While a Garda detective was legally entitled to arrest and detain a Chinese woman on suspicion that she might seek to evade a deportation order, the question of whether the arrest was "wise" was another matter, a High Court judge has said.
Ms Haina Wang (31), formerly of Buckingham Village, Dublin, has been in Mountjoy women's prison, the Dochas Centre, since last June 15th. She was initially arrested after her former employer complained to gardaí that she was continuing to turn up for work every morning despite having been let go.
When she was freed on bail on October 29th, after it was indicated trespass charges against her were to be withdrawn, she was rearrested as she left the court, served with a deportation order and detained to await that deportation which is due to occur within the next two weeks.
She brought a challenge to the legality of the October arrest, which was dismissed yesterday by Mr Justice O'Leary.
The judge had heard Ms Wang arrived here in January 2001 with a study visa, which expired on July 31st, 2003. Thereafter she was in the State illegally. She had worked for a sausage factory but was dismissed about December 2003 for being "too slow".
When she continued to turn up for work, gardaí were called on May 24th, 2004. She was remanded in custody until May 26th when her passport was handed over to the Garda.
Her former employer later complained Ms Wang had trespassed at her former workplace on June 15th, 2004, and she was arrested and charged with trespass. She secured legal aid and was remanded in custody to June 17th, and a psychiatric report was ordered. She has remained in custody since.
In an affidavit, Ms Wang's solicitor said she was told by a garda on June 15th that a 15-day notice to deport was going to be served on Ms Wang by the Garda National Immigration Bureau.
On June 17th the solicitor wrote to the Immigration Section of the Department of Justice saying she was awaiting a psychiatric report on her client and objecting to any proposed deportation at that time.
The solicitor forwarded the psychiatric report to the Department on September 27th. It set out concerns that Ms Wang may have suffered a psychotic or depressive episode.
The trespass charge against Ms Wang was withdrawn on October 29th, and she was released on bail that same day. Accommodation had been organised for her for that date by the Probation and Welfare Service.
The solicitor said that, as Ms Wang left court, she was arrested and served with a deportation letter. She was immediately returned to the Dochas Centre.
Mr Justice O'Leary, having heard evidence from the detective who arrested her and legal arguments by Mr Mel Christle SC, for Ms Wang, and Ms Denise Brett, for the State, dismissed her challenge to the legality of her detention. The judge said he was satisfied the detective had reasonable cause on October 29th last to suspect that Ms Wang intended to avoid deportation.
