Seven Pakistani businessmen who were detained in the training unit of Mountjoy prison for three nights following their arrival at Dublin Airport last Friday were freed by the High Court yesterday evening.
While lawyers for the businessmen argued that a "dreadful mistake" had been made, the State said that while it was agreeing to their release, it was
not conceding the decision to detain them had been made wrongfully.
The men were detained at the airport on Friday night after being questioned by immigration officials. On Saturday night, the men's solicitors were given leave to have a High Court inquiry.
The case came before the High Court early yesterday but was adjourned until the afternoon.
At the morning hearing Mr Peter Finlay SC, with Mr Ross Maguire, for the businessmen, said a dreadful mistake had been made and the men should not be in custody. The businessmen were here validly.
Mr David Christie, solicitor for the men, said they arrived here from Zurich, having travelled from Pakistan. They all had valid passports and visas, issued by the Irish consulate in Karachi.
One of the seven, Mr Rasheen Alchtar Niazi, was chairman of a company in Islamabad and sole distributor of Finlay Block-Making Equipment Ltd products in Pakistan. That company had a registered address in Tullyvannon, Ballygawley, Co Tyrone. The purpose of the men's visit was to examine and train in the use of such equipment in the Dublin area. There was a copy of a letter from the Finlay company authorising that agreement.
On November 1st, Finlay Ltd wrote to the Irish embassy indicating they had invited the men to visit several of the Finlay block-making plants. The letter indicated their intention to collect the men from Dublin Airport and to arrange accommodation for them.
Mr Christie said the men were refused leave to "land" in the State in accordance with provisions of the Aliens Act, 1935 and the Aliens Orders, 1946 and 1975. They all had valid passports, valid visas and return tickets dated November 30th, 2000, and had some $4,000 with them. Their passports, visas, flight tickets and money had been confiscated by the State.
When the case came before Mr Justice Kelly yesterday afternoon, Mr Finlay said a representative of the Finlay company was to have come to the airport. The men's hotel arrangements had not been made when they arrived. When asked their addresses in Ireland, they said a hotel in Dublin. It was suggested to them that they were going to try to go to Northern Ireland and that they could be stopped from doing so without UK visas.
Mr Finlay said two of the men had British visas, as well as Irish. One of the UK visas was for two years and the other was for a shorter period. The two were also taken into custody. The men never wished to stay in Ireland. They wanted to conduct their business. At the airport, they contacted a member of the company in Co Tyrone who sent a fax saying they were its customers and would not be a trouble to Northern Ireland or Britain.
Counsel said one of the men, a spokesman, was "treated like a slave" and treated arrogantly. A simple phone call would have cleared up the situation. Mr Finlay added that his side was seeking costs.
Ms Eileen Barrington, for the State, said that apart from costs all other matters were agreed. There was no issue between the parties as to the validity of the men's Irish visas. When the men got landing cards, they gave an address in Tyrone. They indicated they would be staying in a hotel. They did not indicate where it was. An immigration officer noticed that the tickets presented were "open-ended".
Ms Barrington said the authorities were agreeable to the men being released and to cancel the stamps on the passports refusing them leave to "land". The men had indicated that they would honour the terms of their Irish visas. While the authorities were agreeing to release the men and end "this unfortunate situation" they were not in a position to concede that the decision made by the immigration officers was wrongfully made.
Mr Justice Kelly said he would adjourn the question of costs for two weeks after being told there was no agreement in this regard.
Asked outside court if the men would now sue the Irish authorities, Mr Christie said they may. He added that the men had travelled on valid passports and visas and would have expected to have been treated with a modicum of respect and decorum.