A man carrying a false passport struck an immigration officer who tried to put him back on a plane he had just arrived on, Dublin District Court heard yesterday.
Stephen Okwuchuwku Orji (31), a native of Nigeria, was given a 28-day sentence, backdated to include a month he spent in prison after his arrival, for an assault on Garda Brendan O'Sumachain at Dublin Airport on October 26th last.
Counsel for Mr Orji argued his detention was unlawful under the Constitution, which gives a father the right to enter the State to be reunited with his family or to sort out family affairs. This unlawful detention was fatal to the charge of assault, his lawyer said.
Judge Gerard Haughton said gardaí had statutory authority to detain a person under the Alien's Act and were also entitled to put him on the first available plane out. He had no doubt Mr Orji was using the passport with the intention of passing himself off as a South African national on a short visit to see his family.
He imposed a 28-day sentence for the assault, backdated to October 26th, and took the false passport charge into account.
The court had heard officers refused him entry after discovering the South African passport he was carrying was counterfeit. As they were walking him back to catch the plane he had come on, he started shouting to other passengers who were just arriving and became aggressive towards the officers. He held on to a railing and would not let go until other officers came to assist. When he let go, he swung his hand out and burst Garda O'Sumachain's lip.
Gardaí decided that because of his behaviour, it would not be appropriate to put him on the flight and he was detained in Mountjoy Prison overnight.
His wife, who had been waiting at arrivals with their Irish-born child, was contacted by him from Mountjoy and an application was made by him to seek asylum.
He was charged the next day with assault and having a false document and was remanded in custody until he got bail a month later.