While a Detective Garda was legally entitled to arrest and detain a Chinese woman on the basis of a suspicion that the woman might seek to evade a deportation order, the question of whether the arrest was "wise" was another matter, a High Court judge said today.
Ms Haina Wang (31), formerly with an address at Buckingham Village, Dublin, has been in Mountjoy Women's prison, the Dochas centre, since June 15th last.
She was initially arrested after her former employer complained to the gardaí that she was continung to turn up for work every morning despite having been let go for being "too slow".
When she was freed on bail on October 29th last after it was indicated the trespass charges against her were to be withdrawn, she was rearrested as she left the court building, served with a deportation order and detained to await that deportation which is due to occur within the next two weeks.
She brought a legal challenge to the legality of the October 29th arrest and yesterday Mr Justice O'Leary dismissed the challenge.
The judge had heard Ms Wang arrived her in January 2001 on foot of 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 after that, the gardai 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, was remanded in custody to June 17th 2004 and a psychiatric report was ordered. She has remained in custody since.
In an affidavit, Ms Wang's solicitor said that she was told by a Garda on June 15th 2004 that a 15 day notice to deport was going to be served on Ms Wang by the Garda National Immigration Bureua. On June 17th 2004, the solicitor wrote to the Immigration Section of the Department of Justcie saying she was awaiting a psychiatric report on her client and objecting to any proposed deportation at that time.
The solicitor later forwarded the psychiatric report, which set out concerns that Ms Wang may have suffered a psychotic or depressive episode, to the Department on September 27th 2004.
The trespass charge against Ms Wang was withdrawn on October 29th last and Ms Wang was released on bail that same day.
Accommodation had been organised for her for October 29th 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.