand of Anthony Okeke dated 15 January 2016 85 Map showing the residences at 27 Kinglake Avenue and Colorado Drive 86 Extract from the licensing register report for registered motor dealers 87 Commonwealth Bank statement of account for Compu-Service-X Pty Ltd for the period 4 December 2015 – 30 December 2015 88 Commonwealth Bank statement of account for Compu-Service-X Pty Ltd for the period 1 November 2016 – 15 November 2016 89 Commonwealth Bank statement of account for Compu-Service-X Pty Ltd for the period 16 November 2016 – 30 December 2016 90 Commonwealth Bank statement of account for Compu-Service-X Pty Ltd for the period 31 December 2016 – 4 March 2017 91 Bankwest bank statement of account for the period 1 June 2018 – 30 July 2018 92 Commonwealth Bank statement of account for Ms Okaro for the period 6 February 2019 – 26 February 2019 93 Westpac bank account records for Okeke and Olafenwa 94 Queensland transfer of registration form for vehicle with registration number 650LOL 95 Queensland application for new registration in the name of Olafenwa 96 Queensland receipt for registration for vehicle with registration number 700WZV 97 Queensland transport application for registration form in the name of Ottih 98 Copy of the passport in the name of Ottih 99 City Motor Auction Group invoice dated 4 January 2017 100 City Motor Auction Group invoice dated 20 July 2018 101 Admissions 102 Written submissions on behalf of the Crown dated 7/2/2022 103 Written submissions on behalf of the Defendant dated 9/2/2022
A copy of the prosecution lists of proposed witnesses and proposed exhibits and a volume containing copies of the proposed exhibits was provided to me for ease of reference during the trial. Those documents were collectively marked for identification as item A. In addition, transcripts of the various recordings admitted in evidence were utilised when the recordings were played and also marked for identification. The items marked for identification are as follows:
A Copy of the Crown’s proposed exhibits including the Crown’s witness list and exhibit list B Transcript of exhibit 23 C Transcript of exhibit 27 D Transcript of exhibit 31 E Transcript of exhibit 35 F Transcript of exhibit 36 G Transcript of exhibit 37 H Transcript of exhibit 41 I Transcript of exhibit 42 J Transcript of exhibit 46 K Transcript of exhibit 47 L Transcript of exhibit 48 M Transcript of exhibit 49 N Transcript of exhibit 51 O Transcript of exhibit 62 P Transcript of exhibit 74
A summary of the oral evidence and description of the exhibits follows.
1. Jacinta Margaret Brown
Jacinta Brown is a manager of Customer Service Centres for Queensland Department of Transport and Main Roads, dealing with registration and licensing. She is familiar with the Department’s systems and records. Ms Brown said every individual who interacts with the Department is allocated a customer reference number and retains that identification number for life. This number will also be the person’s driver’s licence number, should they hold a licence. Ms Brown said customers’ details are recorded on the Department’s systems if attending a service centre in person, or motor dealers could act as agents of the Department, register new customers on the Department’s system and register vehicles for those customers. Ms Brown said in order to register a new customer on the system, the motor dealer was required to sight original identification documents as well as proof of Queensland residency and to provide a copy of the identification document to the Department. Ms Brown said that when overseas passports and birth certificates were provided as proof of identity, these were scanned and retained in the Department’s system. Ms Brown confirmed that it was perfectly legitimate for a party to lodge documentation on behalf of another.
Ms Brown was shown documents which she recognised as Department of Transport and Main Roads forms and records. These documents were admitted into evidence as Exhibits 2-19. The documents and relevant details they record are as follows.
Exhibit 2: Customer application form in the name of Anaetoh Dated: 5/4/2018; Applicant: Isaac Ogechukwu Anaetoh; Residential address: 27 Kinglake Avenue, Springfield Lakes; Phone number: 0473 837552; Country of birth: Nigeria; Copy of the bio page from a Nigerian passport attached.
Exhibit 3: Customer application form in the name of Mbamalu Dated: 4/7/2017; Applicant: Olisa Lawrence Mbamalu; Residential address: 27 Kinglake Avenue, Springfield Lakes; Phone number: 0472 831442; Country of birth: Nigeria; Copy of the bio page from a Nigerian passport attached.
Exhibit 4: Customer application form in the name of Olafenwa Dated: 1/2/2017; Applicant: Femi John Olafenwa; Residential address: 9 Elma Street, Salisbury; Phone number: 0484 200675; Country of birth: Nigeria; Copy of the bio page from a Nigerian passport attached.
Exhibit 5: Customer application form in the name of Aniakor Dated: 3/8/2018; Applicant: Ifeanyi Emmmanuel Aniakor; Residential address: 52 Colorado Drives, Springfield Lakes; Country of birth: Nigeria; Copy of the bio page from a Nigerian passport attached.
Exhibit 6: Customer application form in the name of Ottih Dated: 8/5/2018; Applicant: Uchenna Ugochukwu Ottih; Residential address: 51 Colorado Dr, Springfield Lakes; Country of birth: Nigeria; Copy of the bio page from a Nigerian passport attached.
Exhibit 7: Registration history for vehicle 024-WUU 2007 model Volkswagen Passat; registered to Anthony Onyeka Okeke, 27 Kinglake Avenue, Springfield Lakes, on 10/11/2016; registration transferred from Anthony Onyeka Okeke, 27 Kinglake Avenue Springfield Lakes, to Pickles Auctions P/L on 24/10/2017.
Exhibit 8: Registration history for vehicle 650-LOL Registration transferred to Anthony Onyeka Okeke, 27 Kinglake Avenue, Springfield Lakes, on 9/1/2017 from City Motor Auction Group P/L. Exhibit 19: Registration transfer form for vehicle 650-LOL Ford Falcon, acquired by Licensed Dealer Anthony Okeke on 9/1/2016 from City Motor Auctions.
Exhibit 9: Registration history for vehicle 700-WZV 2002 model Toyota Camry; registered to Femi John Olafenwa, 9 Elma Street, Salisbury on 1/2/2017; registration transferred to Pickles Auctions P/L on 22/2/2017. Exhibit 17: Registration application form for vehicle 700-WZV Dated: 31/1/2017; Registered operator: Femi John Olafenwa, 9 Elma Street, Salisbury; Representative’s details: Anthony Okeke. Attached Safety Certificate dated: 30/1/2017; Owner: Anthony Okeke, 27 Kinglake Ave, Springfield Lake.
Exhibit 10: Registration history for vehicle 875-TXR 2004 model Nissan Maxima; registration transferred to Anthony Onyeka Okeke, 27 Kinglake Avenue, Springfield Lakes, on 18/8/2017 from Central Auto Auctions P/L.
Exhibit 11: Registration history for vehicle 270-XZZ 2009 model Mazda 2; registered to Issac Ogechukwu Anaetoh, 27 Kinglake Avenue, Springfield Lakes on 5/4/2018; registration transferred to Pickles Auctions P/L on 10/7/2018. Exhibit 16: Registration application form for vehicle 270-XZZ Dated: 5/4/2018; Registered operator: Blank; Home/Business, Postal & Garage address: 27 Kinglake Avenue, Springfield Lakes; Authorised person: Anthony Okeke.
Exhibit 12: Registration history for vehicle 724-YBC 2009 model Mazda CX-7; registered to Joy Ngozi Okaro, 27 Kinglake Avenue, Springfield Lakes on 24/4/2018; registration transferred to Pickles Auctions P/L on 5/3/2019, from Joy Ngozi Okaro, Unit 79, 21 Springfield Parkway, Springfield.
Exhibit 13: Registration history for vehicle 558-YFQ 2006 model Toyota Aurion; registration transferred to Femi John Olafenwa, 27 Kinglake Avenue, Springfield Lakes from Anthony Onyeka Okeke, 27 Kinglake Avenue.[1] Exhibit 18: Registration transfer application form for vehicle 558-YFQ Transferred from: Anthony Okeke, Email: [email protected], Phone: 0421 568750. Transferred to: Femi John Olafenwa, 9 Elma Street, Salisbury; Person lodging the application on behalf of the acquirer: Anthony Okeke.
[1] Confirmed in evidence by Brown as recording a transfer from Okeke to Olafenwa; see Brown transcript 1-22 lines 15-34.
Exhibit 14: Registration history for vehicle 607-YBX 2011 model Holden Captiva; registered to Uchenna Ugochukwu Ottih, 51 Colorado Drive, Springfield Lakes, on 9/5/2018; registration transferred to Pickles Auctions P/L on 30/5/2018. Exhibit 15: Registration application form for vehicle 607-YBX Dated: 9/5/2018; Registered operator: Uchenna Ugochukwu Ottih; Home/Business, Postal & Garage address: 51 Colorado Drive, Springfield Lakes; Authorised person: Anthony Okeke. Attached Safety Certificate lists “Mobile AIS location: 27 Kinglake Avenue, Springfield Lakes”.
2. Lisa Telford
The evidence of Ms Telford was taken via audio visual link. Ms Telford is a public servant employed in the Commonwealth Department of Home Affairs and had worked in the Movement Records and Passenger Card Team, dealing with Departmental records of movements of all persons into and out of Australia. Ms Telford said these records were contained within an electronic database and on microfilm and microfiche. Ms Telford said she received a request from Queensland Police to search for any records of entry and exit by named individuals. The names she searched included: Femi John Olafenwa DOB 16/4/1982; Olisa Lawrence Mbamalu DOB 11/1/1989; Isaac Ogechukwu Anaetoh DOB 30/3/1985; Uchenna Ogechukwu Ottih DOB 27/11/1982; Chakwuma Christopher Equillam DOB 9/3/1982; Ifeanyi Emmanuel Aniakor DOB 19/12/1982. With the exception of the person Equillam (whom Ms Telford was not asked about), Ms Telford said she found no record of the named individuals entering or exiting Australia. Ms Telford said a search of Departmental records revealed visitor visa requests for the persons Aniakor, Olafenwa and Mbamalu were refused in 2016. Ms Telford said apart from the details of the individuals, she was given copies of the bio page of passports in the relevant names. Ms Telford said her searches of the relevant databases did not reveal any names which she considered sufficiently similar to report upon.
3. Damian George Craig
The evidence of Mr Craig was taken via audio visual link. Mr Craig is a Senior Constable in the Queensland Police Service. He said on 18 December 2016 he was called to attend a traffic crash at Grande Avenue, Springfield Lakes. Mr Craig said the collision involved a vehicle colliding with the rear of another which was parked on Grande Avenue. He said he spoke with “the defendant in this matter Mr Okeke”[2] at the scene who was the driver of the vehicle that collided with the parked car. He said Mr Okeke did not appear physically injured but an ambulance was in attendance. He said this was the first time he ever dealt with Mr Okeke. He said his investigations revealed that both vehicles involved in the collision were registered to Mr Okeke. He said this attendance was at night, the weather was clear and dry, and the street was very well lit.
4. Jason Lee Whyte
[2] Transcript Craig 1-49 at lines 6-7.
Mr Whyte is a senior investigation advisor at Suncorp, involved in the investigation of insurance claims. Mr Whyte said Suncorp provided insurance under a number of business names including Suncorp, AAMI and Shannons. Mr Whyte had access to and familiarity with Suncorp’s computer records and systems. Mr Whyte described the way in which Suncorp insurance policies are created. This usually involved a customer making phone contact with a consultant and required the customer to provide information about the insured item and the insured person which Suncorp trusted as accurate. Mr Whyte said the consultant asked scripted questions in order to initiate the insurance. At the conclusion, a policy number was generated which stayed with the customer for the life of the policy and a certificate of insurance was issued to the customer. Mr Whyte also described that a customer could complete their application online by answering formatted questions. Applications via phone were recorded and the online application recorded the customers answers to the questions. Mr Whyte said disclosure by prospective customers when answering questions was important to Suncorp’s determination of whether, and on what terms, insurance would be provided because circumstances affected the risk involved; e.g. accident history or criminal history or licence suspensions. Mr Whyte also described that the progression of insurance claims was recorded and documented in the Suncorp computer system which also had the capacity to upload documents saved as PDF files.
Mr Whyte said he obtained various Suncorp claims documents from Suncorp computer records, which he provided to Queensland Police upon their request. He identified records, which were admitted as Exhibits 20-47, as documents he had extracted. These documents evidence various vehicle insurance policies issued by the Suncorp group and claims made against those policies. These details are set out below, grouped relating to the individual claims. Mr Whyte explained the documents recorded the details of the policy including the insured, the vehicle covered, reflected relevant disclosure details provided by the insured at the time the policy was created, recorded relevant steps taken when a claim was initiated against the policy, and identified all payments received or made. Where phone contact with the insured was recorded, the recordings were also produced. Witness Ross Morson, also a Suncorp employee, produced recordings of contact with the insured regarding a particular claim (Exhibits 48 & 49). These recordings are also detailed below with the other documents relevant to that claim.
Mr Whyte acknowledged that the disclosure details recorded in the certificates of insurance were automatically formatted based on an insured’s answers to whatever questions were asked by the consultant. Mr Whyte said although the questions were scripted, it was only an assumption that they reflected what was contained in the insurance certificate. Mr Whyte acknowledged that a positive answer regarding prior claims or accidents or criminal history would not necessarily disqualify a person from obtaining insurance, but might, for example, result in a higher premium being charged. Mr Whyte said different brands had different rules concerning that issue. Mr Whyte also acknowledged that although the certificate of insurance listed the insured person who would benefit under the policy, that did not mean the policy was taken out by that person. He said it was not unusual for someone to take out insurance on another’s behalf. Mr Whyte said that when a person initiated insurance on behalf of another, the name of the person initiating the policy would not appear on the certificate of insurance.
Exhibits 20-23: Suncorp Claim by Anthony Okeke re: vehicle 742-VVK (Claim 1)
Exhibit 20 is Suncorp Certificate of Insurance for a policy dated 1 December 2015, in the name Anthony Okeke, DOB 24/11/1986, 2004 Lexus RX330, registered number 742-VVK, garage address 3, 9 Elma Street, Salisbury, insured amount $13,060. Disclosure recorded: “in the past 3 years” the insured “had no insurance claims or losses relating to anything covered by this insurance”; had not had insurance declined, cancelled, conditions applied, or a claim refused; had not had a driver’s licence suspended, cancelled or restricted; and had not committed any listed criminal offence. Exhibit 21 is Suncorp financial transaction record which shows Suncorp paid $10,209.22 to Anthony Okeke by EFT on 29/12/2015. Exhibit 22 is Suncorp loss record with claim details: “A lady was test driving my Mercedes and has collided with me front on. It was a narrow road and I was trying to move to one side and park when she hit me.” The third party was identified as “Joy unknown”. The collision occurred on 7/12/2015 at Riverview Road, Redbank. Exhibit 23 is a recording of a conversation between a claims consultant and a male person on 7/12/2015, initiating this claim. The male gave the name Anthony Okeke, mobile number 0473 837442, email [email protected]. The male said the other driver involved was named “Joy”, he didn’t know her last name, she was from Nigeria, with phone number 0484 200375.
Exhibits 24-27 Suncorp Claim by Anthony Okeke re: vehicle 642-WRX (Claim 3)
Exhibit 24 is Suncorp Certificate of Insurance for a policy dated 23 September 2016, in the name Anthony Okeke, DOB 24/11/1986, for 2012 Holden Cruze, registered number 642-WRX, garage address 27 Kinglake Avenue, Springfield Lakes, insured amount $18,980. Disclosure recorded: “in the past 3 years” the insured “had no insurance claims or losses relating to anything covered by this insurance”; had not had insurance declined, cancelled, conditions applied, or a claim refused; had not had a driver’s licence suspended, cancelled or restricted; and had not committed any listed criminal offence. Exhibit 25 is Suncorp financial transaction record which shows Suncorp paid $18,363.80 to Anthony Okeke by EFT on 4/11/2016. On page 18, the vehicle is described as “2012 Ford Focus” registered number 643-WRX. Exhibit 26 is Suncorp loss record with claim details: “I was driving along and a animal has come out onto the road. I have swerved to miss the animal but lost control and hit a tree.” This document also describes the vehicle as Ford Focus, registered number 643-WRX. The collision occurred on 26/10/2016. Exhibit 27 is a recording of a conversation on 26/10/2016, between a claims consultant and a male person initiating this claim. The consultant described the vehicle as a Ford Focus, and the male agreed. The male gave the name Anthony Okeke, mobile number 0473 837442, email [email protected]. The male said police and ambulance attended the scene of the collision at Goodna Road, Greenbank.
Exhibits 28-31 Suncorp Claim by Anthony Okeke re: vehicle 023-WUU (Claim 4)
Exhibit 28 is Suncorp Certificate of Insurance for a policy dated 10 November 2016, in the name Anthony Okeke, DOB 24/11/1986, for 2010 Holden Cruze, registered number 023-WUU, garage address 27 Kinglake Avenue, Springfield Lakes, insured amount $15,800. Disclosure recorded: “in the past 3 years” the insured “had no insurance claims or losses relating to anything covered by this insurance”; had not had insurance declined, cancelled, conditions applied, or a claim refused; had not had a driver’s licence suspended, cancelled or restricted; and had not committed any listed criminal offence. Exhibit 29 is Suncorp financial transaction record which shows Suncorp paid $9,999.59 to Highland Smash Repairs for repair of the vehicle on 30/12/2016. Exhibit 30 is Suncorp loss record with claim details: “I have hit a pole after losing control of my car. The front bumper and bonnet have hit the pole.” The collision occurred at Grande Avenue, Yellowstone Way, Springfield Lakes, on 16/11/2016. Exhibit 31 is a recording of a conversation on 16/11/2016, between a claims consultant and a male person initiating this claim. The male gave the name Anthony Okeke, address of 27 Kinglake Avenue, Springfield Lakes, DOB 24/11/1986, mobile number 0421 568750, email [email protected].
Exhibits 32-37 Suncorp Claim by Anthony Okeke re: vehicle 024-WUU (Claim 6)
Exhibit 32 is Suncorp Certificate of Insurance for a policy dated 11 November 2016, in the name Anthony Okeke, DOB 24/11/1986, for 2007 Volkswagen Passat, registered number 024-WUU, garage address 27 Kinglake Avenue, Springfield Lakes, insured amount $12,740. Disclosure recorded: “in the past 3 years” the insured “had no insurance claims or losses relating to anything covered by this insurance”; had not had insurance declined, cancelled, conditions applied, or a claim refused; had not had a driver’s licence suspended, cancelled or restricted; and had not committed any listed criminal offence. Exhibit 33 is Suncorp financial transaction record which shows Suncorp made no payment to the insured. Exhibit 34 is Suncorp loss record with claim details: “I felt dizzy whilst driving. I was driving to go and check on my partners car which had been left by the roadside during the hail storm. As I got close to the car I have collided with the parked vehicle (with my other car).” The collision occurred at Grande Avenue, Springfield Lakes on 18/12/2016. Exhibit 35 is a recording of a conversation between a sales consultant and a male person on 11/11/2016, for creation of this policy. The male gave the name Anthony Okeke, DOB 24/11/1986. The male first obtained insurance cover for 2010 model Mitsubishi Outlander registered number 615-MDI, and paid the premium using credit card number 5371 9618 0281 7158. The male added his “partner” Joy Okaro, DOB 17/2/1976, as a nominated driver. The male then obtained insurance for 2007 model Volkswagen Passat, registered number 024-WUU and paid using the same credit card. Exhibit 36 is a recording of a conversation on 19/12/2016, between a claims consultant and a male person initiating this claim. The male gave the name Anthony Okeke, mobile number 0421 968716, and email [email protected]. The male said he was driving Honda Civic registered number 040-KBH, when he collided with the rear of the Volkswagen Passat. The male told the consultant the Honda Civic was insured with QBE and he’d already spoken to them. Exhibit 37 is a recording of a conversation on 4/1/2017, between Suncorp claims investigator and a male person regarding this claim. The male gave the name Anthony Okeke, 27 Kinglake Avenue, Springfield Lakes, and DOB 24/11/1986. Exhibit 48 (produced by witness Morson) is a recording of a conversation on an unknown date, between a claims consultant and a male person. The male gave the name Anthony Okeke, mobile number 0421 568750, DOB 24/11/1986. The male queried progress of the claim and expressed frustration at the delay. Exhibit 49 (produced by witness Morson) is a recording of a conversation on an unknown date, between a claims consultant and a male person regarding delay in progress of the claim. The male gave the name Anthony Okeke, 27 Kinglake Avenue, Springfield Lakes, mobile number 0421 568750.The male said because of the delay he preferred to arrange the repair himself.
Exhibits 38-42 AAMI Claim by Anthony Okeke re: vehicle 886-MUO (Claim 8)
Exhibit 38 is AAMI Certificate of Insurance for a policy dated 12 January 2017, in the name Anthony Okeke, DOB 24/11/1986, for 2010 Mazda CX-7, registered number 886-MUO, garage address 27 Kinglake Ave, Springfield Lakes, insured amount $20,930. Disclosure recorded: “in the past 3 years” the insured had not had insurance declined, cancelled, conditions applied, or a claim refused; had no car insurance claims for loss or damage; had not committed any listed criminal offence; and had not had a driver’s licence suspended, cancelled or restricted. Exhibit 39 is AAMI financial transaction record which shows AAMI made no payment to the insured. Exhibit 40 is AAMI loss record with claim details: “I parked my car in a train station and got flooded in the area, after I drained the water I drove the car to my house.” This incident occurred at Beenleigh train station, on 30/3/2017. Exhibit 41 is a recording of a conversation on 3/4/2017, between a claims consultant and a male person initiating this claim. The male gave the name of Anthony Okeke, DOB 24/11/1986, address of 27 Kinglake Avenue, Springfield Lakes, mobile number 0421 568750, email [email protected]. Exhibit 42 is a recording of a conversation on 12/4/2017, between AAMI claims investigator and a male person regarding this claim. The male gave the name Anthony Okeke, DOB 24/11/1986, 27 Kinglake Avenue, email [email protected].
Exhibits 43-47 Suncorp Claim by Lawrence Mbamalu re: vehicle 875-TXR (Claim 13)
Exhibit 43 is Suncorp Certificate of Insurance for a policy dated 30 August 2017, in the name Lawrence Mbamalu, DOB 11/1/1989, for 2004 Nissan Maxima, registered number 875-TXR, garage address 9 Elma St, Salisbury, insured amount $8,736. Disclosure recorded: “in the past 3 years” the insured “had no insurance claims or losses relating to anything covered by this insurance”; had not had insurance declined, cancelled, conditions applied, or a claim refused; had not had a driver’s licence suspended, cancelled or restricted; and had not committed any listed criminal offence. Exhibit 44 is Suncorp financial transaction record which shows Suncorp made no payment to Lawrence Mbamalu or Onyeka Okeke. Exhibit 45 is Suncorp loss record with claim details: “It happened at roundabout on Centenary Hwy A5 and Ripley Road, I was coming from Provedance, my phone rang and I looked away for a second and I heard a bang and have hit the car in front of me.” The collision occurred on 4/9/2017. The third party vehicle was Holden Cruze, registration 449-XEX, driver Onyeka Okeke. Exhibit 46 is a recording of a conversation on 6/9/2017, between a claims consultant and a male person initiating this claim. The male gave the name Lawrence Mbamalu, address 9 Elma Street, Salisbury. When the consultant identified the caller’s mobile number 0421 568750, the male did not reply. The male gave the phone number for Onyeka Okeke as 07 3067 7779. Exhibit 47 is a recording of a conversation on 21/9/2017, between a claims consultant and a male person. The male gave the name Lawrence, of Unit 1, 9 Elma Street, Salisbury. The male said he’d owned the Nissan Maxima for about 2 months, he’d bought it off Gumtree for $3,500 in cash, and was given a receipt. When told external investigators would be appointed, the male person said he did not wish to pursue the claim and would arrange repair himself because the process was taking too long and he needed a vehicle.
5. Ross Anthony Morson
Mr Morson is employed by the Suncorp Group in the fraud and intelligence unit. Mr Morson produced two recordings of conversations, Exhibits 48 & 49, which are described above at [31].
6. Michael Eiser
Mr Eiser is a Senior Constable of Police, stationed at Jimboomba. He said at about 8.45am on 26 October 2016, he and Senior Constable Urmston came upon a motor vehicle that had collided with a tree, on Goodna Road at Greenbank. He described the vehicle as a blue Ford Festiva, registered number 643-WRX. He said they spoke with the driver, who officer Eiser referred to as “the defendant”,[3] and who gave the name Okeke. Officer Eiser identified a photograph, Exhibit 50, taken at the scene of the collision which depicted the male person, the vehicle, and part of officer Eiser. Officer Eiser said the male told them an animal had run across the road, he swerved to miss it, and crashed into a tree. Officer Eiser said the male appeared dazed and confused but did not appear injured. Officer Eiser said he administered a breath test with negative result. Officer Eiser recorded his conversations with the male, Exhibit 51. During the recorded conversation, Eiser can be heard speaking on a phone, apparently to the partner of the male, and both the male and Eiser can be heard speaking on the phone to an insurance consultant. The male also spoke to an ambulance officer. (This evidence is relevant to the Suncorp claim re: vehicle 642-WRX, Exhibits 24-27; Claim 3.)
7. Caleb Reynolds,
[3] Transcript Eiser 4-4 at lines 32-39.
The evidence of Mr Reynolds was taken via audio visual link. Mr Reynolds is employed by NRMA and works in their litigation area. He understood and had access to the computer systems operated by the business. He was shown documents he had obtained from the company records and which he provided to police. He said the information appearing in the certificate of insurance was provided at the time the policy was created, which could be through a phone consultant or via an online form. He said the NRMA loss record detailed the steps taken in processing of a claim against the policy and were created by whoever was managing the file at the relevant time.
Exhibits 52-53 NRMA Claim by A Okeke re: vehicle 024-WUU (Claim 9)
Exhibit 52 is NRMA Certificate of Insurance for a policy dated 12 January 2017, in the name A Okeke, for 2007 Volkswagen Passat, registered number 024-WUU, garage address 27 Kinglake Ave, Springfield Lakes, insured amount $12,740. Disclosure recorded: in the last 5 years had no insurance refused, cancelled, avoided or conditions applied; in the last 3 years had no motor insurance claims; in the last 2 years has not had a licence cancelled or suspended due to a driving offence. Exhibit 53 is NRMA loss record with claim details: “024-WUU was parked when 700-WZV who was travelling on the thoroughfare collided with 024-WUU who was parked. Damage to 024-WUU is the rear.” The collision occurred at Grande Ave, Springfield Lakes on 2/2/2017. Owner: Anthony Okeke, phone number 0473 837442, 27 Kinglake Avenue, Springfield Lakes, email [email protected]. The third party is identified as Femi Olafenwa, phone 07 3067 0688, 9 Elma Street, Salisbury. No payment was made by NRMA as “Claim not pursued”.
8. Tameela Bruce
Ms Bruce is employed by Allianz Insurance as an investigations co-ordinator. Ms Bruce is familiar with Allianz’s systems and records. She said that customers could initiate an insurance policy and make a claim against that policy by phone with a consultant or through an online form. Ms Bruce acknowledged that someone could take out an insurance policy on behalf of another. Ms Bruce was asked about the disclosure information appearing in the certificate. She said the consultant was required to follow scripted questions but from time to time were found not to have done so. Ms Bruce said the answers to the disclosure questions were relevant to whether the insurance would be approved or under what conditions, for example, whether the premium might be increased. Ms Bruce acknowledged that people with prior claims or accidents were sometimes issued with insurance. Ms Bruce identified documents she produced from Allianz’s records and provided to police. Ms Bruce said the information stored in the documents was based upon details provided by the customer. The documents were admitted as Exhibits 54-59, the details of which are set out below.
Exhibits 54-59 Allianz Claim by Olafenwa re: vehicle 700-WZV (Claim 10)
Exhibit 54 is Allianz Certificate of Insurance for a policy dated 2 February 2017, in the name Femi Olafenwa, for 2002 Toyota Camry, registered number 700-WZV, garage address Salisbury, insured for market value. Disclosure recorded: in the past 3 years the insured had no fines or penalties for an alcohol or drug related driving offence; in the last 5 years the insured had no claim refused, insurance declined, or conditions imposed on a motor vehicle policy; in the last 3 years the insured had not been convicted of any listed criminal offence; and the insured listed no accidents or claims in the last 5 years. Exhibit 55 is Allianz Claims record with insured Femi Olafenwa, 9 Elma St, Salisbury, and claim details: “I was driving and it was raining, I have lost control and I have hit a TP. The damage to their car is the back passenger door and passenger rear. My car went off the side of the road and ran into a tree.” The collision occurred on 8/2/2017 at Freeman Rd and Balsa Road, Inala. The third party was Anthony Okeke, phone number 0473 837442, vehicle registered number 650-LOL. Exhibit 56 is Allianz correspondence to Femi Olafenwa confirming the claim was approved for payment of $2,609. Exhibit 57 is Allianz correspondence to Anthony Okeke, 27 Kinglake Ave, Springfield Lakes, confirming the claim was approved for payment of $6,350. Exhibit 58 is Allianz payment record for payment of the claim to Femi Olafenwa, BSB: 734-045 Bank: WBC A/C: 547555 Amount: 2609.00, on 21/2/2017. Exhibit 59 is Allianz payment record for payment of the claim to Anthony Okeke, BSB: 064-162 Bank: CBA A/C: 11195599 Amount: 6350.00, on 1/3/2017.
9. Troy Andrew Dux
Mr Dux is a claims investigator with QBE Insurance. He had access to and an understanding of QBE’s systems and records. Mr Dux said that QBE was the underwriter for ANZ insurance policies. He said he was asked by police to search records relating to named persons and he did so. He was able to produce documents he obtained from QBE records systems concerning policies underwritten by QBE for those persons. Mr Dux said information in the documents originated from the customer at the time of creation of the policy or the specific event as recorded. The documents were admitted as Exhibits 60-82 and are detailed below, grouped according to individual insurance claims.
Exhibit 60 QBE Claim by Anthony Okeke re: vehicle 615-MDI (Claim 5)
Exhibit 60 is QBE claim records for motor vehicle insurance policy commencing 20/11/2016, in the name Anthony Okeke, 27 Kinglake Avenue, Springfield Lakes, for vehicle registered 615-MDI, 2010 model Mitsubishi Outlander. The date of loss was 29/11/2016 with claim details: “Insd hit tree/branch/stump”. QBE paid $15,513.31 to Anthony Okeke on 16/12/2016.
Exhibits 61-62 QBE Claim by Anthony Okeke re: vehicle 040-KBH (Claim 7)
Exhibit 61 is QBE claim records for motor vehicle insurance policy commencing 20/11/2016, in the name Anthony Okeke, 27 Kinglake Avenue, Springfield Lakes, for vehicle registered 040-KBH, 2007 model Honda Civic. The date of loss was 18/12/2016 with claim details: “Insd hit TP”. QBE paid $12,081.05 to Anthony Okeke on 4/1/2017. Exhibit 62 is a recording of a conversation on 18/12/2016, between a QBE claims consultant and a male person who gave the name Anthony Okeke, phone number 0473 837442.
Exhibit 63 QBE Claim by Anthony Okeke re: vehicle 023-WUU (Claim 11)
Exhibit 63 is QBE claim records for motor vehicle insurance policy commencing 25/2/2017, in the name Anthony Okeke, 27 Kinglake Avenue, Springfield Lakes, for vehicle registered 023-WUU, 2010 model Holden Cruze. The date of loss was 30/3/2017 with claim details: “Flood damage”. QBE paid $14,358.59 to Anthony Okeke on 13/4/2017.
Exhibit 64 QBE Claim by Anthony Okeke re: vehicle 024-WUU (Claim 12)
Exhibit 64 is QBE claim records for motor vehicle insurance policy commencing 21/4/2017, in the name Anthony Okeke, 27 Kinglake Avenue, Springfield Lakes, for vehicle registered 024-WUU, 2007 model Volkswagen Passat. The date of loss was 19/5/2017 with claim details: “It is raining and the car was parked, TH”. QBE made no payment to Anthony Okeke. Exhibit 64 is QBE correspondence to Anthony Okeke advising that due to his failure to co-operate with investigation of his claim, the claim was declined.
Exhibit 65 QBE Claim by Onyeka Okeke re: vehicle 449-XEX (Claim14)
Exhibit 65 is QBE claim records for motor vehicle insurance policy commencing 30/8/2017, in the name Onyeka Okeke, 37 Sinnathamby Blvd, Springfield Lakes, for vehicle registered 449-XEX, 2009 model Holden Cruze. The date of loss was 4/9/2017 with claim details: “TP hit Insd”. QBE paid $9,127.06 to Onyeka Okeke on 18/9/2017.
Exhibits 66-69 QBE Claim by Uchenna Ottih re: vehicle 607-YBX (Claim 15)
Exhibit 66 is QBE claim records for motor vehicle insurance policy commencing 9/5/2018, in the name Uchenna Ottih, 51 Colorado Dr, Springfield Lakes, for vehicle registered 607-YBX, 2011 model Holden Captiva. The date of loss was 17/5/2018 at Springfield Greenbank Arterial, Springfield Lakes, with claim details: “Insured was driving straight when an animal went across the road which caused the insured to swerve to the left and hit a pole.” QBE paid $9,945.94 to Uchenna Ottih on 6/6/2018. Exhibit 67 is QBE Certificate of Insurance for this policy, insured amount $11,310. Disclosure recorded: in the last 4 years the listed driver has no licence restricted, suspended, disqualified or cancelled; in the last 4 years the listed driver has no accidents and/or claims; in the last 5 years the listed driver has not been charged or convicted of a criminal offence. Exhibit 68 is the QBE loss records which lists bank account for the insured BSB: 304-260 Account no: 0141363. Exhibit 69 is a letter advising cancellation of policy.
Exhibits 70-74 QBE Claim by Isaac Anaetoh re: vehicle 270-XZZ (Claim 16)
Exhibit 70 is QBE claim records for motor vehicle insurance policy commencing 9/4/2018, in the name Isaac Anaetoh, 27 Kinglake Ave, Springfield Lakes, vehicle registered 270-XZZ, 2009 model Mazda 2. The date of loss was 8/7/2018 at Balsa St & Freeman Rd, Inala, with claim details: “Insured’s phone was on the passenger seat, a call came in then insured accidentally veered into the other lane and hit a tree.” QBE paid $8,734.44 to Isaac Anaetoh on 30/7/2018. Exhibit 71 is QBE Certificate of Insurance for this policy, email [email protected], insured amount $9,945. Disclosure recorded: in the last 4 years the listed driver has no licence restricted, suspended, disqualified or cancelled; in the last 4 years the listed driver has no accidents and/or claims; in the last 5 years the listed driver has not been charged or convicted of a criminal offence. Exhibit 72 is QBE loss records which lists the insured’s phone number 0421 568750, bank account BSB: 304-260 Account no: 0141363. Exhibit 73 is a letter advising cancellation of policy. Exhibit 74 is a recording of a conversation on 26/7/2018, between a QBE claims consultant and a male person who gave the name Anthony Okeke, and then the name Isaac Anaetoh, 27 Kinglake Avenue, Springfield Lakes, concerning progress of the claim.
Exhibits 75-78 QBE Claim by Okaro/Aniakor re: vehicle 724-YBC (Claim 17)
Exhibit 75 is the QBE claim records for motor vehicle insurance policy commencing 6/2/2019, in the name Joy Okaro, 79/21 Springfield Pkwy, Springfield, vehicle registered 724-YBC, vehicle model Mazda CX-7. The date of loss was 9/2/2019 at Brentwood Avenue, Mooloolaba, with claim details: “Car is damaged by flood which is due to heavy rain. Car is not starting.” QBE paid $13,956.09 to J Okaro on 19/2/2019. Exhibit 76 is the Certificate of Insurance for this policy in the names Joy Okaro and Ifeanyi Aniakor, 27 Kinglake Avenue, Springfield Lakes, with the same garage address, insured amount $15,665. Disclosure recorded: in the last 4 years the listed drivers have no licence restricted, suspended, disqualified or cancelled; in the last 4 years the listed drivers have no accidents and/or claims; in the last 5 years the listed drivers have not been charged or convicted of a criminal offence. Exhibit 77 is the QBE loss records which lists Ifeanyi Aniakor as main contact, phone number 0421 568750, and as the reporter of the loss/claim, phone number 0470 453820 for Okaro. Bank account listed for Okaro, provided in a phone call by Aniakor, BSB: 064-240 Bank: CBA Account no: 10045041; bank account for Aniakor BSB: 304-260 Bank: BWA Account no: 0142393. Exhibit 78 is a letter advising cancellation of policy.
Exhibits 79-82 QBE Claim by Femi Olafenwa re: vehicle 558-YFQ (Claim 18)
Exhibit 79 is the QBE claim records for motor vehicle insurance policy commencing 18/12/2018, in the name Femi Olafenwa, 51 Colorado Dr, Springfield Lakes, phone number 0421 568750 for vehicle registered 558-YFQ, 2006 model Toyota Aurion. The date of loss was 16/2/2019 at 9 Lawrence St, Mooloolaba, with claim details: “Flood damage, water level reached to the chair of the vehicle”. Exhibit 80 is the Certificate of Insurance for this policy, insured amount $11,375. Disclosure recorded: in the last 4 years the listed driver has no licence restricted, suspended, disqualified or cancelled; in the last 4 years the listed driver has no accidents and/or claims; in the last 5 years the listed driver has not been charged or convicted of a criminal offence. Exhibit 81 is the QBE loss records, no payment was made by QBE to the insured. Exhibit 82 is a letter advising cancellation of policy.
10. Jonathan Murphy
The evidence of Mr Murphy was taken via audio visual link. Mr Murphy is employed by QBE Insurance, managing the team handling all private motor, household and third party insurance products. Mr Murphy said his role included setting the underwriting rules used to decide what risks the business will accept and on what terms, and ensuring those rules are applied by the generally, fully automated systems used to distribute the products. Mr Murphy said as part of the process to determine whether insurance will be provided, prospective customers are advised they have a duty to disclose truthfully, information relevant to the risk, and are asked questions to enable the insurer to decide whether to offer insurance. These questions included whether the customer had criminal or serious traffic convictions and about their claims history. He said that, regarding claims history, he was confident the threshold for refusal of insurance was three at fault claims and two theft claims.
11. Matthew Stewart Reynolds
Mr Reynolds is employed by RACQ as a fraud assessment analyst. He had access to and was familiar with the computer systems operated by RACQ in undertaking their insurance business. Upon request by police, Mr Reynolds accessed those systems to produce copies of documents regarding a vehicle insurance policy issued by RACQ, for which a claim was made but withdrawn. Mr Reynolds produced insurance documents for vehicle registration 872-WBF, admitted as Exhibits 83 and 84. Mr Reynolds said the information in the policy document was generated based upon the responses of the customer to questions. Mr Reynolds said he found only one insurance policy document for Mr Okeke in his search of RACQ records, as detailed below.
Exhibits 83 & 84 RACQ Claim by Anthony Okeke re: vehicle 872-WBF (Claim 2)
Exhibit 83 is RACQ Certificate of Insurance for a policy dated 23/12/2015, in the name Anthony Okeke, U 3, 9 Elma Street, Salisbury, 1998 Mercedes Benz, registered number 872-WBF, garage at Salisbury, insured amount $7,000. Disclosure recorded: had not in the last 3 years had any at fault accidents, or licence disqualification, cancellation etc, or insurance declined, cancelled, a claim rejected, or conditions imposed, and in the last 5 years had any criminal convictions. Payment of monthly premium via Mastercard in the name Anthony Okeke, last four digits 5697. Exhibit 84 is “Withdrawal of Claim” form under the hand Anthony Okeke, 3/9 Elma Street, Salisbury, dated 15/1/2016, with RACQ claim number submitted on 26/12/2015, in relation to a “motor vehicle accident” at “River Rd/Brisbane Tce Redbank”, reason for withdrawal “Lack of time to process claim”.
12. Deborah Naomi McDougall
Ms McDougall is a Senior Constable of Police stationed at the Road Policing Investigations Unit. S/C McDougall’s role includes investigations of matters that involved licensing, registration, speed camera infringements and the like. She said she had knowledge of police traffic computer systems, which are linked with Queensland Transport computer systems. S/C McDougall said she knew the defendant Mr Okeke. S/C McDougall produced an extract from the register of licensed motor dealers, obtained from the Department of Fair Trading, and which recorded Mr Okeke, Unit 3, 9 Elma Street, Salisbury, as a licensed motor dealer; admitted as Exhibit 86.
S/C McDougall said that in September/October 2018, the residential address recorded for Mr Okeke in the police computer system was 27 Kinglake Avenue, Springfield Lakes. She said seven other persons were also recorded as living at that address, including Joy Okaro. S/C McDougall attended that address on 8/2/2019 and saw it was a low set, single level, brick and tile house, which she said was not large. S/C McDougall said she later obtained a search warrant for an address at unit 79, 21 Springfield Parkway, Springfield, attended that address on 22/2/2019, and spoke with Mr Okeke and Joy Okaro. S/C McDougall said during a search of that residence she located documents in bags in the garage. These included: Queensland Transfer of Registration form for vehicle registered number 650-LOL into the name Anthony Okeke, admitted as Exhibit 94; Queensland Application for New Registration in the name of Olafenwa, submitted by Anthony Okeke, admitted as Exhibit 95; receipt for registration of Toyota Camry vehicle with registration number 700-WZV, admitted as Exhibit 96; Queensland Transport Application for Registration form in the name of Uchenna Ugochukwu Ottih, 9 Elma Street, Salisbury, phone number 0421 568850 which was admitted as Exhibit 97; a scanned copy of passport bio page in the name of Uchenna Ugochukwu Ottih which was admitted as Exhibit 98. S/C McDougall said she became aware of names of persons Ifeanyi Aniakor which was listed at an address at 52 Colorado Drive, Springfield Lakes, and Uchenna Ottih, which was listed at an address of 51 Colorado Drive, Springfield Lakes. She said these two addresses were in close proximity to 27 Kinglake Avenue. S/C McDougall produced a map illustrating the location of these residences which was admitted as Exhibit 85.
S/C McDougall also obtained a number of statements of account recording various banking transactions. These documents were admitted as Exhibits 87-92. These documents are described below.
Exhibits 87-92 – Bank account statements
Exhibits 87-90 are Commonwealth Bank statements of account number 11195599, held in the name Compu-Service-X Pty Ltd. Exhibits 87-89 are addressed to Anthony O Okeke, Unit 3, 9 Elma Street, Salisbury; Exhibit 90 is addressed to 27 Kinglake Ave, Springfield Lakes. Relevant transactions: Exhibit 87 on 30/12/2015 credit $10,209.22 from AAI Limited; Exhibit 88 on 7/11/2016 credit $18,363.80 from AAI Limited. Exhibit 89 on 16/12/2016 credit $15,513.31 from QBE; Exhibit 90 on 4/1/2017 credit $12,081.05 from QBE, and on 2/3/2017 credit $6,350 from Allianz Australia.
Exhibit 91 is Bankwest statement of account number 2600141363, held in the name Anthony Onyeka Okeke, 27 Kinglake Avenue, Springfield Lakes. Relevant transactions: on 6/6/2018 credit $9,945.94 from QBE Insurance, and on 30/7/2018 credit $8,734.44 from QBE Insurance.
Exhibit 92 is Commonwealth Bank statement of account number 10045041, held in the name Joy Ngozi Okaro. Relevant transaction on 19/2/2019 credit $13,956.09 from QBE Insurance.
Exhibit 93 consists of various documents supplied to S/C McDougall by Westpac Bank. Included are payslips used as supporting documents to open a credit card facility in the name Femi John Olafenwa. The payslips were for the periods 6-17/2/2017 and 20/2-3/3/2017, and asserted that Femi John Olafenwa, a Software Engineer, was employed fulltime by Compu-Service-X Pty Ltd, with his wage paid by direct deposit to bank account 064162 11195599, in the name of Femi Olafenwa.
Exhibit 93 also includes: the personal details recorded for Anthony Onyeka Okeke, phone 0473 837442; Okeke, Westpac statement of account number 4045547555, with relevant transaction on 22/2/2017 credit of $2,609.00 from Allianz Australia; the personal details recorded for Femi John Olafenwa phone 0421 568750, 27 Kinglake Ave, Springfield Lakes; Statements of account for Westpac accounts numbered 09-8702 and 56-9479, in the name Femi John Olafenwa showed no transactions; unsecured lending application details for Femi John Olafenwa, 27 Kinglake Avenue, Springfield Lakes 7 years at current address, employer Compu-Service-X Pty Ltd, employed 6 years.
S/C McDougall said her search of Queensland Police and Queensland Transport computer systems showed no record of any interaction such as issue of a speeding infringement notice, etcetera, between Queensland Police and persons named Femi Olafenwa, Olisa Lawrence Mbamalu and Ogechukwu Anaetoh, all recorded on the computer system as residing at 27 Kinglake Avenue, and Uchenna Ottih and Ifeanyi Emmanuel Aniakor, recorded in the computer systems as residing at 51 and 52 Colorado Drive respectively. S/C McDougall said she became aware of the business name Compu-Service-X Pty Ltd which she said was associated with Mr Okeke’s name. She said the only record she found of any person employed by that business were the payslips forwarded to her by Westpac and which related to Olafenwa. S/C McDougall said she tried calling phone numbers listed for that business which were not connected, and an open source search online for a business address did not locate one. S/C McDougall also said she requested records of purchases of vehicles by Mr Okeke or Compu-Service-X Pty Ltd from City Motor Auction Group. She said she was provided with invoices dated 4/1/2017 (admitted as Exhibit 99), and 20/7/2018 (admitted as Exhibit 100). Both invoices listed the purchaser as Compu-Service-X Pty Ltd, 37 Sinnathamby Blvd, with email [email protected]. Exhibit 99 refers to purchase of Ford Falcon XR6, registered number 650-LOL, for the amount of $4,850.00; and Exhibit 100 refers to purchase of Toyota Aurion, registered number 558-YFQ, for the amount of $4,040.00. S/C McDougall said she checked the address 37 Sinnathamby Boulevard, however the business Compu-Service-X Pty Ltd had no presence at that location in early 2019.
Admissions – Exhibit 101
Exhibit 101 contains admissions of fact as follows:
Pursuant to section 644 of the Criminal Code, the Crown and the Defendant make the following admission:
1. Suncorp Insurance Limited and Australian Associated Motor Insurers Pty Limited are legally registered companies in Australia. They are both owned by the same parent company AAI Limited which is also a legally registered Australian Company.
2. QBE Insurance (Australia) Limited is a legally registered company in Australia. It underwrites ANZ Car Insurance offered by Australia and New Zealand Banking Group Limited that is also a legally registered Australian Company.
3. Allianz Australia Insurance Limited is a legally registered company in Australia.
4. RACQ Insurance Limited is a legally registered company in Australia.
5. Insurance Australia Limited is a legally registered company in Australia that trades as NRMA Insurance.
6. In respect of each insurance policy and claim relevant to these proceedings, Annexure A correctly records:
a. The date the insurance policy was incepted;
b. The date of each incident that occasioned the claim;
c. The date the claim was made;
d. The date payment of the claim was made, if it was made;
e. The insurer who provided that insurance policy;
f. The name of the beneficiary of that insurance policy or person to whom a payment was made;
g. The insurance policy number;
h. The registration of the insured vehicle or vehicle for which the policy made a payment;
i. The year, make and model of each the insured vehicle or vehicle for which the policy made a payment;
j. The value for which the vehicle was insured;
k. The amount if any ultimately paid by the insurer in relation to the claim;
l. The account, if known or relevant, that the payment was made to;
m. The address attached to the beneficiary of that insurance policy or person to whom a payment was made; and
7. Mobile phone service 0473837442 was registered to the defendant between 1 July 2015 and 28 September 2016.
8. Mobile phone service 0421568750 was registered to Mrs Joy Okaro with the listed address 27 Kinglake Avenue, Springfield Lakes from 27 September 2016 to 15 December 2017.
9. The defendant has previously resided at 9 Elma Street, Salisbury.
10. The defendant has previously resided at 27 Kinglake Avenue, Springfield Lakes.
In the present context, to prove the dishonesty alleged induced or was calculated and apt to induce delivery of property, the defendant’s concealment of his identity must have persuaded, led to, brought about, or given rise to the insurers’ delivery of property, or have been capable of and likely to have had that result. Here, inducement to pay was not secured or likely to be secured only by providing a false name but rather by several acts in series. Obviously, the success of the fraudulent scheme was dependent upon first obtaining insurance cover. Whilst not the only step required to induce or attempt to induce payment, the obtaining of insurance in each case was an indispensable step in doing so. I conclude the defendant’s obtaining of insurance in a false name, in each case for the purpose of attempting to defraud insurers, was dishonest conduct, which in conjunction with other acts, was capable of inducing, or which did induce, payment of the claims.
For the charged claims where a false name was provided, the prosecution also alleged payment was either induced, or attempted to be induced, by false statements regarding the defendant’s accident history. No evidence exists, apart from these claims, concerning the defendant’s accident history. As I have made plain, I do not consider any of the claims were genuine. Where it was asserted there had been collisions, my conclusion is they were staged or simply fabricated. Failure to declare something which did not in fact occur cannot amount to dishonesty which induced or was calculated to induce payment. I conclude the evidence does not establish this as a dishonest basis upon which any payment was or was attempted to be induced.
For each charged claim, the prosecution also relied upon the defendant’s false statements regarding his claims history as conduct which induced, or was an attempt to induce, payment of the claim. For the reasons I have given, I am not satisfied the alleged non-disclosure of a claims history is proved to have been made for claim 13. For each of the other charged claims, I am satisfied the assertions relied upon were made by the defendant and were untrue. As is obvious, by 12/1/2017 (the commencement date of the first of the charged insurance policies), the defendant had made multiple insurance claims. Again, no direct evidence from the insurers’ representatives addressed the effect of this deception for the charged claims. General evidence was to the effect that prior claims did not disqualify a person being insured. The evidence of the QBE Insurance manager, responsible for the underwriting rules regarding risk, was that he was confident the threshold for refusal of insurance was three at fault claims and two theft claims. It is difficult to imagine why any insurer would have offered the defendant vehicle insurance if the true position of his claims history were known to them. However, as is obvious from examination of all of the evidence, insurance was offered to the defendant by insurers, despite him having made multiple claims with that insurer in his own name. In those circumstances, in light of the lack of any express evidence regarding the effect of non-disclosure of the claims history upon consideration of the charged claims, and evidence that a prior claims history may simply affect the terms upon which insurance is offered, I am not satisfied this deception was a material factor relevant to whether payment of the claim was or would be made. I am not satisfied the denial by the defendant of a prior claims history, whilst dishonest, was conduct which in fact induced payment or was capable of doing so.
Claim 9, part of the case alleged for count 3, involved insurance obtained by the defendant in his own name. For this claim, the only conduct alleged as the dishonest attempt to induce payment was non-disclosure of the claims history. For the above reasons, I am not satisfied this allegation is made out.
In respect of count 1, I am satisfied beyond reasonable doubt the defendant obtained insurance in a false name for each of the four vehicles as alleged. I am satisfied that payment of the defendant’s claim against the insurance for each vehicle as alleged was made, and was induced in each case by the dishonesty of the defendant in obtaining insurance in the false name. I am satisfied that in making each claim the defendant intended to extract payment from the insurer by making a false or fabricated claim, and obtaining insurance in a false name was part of that plan. I am satisfied therefore, the conduct of the defendant in each case was dishonest by the standards of ordinary honest people. The total paid by the insurers for these claims amounted to $41,595.47; property of a value of more than $30,000. It follows I am satisfied beyond reasonable doubt each of the elements of count 1 are proved and the defendant should be found guilty accordingly.
In respect of count 2, I am satisfied beyond reasonable doubt the defendant obtained insurance in a false name as alleged. In doing so, I am satisfied, the defendant intended to commit the offence of fraud upon the insurer, i.e. he intended to induce the insurer to pay his false or fabricated claim upon the insurance. I am satisfied that obtaining insurance in the false name was conduct engaged in for the purpose of pursuing the intention to defraud the insurer, made plain the defendant’s intention to commit fraud, and was a method capable of and likely to induce payment of the false claim. The defendant did not succeed in his intention to dishonestly obtain payment. I am satisfied this conduct was dishonest according to the standards of ordinary honest people. It follows I am satisfied beyond reasonable doubt each of the elements of count 2 are proved and the defendant should be found guilty accordingly.
In respect of count 3, I am satisfied the defendant obtained insurance for each vehicle as alleged; for vehicle 024-WUU in his own name, and for vehicle 875-TXR in a false name. In doing so, I am satisfied, in each case the defendant intended to commit the offence of fraud upon the insurer, i.e. he intended to induce the insurer to pay his false or fabricated claim upon the insurance. In respect of the claim relating to vehicle 024-WUU, I am satisfied the defendant dishonestly concealed his claims history, however, I am not satisfied that conduct was capable of inducing payment by the insurer. In respect of the claim relating to vehicle 875-TXR, I am satisfied that obtaining insurance in the false name was conduct engaged in for the purpose of pursuing the intention to defraud the insurer, made plain the defendant’s intention to commit fraud, and was a method capable of and likely to induce payment of the false claim. The defendant did not succeed in his intention to dishonestly obtain payment of either claim. I am satisfied this conduct regarding vehicle 875-TXR was dishonest according to the standards of ordinary honest people. It follows that, although I am not satisfied beyond reasonable doubt the claim in respect of vehicle 024-WUU satisfies the elements of the offence charged, I am satisfied beyond reasonable doubt each of the elements of count 3 are proved regarding vehicle 875-TXR and the defendant should be found guilty accordingly.
As is obvious from these reasons, I have had regard to evidence of uncharged dishonest conduct by the defendant in coming to my conclusions. As explained above, I conclude that evidence, considered with all of the evidence in this case, identifies the defendant as having carried on a fraudulent scheme to obtain payment from motor vehicle insurers. The evidence of uncharged dishonest activity in this case, viewed in the context of the whole of the evidence, shows to the exclusion of any rational alternative, the defendant is responsible for the charged insurance claims. I have not come to this conclusion on the basis of the uncharged dishonesty alone, or because of the number or type of the uncharged allegations, or because that evidence shows the defendant to be a dishonest person.
Verdicts
In respect of count 1, the charge of fraud to the value of $30,000 but less than $100,000, I find Anthony Onyeka Okeke guilty.
In respect of count 2, the charge of attempted fraud, I find Anthony Onyeka Okeke guilty.
In respect of count 3, the charge of attempted fraud, I find Anthony Onyeka Okeke guilty.