Romanian national in custody in Cork 'fallen between so many agencies' 

A Romanian national with psychiatric difficulties who wants to get medical care in his home country has been in custody in Cork having “fallen between so many agencies” but today there was a breakthrough in the case.

The gardaí, prison service and HSE said that they did not have the legal authority to escort the 55-year-old to a flight to Bucharest or indeed accompany him on such a flight. 

The DPP indicated last month that they were going to withdraw the assault and public order charges against him, on receipt of a psychiatric report from the prison. Since then the issue has been about how he would be escorted to Dublin Airport.

At one stage in the case, which has been before Cork District Court several times since last month, solicitor Frank Buttimer who represented the accused said he was beginning to feel that he might have to drive the 55-year-old to Dublin Airport himself, because of the apparent absence of a solution and the fact that the accused had fallen between so many agencies.

Not for the first time in court in this case, the parties required to be in attendance today were Sergeant Dave Delea for the prosecution; Mr Buttimer for the defendant; assistant governor of Cork prison, Patrick Boyce; solicitor for the HSE, Cliona Kenny, and a Romanian interpreter. The accused man appeared by video link from prison.

Response

Mr Buttimer said he had just received a response to questions that he put to the Romanian embassy in Dublin. 

While this was not read in court, Mr Buttimer said: “We are supposed to pay for the ticket, not Romania.” 

Judge John King summarised the position taken by the Romanian embassy also: “They are saying we have to arrange it, we have to pay for him to be put on a plane and have a nurse with him and they will get him when he arrives in Romania.” 

The HSE, the prison service and the gardaí all indicated that they would have no legal authority to accompany someone who was released from prison to a plane or indeed on to it.

Judge King said: “I can only see one way out of it. I will remand him in custody with consent to bail for him to be taken (by the gardaí) to the Romanian embassy in Dublin and not to leave the Romanian embassy unless he is escorted by them to the plane.” 

Order

The judge then made this order: “1. He is to be taken to the Romanian embassy, on signing the bond at the prison. 2. At the Romanian embassy he enters said embassy and does not leave unless accompanied at all times by an embassy official on a flight to Romania for medical treatment. 3. Not to return to Ireland until he has received all appropriate treatment.” 

Through the interpreter, the accused man asked about the reference to a €300 bond. 

Judge King clarified for him: “Provided he keeps the terms of his bail he won’t have to pay a penny.” 

The DPP has indicated that it will withdraw all charges against him. 

Claudiu Mos allegedly trespassed at a creche in Ballinlough and was also involved in threatening behaviour during a mass taking place at the local church on April 30, 2024.

The charges against Claudiu Mos were of engaging in threatening, abusive or insulting words or behaviour likely to lead to a breach of the peace on April 30. He was further charged with failing to leave the scene of a disturbance when directed to do so by garda Anthony Garvey.

Also in relation to April 30 he was charged that at Shalom Montessori, Ballinlough Road, Cork, he did without reasonable excuse trespass on the curtilage of a building, namely Shalom Montessori in such a manner as caused or was likely to cause fear in another person.

And on the previous day he was charged with assault and engaging in threatening behaviour where it was alleged that on April 29 he entered Eir on Patrick Street and was verbally abusive to staff and returned to the same shop and behaved in a similar manner later in the day. 

The assault charge arose out of allegedly throwing a can of lager at a member of staff.