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Fraudulent compensation case struck out over evidence delay

There were delays in serving the book of evidence.
Jan 7th 2021, 3:55 PM 42,437 0

A JUDGE HAS struck out a case against a 41-year-old man accused of making a bogus compensation claim due to a pandemic related delay in completing the book of evidence for his trial.

Constantin Iosca, who is originally from Romania but resides at Scholar’s Walk, Lusk, Co Dublin, had sued the Motor Insurers’ Bureau of Ireland (MIBI), which compensates victims of uninsured and untraced drivers.

The MIBI had contested the claim.

His civil action was opened in High Court in January last year, but on day two of the hearing, he withdrew his case. Mr Justice Kevin Cross dismissed the proceedings and awarded costs to the MIBI.

Mr Iosca had claimed to have suffered serious back pain after he was hit by a car while cycling in Lusk in 2016.

Following an investigation by the Garda National Economic Crime Bureau (GNECB) he was arrested in October and was granted bail at Dublin District Court.

He was accused of making a false statement and deception by making a false insurance claim.

The Director of Public Prosecutions directed that Mr Iosca should be sent for trial on indictment in the Circuit Court, which has tougher sentencing powers.

He did not yet indicate how he will plead.

In November, the case was marked peremptory against the State, which set a time limit for the DPP’s office to finish preparing the book of evidence for the trial.

He appeared again at the district court for an order sending him forward to the higher court.

However, Judge Flann Brennan noted the book of evidence was not ready.

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A State solicitor explained that the delay was due to the pandemic. Statements from the MIBI and CCTV evidence were awaited by the DPP’s office. The State asked for a further adjournment.

Judge Brennan noted from defence counsel Vanessa Frawley that the case was listed for service of a book of evidence on her client. In November, the matter was marked as peremptory against the State, she submitted.

Judge Brennan noted the order made on the previous date and he struck out the case.

Earlier, GNECB Detective Aisling McLaren said Mr Iosca, “made no reply to the charge after caution”.

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Tom Tuite

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