A man who was seeking compensation for an injury he said
was sustained in a cycling crash has withdrawn his case after a secretly
recorded video of him emerged.
Constantin Iosca, a 40-year-old man from Scholar’s Walk in Lusk, Co Dublin, claimed he was hit by a driver in a car while on his bike four 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 in 2016 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 late last week in the High
Court footage had been recorded of him.
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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 today, 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Justice Kevin Cross was told the action was being withdrawn by Mr Iosca, who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.
The MIBI told the court it was pursuing its costs and Mr Justice Cross awarded costs against Mr Iosca.
While the video above, published on YouTube by the MIBI, shows Mr Iosca switching between using a wheelchair and not doing so on the same day, other footage was also shown to the court.
This included video of Mr Iosca walking near his home and out walking his dog.
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