Barbara Fari has received a three-month prison sentence after she exaggerated an injury in a bid to claim £750,000 compensation
A mother of 13 who exaggerated an injury in a bid to claim £750,000 compensation has been handed a three-month prison sentence.
But
she was allowed to walk free from prison after High Court judge Mr
Justice Spencer stayed the term - half of which Barbara Fari would have
to serve before her automatic release - so she can lodge an appeal.
If an appeal is not lodged by November 29, discontinued or dismissed, she will have to surrender herself into custody.
Former
dinner lady Barbara Fari, who is 60 tomorrow, pretended to be almost
totally disabled and in constant agony after falling over a slab of
pavement in May 2008.
She
claimed the only way she could get up and down the stairs was by
dragging herself on her buttocks and demanded £750,000 in compensation
from Homes for Haringey, which manages council housing in the north
London borough.
The organisation admitted liability and
offered her £7,500 but she pursued the larger claim which was only struck
out by a judge in October 2012 after covert video evidence revealed a
huge difference between how she presented at medical examinations and
when she was out and about near her home in Hornsey.
Today
Mrs Fari received a three month prison term for contempt of court, but
the judge was forced to stay the sentence until the outcome of any
appeal.
Husband Piper Fari,
a musician, was also convicted of contempt of court for his part in the
claim and received a two month sentence suspended for a year.
Mr
Justice Spencer told the couple they were also liable for £100,000
costs, but would only be required to pay 'if they should win the
lottery'.
Mr Fari had
claimed he was working as his wife's full-time carer but footage shot on
September 1, 2011, showed Mrs Fari walking with two heavy bags of
shopping.
She strolled at 'medium to brisk pace' up the steep hill to her Hornsey home.
The pair even convinced leading
surgeons and psychologists of Mrs Fari's 'debilitating' injuries,
carefully keeping up the act until they were out of eyeshot.
Her medical records showed a knee complaint which pre-dated the supposed fall by years.
Husband Piper Fari, a musician, was also
convicted of contempt of court for his part in the claim and received a
two month suspended sentence
She said the fall
aggravated her pre-existing arthritis to the point where she was no
longer able to look after her large family and instead needed their
care.
The couple denied
contempt and Mrs Fari, who is illiterate, claimed she relied on the
advice of solicitors, simply signed documents which were not explained
properly and that medical experts misinterpreted what she told them.
But
the judge described her as a 'strong and domineering' character, who
actively pursued her case while her unemployed husband of 27 years
foolishly went along with it.
Barbara Fari (with walking stick and hand bag) hides behind her husband Piper Fari on the way to court today
Sentencing the pair, Mr Justice
Spencer said, 'You Barbara Fari deliberately exaggerated your continued
symptoms from this minor accident in a thoroughly dishonest way.
'You
pretended to be far more seriously affected by the minor injury to your
knee than you really were. You knew that the whole claim was being
presented on a false basis.
'You have consistently contested the allegations to the hilt. In that sense, you have made it worse for yourself.
'For
you, Barbara Fari, the least sentence I can pass is one of three months
imprisonment. You will serve one half of that sentence before you are
automatically released.
'You,
Piper Fari, foolishly allowed yourself to become entangled in your
wife's lies and deception. I am persuaded that in your case it is not
necessary that the sentence be served immediately.'
The judge said that false and lying claims undermined the administration of justice in a number of serious ways.
He said: 'Insurers have to spend a great deal of time and money identifying and weeding out claims they think may be fraudulent.
'False
claims damage our whole system in this country of adversarial justice,
depending as it does on openness, transparency and honesty.
'False claims can take up a great deal of court time and precious resources.
'The
courts have made it very clear that those who make false claims and are
caught out must expect to go to prison. There is no other way to
underline the gravity of such conduct and deter those who may be tempted
to make such claims, no other way to improve the administration of
justice.'
He said that
Mrs Fari's injury affected her life for only four or five months and was
a claim worth a few thousand pounds at most.
He accepted her solicitors were not the
most efficient, but it was Mrs Fari's conduct which was under the
spotlight and it was she who had unusually chosen to contest every
allegation to the hilt in the proceedings.
'False claims damage our whole system in
this country of adversarial justice, depending as it does on openness,
transparency and honesty'
- Mr Justice Spencer
The couple's counsel, Mohammed Bashir,
said the couple were the 'engine room' of their family of children aged
15 to 24, two of whom are disabled.
They
were the sole earners, receiving income support of £190 per week, and
their absence would have a far-reaching effect which would outweigh any
potential deterrence.
He
emphasised that Haringey never paid out the money which was claimed and
said the couple, who were of previous good character, were essentially
good people trying to do their best in difficult circumstances.
After
the hearing, Homes for Haringey's solicitor, Jennifer Harris of Plexus
Law, said: 'This is a stark warning to anyone tempted to exaggerate a
personal injury claim. It is not just their compensation they risk
losing but also their liberty.
'If
the original claim had been for a realistic sum which reflected the
true extent of the injury, this case would have been settled long ago
and need never have come to court. The courts have sent a consistent and
strong message at every stage of these proceedings - fraudulent
behaviour will not be tolerated.'
Mark
Dyson, insurance partner at Plexus Law, said 'This decision will make a
huge difference in terms of future and indeed current personal injury
claims, forcing claimants to focus purely on pursuing the genuine
element of their claim, and helping the insurance industry to contain
its costs which in turn will benefit society generally.'
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