The High Court has directed an inquiry into the legality of the detention, since Thursday last, of a non-national in Mountjoy Prison.
In an affidavit presented to Mr Justice ╙ Caoimh yesterday, the man's solicitor, Mr Niall Sheerin, said his client received a phone call at about 11 p.m. on December 5th last from garda∅ at Rathmines Garda station.
He was told his flatmate was detained at the station and the man should go there.
The man said he was in Blackrock, it was 11 p.m. and he could not go.
The garda∅ phoned again a few minutes later and told him they had possessions of his which they had taken from the flat.
The man called to the station at about 2 a.m. on December 6th, and was told the garda he needed to speak to was gone.
The man phoned the station again at 8 a.m. that day and was put through to a garda who questioned him about the contents of his suitcase. The man outlined what was in the suitcase and was told he would be phoned again but was not.
The man then went to his home in Dublin and discovered a number of possessions had been moved, including a DVD player, a video player, a CD player, two pairs of shoes and a suitcase containing wedding pictures, life insurance certificates, car insurance and tax papers, bank papers and a wristwatch valued at £3,700. His bed had also been damaged.
Mr Sheerin said the man phoned Rathmines Garda station at 2 p.m. on December 6th and was asked to call to the station to identify his possessions. He went with a friend who remained outside and later went for help when the man did not reappear.
Mr Sheerin said the man said he was brought to a room by a garda and questioned about a search of his apartment. The garda then left the room and three plain clothes people, who said they were immigration officials, came in. They interrogated the man who told them he was married to an Irish citizen. He gave them his wife's name, her parents' names and the address where she was staying.
The man also said an official application for residency had been made for him.
The officials said there was a deportation order for him. The man said he had no knowledge of any such order, he asked to see it but was not shown it. He was then asked if his marriage had been arranged and he told them they could call his wife. The man was then told by the officials he was being arrested.
He asked could he make a phone call but was refused.
Mr Sheerin said he believed the man's detention was unlawful.
Mr Justice ╙ Caoimh directed an inquiry into the legality of the man's detention and returned the matter to today.