A court has struck out the case against a father-of-two who was accused of fraud over a €60,000 road accident injury claim.
Constantin Iosca (40) had been charged after a failed High Court claim he made over a 2016 accident in which he said an untraceable car knocked him off his bicycle.
He had been facing trial, but Judge Flann Brennan struck the fraud case out today after Dublin District Court heard a book of evidence was not ready.
Mr Iosca, with an address at Scholar's Walk, Lusk, Co Dublin, had sued the Motor Insurer’s Bureau of Ireland (MIBI) but his claim was withdrawn in January this year and the matter was referred to the gardai and he was subsequently charged.
Today, his case came before Judge Brennan for the service of a book of evidence, which is required before an accused can be sent forward for trial to the circuit court. A state solicitor said the book was not ready.
She said statements were awaited from MIBI and this had been delayed because of the pandemic. CCTV evidence was also awaited by the state, she said, asking the judge to adjourn the case in the circumstances.
Defence barrister Vanessa Frawley said the case had been marked peremptory against the state - meaning it could be struck out if the book of evidence was not ready.
Judge Brennan said the book was to have been ready today and struck the charges out.
Mr Iosca had been charged with deception in his injury claim and making a false statement in the subsequent court affidavit.
The first count alleged that he dishonestly by deception induced the MIBI to investigate a personal injury claim that is believed to be a fraudulent or exaggerated reported insurance claim with the intention of making gain for himself or another.
That offence was alleged to have happened at the MIBI’s offices at Harbourmaster Place, IFSC, Dublin 1 on July 7, 2016 and the charge was under Section 6 of the Theft and Fraud Offences Act.
He was further charged with making a statement in an affidavit which was false or misleading “in any material respect”, and which he knew was false or misleading.
This offence, contrary to the Civil Liability and Courts Act, was alleged to have happened in Drogheda, Co Louth on August 6 last year.
Previously, Garda Aisling McLaren of the Garda National Economic Crime Bureau said the accused made no reply to either charge after caution.
The Director of Public Prosecutions had directed trial on indictment.