Judge says 'malnourished' Chinese man will be better off in custody

AN EMACIATED Chinese man, who a District Court judge described as "overworked, underpaid and malnourished", is to be deported…

AN EMACIATED Chinese man, who a District Court judge described as "overworked, underpaid and malnourished", is to be deported back to China at the expense of the Irish Government as the Chinese embassy has indicated it will not foot the bill.

Ning Qi (31), of no fixed abode, was made work by other Chinese people for well below the minimum wage at the Runner internet cafe in Eyre Square, Galway. He was sleeping in the cafe at night, had barely enough food to eat and had not been paid since Christmas

Sgt Jim McElroy told Galway District Court yesterday that he took Qi into custody on April 4th last after arresting him at the Runner internet cafe.

The accused pleaded guilty to being in the employment of Liangzhe Zhao at the cafe without a work permit on April 4th, and with failing to provide a valid passport to Garda McElroy on the same date. He also pleaded guilty to remaining in this country without the authorisation of the Minister for Enterprise, Trade and Employment after the date set for his departure, which was January 29th, 2002, and to failing to furnish his certificate of registration to Garda McElroy on April 4th.

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Garda McElroy told the court yesterday that the accused arrived in Ireland on July 21st, 2001, and on July 30th, 2001, he was given permission to stay until January 29th, 2002, so that he could attend the Galway Cultural Institute. Since then Qi had been working illegally without an employment permit and did not now have a valid passport.

Defence solicitor Olivia Traynor said her client was malnourished. He had been treated very badly by his fellow countrymen and was exploited by them. He had been working for well below the minimum wage. She said Qi was very emaciated when she first met him after he was taken into custody two weeks ago.

"He had no one to turn to here, and he became a victim at the hands of his own countrymen."

Garda McElroy agreed. He said Qi had not been paid any money since Christmas, and was sleeping in the cafe at night. The accused had told him he wanted to return to China but did not have the means to do so, and he could not find anyone to help him.

He agreed that Qi had been very badly exploited by members of the Chinese community.

In reply to Judge Mary Fahy, Garda McElroy said all attempts by him to make contact with the Chinese embassy to see if it would help Qi had met with no response.

Ms Traynor said she had also tried to contact the embassy, but its answering machine service was apparently full and would not take a message from her regarding her client. She knew it would not entertain paying for her client's flight.

Judge Fahy said she was surprised to hear the Chinese embassy would not help the man. Embassies were there to assist people from their countries.

She was informed that in all deportation cases the Irish Government would have to pay.

Judge Fahy said Qi was as well off in custody. "He is lucky Sgt McElroy got to him. It's obvious he was overworked, underpaid and malnourished."

Observing that Qi wanted to go home to China and he had pleaded guilty to the charges, Judge Fahy said she did not have the power to issue a deportation order.

On the application of Sgt McElroy, she remanded Qi in custody to April 28th.

It was indicated to the court a deportation order would be executed by that date.