AN APPLICATION to have two immigration officers sent to prison for the alleged attempt of court following the deportation of an Algerian man is to be brought before the High Court on Monday.
Leave to bring the application was given yesterday by Mr Justice Kelly on the application of lawyers for the man deported to Algeria last Tuesday. The contempt application is being brought against immigration officers Mr Stephen Byrne and Mr J.J. Coakley.
Last Tuesday, the High Court granted an order preventing the deportation of Mr Madani Haouanoh, who was detained at Dublin Airport at the weekend.
Yesterday, Mr Peter Finlay counsel for Mr Haouanoh said his position was very serious. Embassies in Algeria were closed because of unrest. Ireland did not have an embassy there.
Mr Dermot Coyne, solicitor for Mr Haouanoh, in an affidavit, said he phoned the Department of Justice at 11.20 a.m. on Tuesday and spoke to an official. He then phoned the Immigration Section at Dublin Airport and informed an official of the court order.
He understood from an affidavit by Mr Nacer Haouanoh, the plaintiff's brother, that Mr Byrne and Mr Coakley intended to remove Mr Madani Haouanoh from the State at 1.30 p.m. to Heathrow Airport, London, and from there to Algiers.
When he communicated the court order to the Department and then to an official at the airport it became clear that Mr Haouanoh had been placed on an earlier flight before or at the time the court made its order.
Mr Coyne said he was aware Mr Nacer Haouanoh received a telephone call from Mr Madani Haouanoh in Heathrow at 1.05 p.m. He was in the custody of Mr Byrne and Mr Coakley. The contents of the court order were communicated to Mr Byrne. Mr Byrne would not speak to him (solicitor), but made a call to the Dublin authorities.
The officers escorted Mr Haouanoh to the terminal to an Algiers flight after 2.30 pm. and placed him on it. Mr Coyne added that Mr Haouanoh was always in the custody of the officers. They were aware of the purpose of the order, but sought to deliberately obstruct, frustrate and destroy it.
Mr Haouanoh may have been removed from the court's jurisdiction at the making of the order but he was always in the custody of two immigration officers of this State.
Mr Nacer Haouanoh, of all, Milltown, Dublin, in an affidavit, said he had lived lawfully in Ireland for nine years and owned a restaurant. His brother came here in 1991, lived as a student, and married in 1993. He (Nacer) supported him.
Mr Madani Haouanoh arrived at Dublin Airport from France last Sunday and was detained by immigration officials. He (Nacer) was contacted by Mr Byrne at 8.30p.m. and told his brother would be detained at the airport pending his return to Algiers.
At the airport, Mr Byrne said his brother did not hold a current visa for Ireland and would have to return to Algiers, where he could apply for a new one.
Mr Nacer Haouanoh said he explained that Algeria was in a state of civil unrest and that it would be impossible to apply for a visa there. He explained he would require legal advice. It was a bank holiday weekend and he would have difficulties trying to contact a solicitor. Mr Byrne told him he should not waste his time.
Mr Nacer Haouanoh added that he was told his brother would be brought to Mountjoy Prison and be returned to the airport at 9.30 a.m. the next day. He turned up on Monday morning, but his brother was not there.
Mr Nacer Haouanoh was met by Mr Byrne and Mr Coakley who said unless he paid up about £1,000 for air tickets he could not leave the airport. The money was to pay for two tickets for the officers' return flights to London and a single ticket to Algiers for his brother. He had no option but to pay.
Mr Nacer Haouanoh said he was told his brother would be brought out of Ireland at 1.30 p.m. the next day, Tuesday. After the making of the court order on Tuesday he spoke to his brother, who was at Heathrow, at 1.05 p.m. His brother was in a very agitated condition and told him the immigration officers were taking him to the Algiers flight.
Mr Nacer Haouanoh said he informed his brother of the court order. Mr Byrne came on the telephone. He again explained what the court had ordered. The line then went dead.
He spoke to his brother when he returned to Algiers and was told that Mr Byrne made a telephone call to the Irish authorities after the phone call at 1.05 p.m. and before the Algiers flight.