Trial and Departure From Hungary
In the immediate aftermath of the accident, Mr. Tobin was placed under formal investigation by the Hungarian police and was taken to a police station to be interviewed. Mr. Tobin was not acquainted with any Hungarian lawyers but knew a young Hungarian woman Káta Soós whose father Tibor Soós was a lawyer. In the interviews which followed Ms. Soós was asked by the police to act as an interpreter in the absence of anyone else present who could speak both English and Hungarian.
Mr. Tobin was subsequently charged with negligent driving causing serious bodily harm and in accordance with Hungarian law chose not to attend court but was represent throughout the criminal proceedings by his lawyers. When Tobin was first interviewed by the police they had asked him to present his passport which they retained. In the Autumn of 2000 he requested the return of his passport so that he could visit Ireland for a wedding and to see his family. This request was granted but he was not asked to return his passport on his return on 9 October 2000. On 30 October 2000 Tobin returned Ireland permanently, his period of secondment to Irish Life Hungary having come to an end.
Tobin's trial took place in Hungary on 7 May 2002 in Mr. Tobin's absence albeit in the presence of lawyers acting on Tobin's behalf. Statements made by Tobin after his arrest were ruled to be inadmissible on the basis that they had been translated by his lawyer's daughter. His trial took place under section 187 of the Hungarian criminal code which provides that:
(1) The person who causes grievous bodily harm to another person or persons by the violation of the rules of public road traffic, by negligence, commits a misdemeanour, and shall be punishable with imprisonment of up to one year, labour in the public interest, or fine.(2) The punishment shall be
- a) imprisonment of up to three years, if the crime causes durable handicap, serious health injury or mass catastrophe,
- b) imprisonment between one to five years, if the crime causes death,
- c) imprisonment from two years to eight years, if the crime causes the death of more than two person or a fatal mass catastrophe.
He was convicted and sentenced to three years in prison. On appeal his sentence was amended to allow for the possibility of parole after 18 months.
Read more about this topic: Ciaran Tobin Extradition Case
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