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The Canberra Times
The Canberra Times
Tim Piccione

'Deliberate lies' told to cover up allegedly 'staged' car crash: prosecutor

Lina Faris, left, and Rabea Fares outside court. Pictures by Tim Piccione

A woman gave multiple accounts of an allegedly "staged" car crash that "don't add up or make a lot of sense", a court has heard.

"The devil is often in the detail," prosecutor Morgan Howe told an ACT Supreme Court jury on Monday.

Lina Faris and husband Rabea Fares both deny numerous charges, including attempting to, by deception, dishonestly obtain a financial advantage from someone else.

The married couple are accused of taking part in a staged car crash on Duffy's Eucumbene Drive in February 2020 in order to make multiple allegedly fraudulent insurance claims.

Following the crash, the pair filed claims for the black Audi SUV Faris was driving on the day and third party claims for injuries they both suffered.

The Audi was insured for $55,000.

In his closing address, on the trial's fifth day, Mr Howe said Faris gave "various versions" of the crash to authorities and the woman was unable to stick to one account when probed.

"Telling deliberate lies to try and arouse as little suspicion about the circumstances of the collision," Mr Howe said.

"To reveal the true version of the events would result in hers and Mr Fares' claims to be refused."

The differing versions, the prosecutor said, included telling police and insurers the Audi was travelling in two different directions, and that she did or did not speak to a woman who falsely claimed to have been driving the BMW.

Mr Howe said Faris also lied about driving at 60kmh in the middle of the road when she was hit, after police evidence indicated the car had been stationary and parked on the side of the road on impact.

"What role did she actually play?" Faris' barrister, Dean Ager, asked the jury during his closing address.

Mr Ager said there was no evidence his client knew Adam Hasan Kilani, the man who was driving the BMW, and that it was plausible Fares' whiplash injuries had affected her ability to recount details.

The court heard Fares, the Audi's passenger, and Kilani knew each other through work.

Kilani previously pleaded guilty to attempting to, by deception, obtain a financial advantage from someone else and dangerous driving.

Mr Ager also said there was no evidence Faris knew of "any plan" for Kilani to crash into her car or that she knew the man would then make his own insurance claims.

Both she and Fares are facing charges of being "knowingly concerned" with Kilani's fraudulent claim.

"Do not assume a husband tells his wife everything," Mr Ager said as he concluded his address.

Barrister Todd Pickering, representing Fares, told jurors the accused man had no financial motivation to stage the crash.

"He's doing quite well, financially," the barrister said, noting there was no evidence submitted of Fares being in financial distress.

"It doesn't make any sense."

Mr Pickering conceded that his client had been in phone contact with Kilani three-and-a-half hours, being "quite some time", before the accident.

The barrister said there was no evidence of further communication between the two men on the day in question or in following days.

"That's not consistent with some kind of staged accident," Mr Pickering said.

"You might think if they were really in cahoots, there might have been some communication later that evening, the next day, the next week."

Fares, who was knocked unconscious during the crash, told authorities he did not recall any details about the incident.

Mr Pickering said it was Kilani who stood to gain a financial advantage from the incident as his BMW was "grossly over-insured" for $132,000, which was said to be five times what he paid for it.

"You might think Mr Kalani was driving around praying for a collision," the barrister said.

The jury is set to retire for deliberations on Tuesday after Acting Justice Peter Berman has finished summing up the trial.

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