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 June 1st 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 The claim was withdrawn three days later by Iosca’s counsel on his instruction after CCTV harvested by G4S was played.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 weeklong 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.
Constantin Iosca. Photograph: Collins Courts
Imposing sentence on Monday, 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.
Welcoming the outcome in a statement, the MIBI said the sentence represented a victory against insurance fraud.
“We have zero tolerance for anyone who tries to submit a false claim and we hope this result sends a signal to those who are engaged in fraudulent behaviour,” said its chief executive David Fitzgerald.
The MIBI has been running its Fighting Fraud strategy for a number of years under which is said it was committed to challenging suspicious claims.