A MAN WHO made an “idiotic decision” to pick up a visually impaired woman in his car who believed he was a taxi driver has been jailed for false imprisonment.

Dublin Circuit Criminal Court heard that the woman had been socialising with a friend. They went to a taxi rank in the early hours of 8 May 2022, where they tried for some time to hail a taxi to bring the woman home.

Nicolae Zgherea (30) stopped his car at the taxi rank and spoke to the woman’s friend who believed his response confirmed he was a legitimate taxi driver.

The woman got into the car and after realising there was no taxi licence or meter displayed, she asked Zgherea if he was a taxi driver.

When he confirmed he was not a taxi driver, she asked him to pull over but he continued driving. She called 999 and put her phone on loudspeaker, with the emergency operator also asking Zgherea to pull over, which he did. The court was told the call lasted just under two and a half minutes.

Zgherea, of Fox Park, Finnstown Abbey, Lucan, Co Dublin, pleaded guilty to false imprisonment.

David Perry BL, prosecuting, told the court the plea was accepted by the Director of Public Prosecutions on the basis that Zgherea recklessly took actions which amounted to the false imprisonment of the woman.

Today, Judge Orla Crowe imposed a sentence of four years. She suspended the final 12 months of that sentence on strict conditions.

Judge Crowe said she was particularly struck by the woman’s “courage and fortitude” in the face of everything she went through. She noted the significant impact it had on her.

She said given the woman had a white cane with her at the time, it was indicative to anyone that this was someone with a visual impairment.

Judge Crowe also noted that Zgherea had not stopped when the woman realised he was not a taxi driver and asked him to pull over, noting that she had to ultimately call emergency services.

She commended the emergency service operator who eventually convinced Zgherea to pull over and noted that the woman was still in the car in a distressed state when gardaí arrived.

“It was an utterly terrifying experience for a young woman who had the courage and bravery to re-engage in society after Covid,” Judge Crowe commented before she accepted evidence that the woman was unable to work for a period of time afterwards and that Zgherea had “robbed her of her safety and security”.

Judge Crowe also noted from the woman’s victim impact statement that due to her disability she has to take “a significant leap of faith” and put herself in the hands of strangers and rely on their goodness and kindness.

Judge Crowe set a headline sentence of five years before imposing a term of four years. She took into account mitigating features including the fact that Zgherea had written a letter of “unreserved apology”, that he has a strong work history and is the father of two young children.

Defence counsel, Karl Moran BL, said that his client made an “idiotic decision” to stop his car with the intention of picking up the woman and her friend for financial gain and had no right to do this.

Moran said his client apologises unreservedly for his actions and accepts he had no lawful right to do what he did.

Counsel noted this would have been a “terrifying experience” for the woman, who expressed its impact “very eloquently” in her statement.

The court was told the woman is visually impaired and describes herself as almost completely blind when it is dark.

In a victim impact statement read to the court by her brother, the woman outlined that what happened continues to have a significant effect on her.

The woman said she must trust that strangers will not take advantage of her as she cannot always rely on the vision she has left to read a person’s body language and their intentions.

She said what happened that night has affected her trust in others, her independence and her confidence.

She described enjoying a night out with a friend, the relief of getting a taxi, then her disbelief and panic when Zgherea told her he was not a legitimate taxi driver.

She said her first thought was: “I guess this is just my turn. This is what happens to people like me.”

She said she considered opening the door and jumping out of the moving car.

She said what happened felt much longer than it was and “like it would never end”.

The woman said she experiences flashbacks and questions daily why this happened. “Was I targeted because of my gender, disability, or both?”

She said while she never felt completely unsafe before this happened, she did have an underlying fear of being more vulnerable as a woman and as a visually impaired person.

She said the lifelong consequences for her feel inherently unfair, but she is slowly rebuilding her confidence, trust in others and independence.

Evidence given

Garda Ciara Parsons gave evidence that Zgherea was not a taxi driver and not operating a taxi when he stopped at the taxi rank.

The woman and her friend were holding their extendable canes while waiting at the taxi rank, the court heard. After she got into the car, her friend left to catch his bus.

After becoming aware it was not a legitimate taxi, the woman asked to be let out immediately and Zgherea responded that he would drive her home safely. The woman insisted she wanted to get out, with Zgherea continuing to drive even after she rang 999.

The court was told the audio of the emergency call includes Zgherea being asked repeatedly to stop by the woman. After two minutes and 27 seconds, Zgherea confirmed he had pulled over, gave his correct name and said that the car was on Mespil Road.

When gardaí arrived, Zgherea was still in the car along with the woman, who was in a distressed state.

When interviewed, Zgherea admitted he was not a taxi driver. He claimed the woman put out her hand to stop him, sat into his car and then he decided to bring her home.

He said he did it without thinking and denied that the woman had asked if he was a taxi driver before they were already on the road.

He accepted that the woman asked him to pull over, but said they were in a bad location and that he pulled in a short distance later.

He denied the woman was scared and that he kept her in the car.

Zgherea pleaded guilty on a trial date. The court heard that the charge of false imprisonment relates to the period when the woman realised he was not a taxi driver, her requests to leave the car and where he stopped.

He has 11 previous convictions, all for road traffic offences.

Gda Parsons agreed with Moran that his client’s guilty plea was of assistance to the prosecution.

Moran noted that his client said he was not aware that the woman was visually impaired. It was accepted that this differs from the woman’s account that Zgherea was aware of her disability.

Counsel noted that the emergency call transcript states around the one-minute mark that the woman asked his client to pull over in a safe place, and he agreed to do this.

A letter of apology was submitted, which the woman did not wish to receive, the court was told.

He submitted his client was bringing the woman to her address and had no bad intentions towards her.

Counsel noted the parties were not known to each other, that there were no threats or physical violence, though he acknowledged the woman understandably felt threatened by the situation.

Moran asked the court to consider the short time span of his client’s offending and his co-operation.

Zgherea is married with two children and works full-time. Moran said Zgherea’s family are financially dependent on him and will be affected by the decisions he made.