A man who took a €60,000 civil action for a cycling crash injury he said he sustained in a hit and run has had criminal charges against him struck out due to a delay with the book of evidence in the case.
Constantin Iosca, who is based in north Co Dublin, last
year withdrew his claimed for damages for his injuries after a video of him,
apparently walking around with no sign of injury, emerged.
When that civil action was withdrawn a criminal
investigation into him resulted in criminal charges. He was accused of making
false statements in relation to his €60,000 claim.
However, when that criminal case went before the courts
in Dublin yesterday the charges were struck out over a delay in the book of
evidence being served on the man. It means he now no longer faces any criminal
charges.
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Mr Iosca, a 41-year-old from Scholar’s Walk in Lusk, Co
Dublin, claimed he was hit by a driver in a car while on his bike 4½ years ago.
He claimed the driver then left the scene and as they
could not be traced he sued the Motor Insurers Bureau of Ireland (MIBI). The
bureau compensates road traffic victims in cases where the driver involved is
uninsured or cannot be traced.
Mr Iosca was seeking €60,000 for the injuries he said he
sustained in the cycling incident on Skerries Road, Lusk, on June 1st, 2016. However,
the MIBI disputed his claims and they used an investigator to secretly film
him.
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While Mr Iosca claimed he suffered serious back injuries
when struck by the motorist driving, it emerged in the High Court in January of
last year that footage of him had been recorded.
He was then allowed a number of days to consider his
position in light of the video evidence.
And when the case was back before the court days later,
Mr Justice Kevin Cross was told the action was being withdrawn by Mr Iosca, who
was also ordered to pay the costs of the case.
The secretly recorded footage of Mr Iosca in January,
2019, showed him walking to a car with no apparent difficulty and lifting
crutches and a wheelchair out of the car.
But later that day when he went to a medical appointment
in Dublin city he was seen using the chair and crutches.
After arriving home following the appointment he was once
again filmed not using the crutches or wheelchair and could be seen carrying
them back into a house.
Once that case ended and a criminal investigation into Mr
Iosca began, he was arrested and charged over allegations his claim was bogus.
However, those charges were struck out yesterday by Judge
Flann Brennan at Dublin District Court because the book of evidence was
delayed.
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