A MAN WHO falsely claimed to have been injured following a road traffic accident 10 years ago has been jailed for two years and nine months.

Dublin Circuit Criminal Court heard that Constantin Iosca (46) made a report to the Motor Insurers’ Bureau of Ireland (MIBI) claiming he had been injured after being hit by a car while cycling his bike on 1 June, 2016.

Iosca, of Scholars Walk, Lusk Village, Fingal, Co. Dublin, submitted a personal injury claim form for compensation to the MIBI in July 2016.

He alleged in this form that he had sustained an injury to his back, left leg and right arm after being knocked off his bike by a car.

The court was told that FBD was nominated as the insurance company and as part of their investigation, employed G4S to conduct surveillance and an engineer to speak to Iosca and provide a report.

Iosca’s case was heard in the High Court in January 2020. The claim was withdrawn three days later by Iosca’s counsel on his instruction after CCTV harvested by G4S was played.

The court heard that this CCTV showed Iosca getting in and out of a wheelchair and walking unaided.

Iosca was convicted following a week-long trial at Dublin Circuit Criminal Court last November of dishonestly inducing the MIBI to investigate a personal injury claim that was a fraudulent insurance claim. The maximum available sentence is five years.

Iosca has 19 previous summary convictions including five for theft, nine for road traffic offences, four for public order offences and one minor assault.

Imposing sentence today, Judge Patricia Ryan said it was aggravating that Iosca issued a High Court summons. “Not only was this as fraudulent claim but it was taken in the High Court” and outside the jurisdiction of the circuit court, she said.

She said it is also aggravating that he has previous convictions, though she noted they were in the District Court.

The judge said she took into account as mitigation Iosca’s medical issues and that it has been some time since his last offence.

Noting the gravity and seriousness of the offence, Judge Ryan imposed a sentence of three years and six months, with the final nine months suspended on strict conditions for three years post-release.

Iosca, dressed in a navy and red reindeer jumper and a plum-coloured jacket, said “I’m sorry” after entering a bond to keep the peace and be of good behaviour. He was assisted by an interpreter to follow proceedings.

Garda Sergeant Aisling McClaren told Fiona Pekaar BL, prosecuting, during the previous hearing that the garda investigation started in March 2020 following a complaint by the MIBI.

Sgt McClaren agreed with Kieran Kelly BL, defending, that some of Iosca’s convictions are historic.

It was further accepted that the charge relates to Iosca deceiving the MIBI causing them to investigate his claim.

Mr Kelly asked about Iosca’s interactions with gardai, Sgt McClaren said Iosca made no comment when interviewed.

Letters from Iosca’s partner, daughter and GP were handed to the court.

Mr Kelly said Iosca’s partner describes him as caring and understanding. His client doesn’t regularly use a wheelchair, but has one that he uses. He has several health issues including chronic back pain, chronic obesity, diabetes, high blood pressure, and asthma.

Iosca moved to Ireland from Romania in 1997 when he was 18 and has three daughters. He has no work history, with Mr Kelly stating his client has “no experience to bring to any employment” and stays home with his family.

Mr Kelly said Iosca’s claim to the MIBI was that he was “knocked from his bike and suffered these things” and that he was convicted of deception by causing an investigation into his claim.

Mr Kelly submitted that the jury’s finding was “against a backdrop” in which an engineer’s report said that the incident “probably happened in the manner described” by Iosca.

Counsel said his client made no financial gain as the High Court case was withdrawn.

Judge Ryan said the court was “not looking behind the verdict” of the jury. She asked to look at the report, then said the engineer stated a belief that it probably occurred as Iosca said, before adding that the whole report would have to be read.