Woman must be released from custody to give birth, court rules

A heavily pregnant woman accused of targeting a pensioner in a distraction theft can be released from custody because she is about to give birth, a Northern Ireland High Court judge ruled.

Lamita Mihai (20) was granted bail on a charge of stealing £140 (about €193) from the 86-year-old woman in Derry. The Romanian national is to live at an address in Co Donegal.

Mr Justice Donnell Deeny said: "The fact she will reside outside the jurisdiction would normally be a significant difficulty about granting bail.

“However, it’s outweighed, in my view, in this instance by the fact she is about to give birth.”

Ms Mihai, of Mill Road in Newtowncunningham, Co Donegal and another woman are alleged to have approached the victim in a car park at Lisnagelvin Shopping Centre on March 20th.

The two women are alleged to have asked the woman for change of a coin and then distracted her by walking her over to a trolley bay, the court heard.

Kate McKay, prosecuting, claimed Ms Mihai then took the pensioner’s purse, supposedly to look for change. The pensioner later realised that at least £140 was missing.

PSNI contacted

Two days later the pensioner contacted the PSNI to say she had spotted the same two women approaching her 94-year-old friend near St Columb’s Cathedral in the city, the prosecution claimed.

It was alleged that the two had asked this woman for change to make a phone call. Police then arrived on the scene and detained the pair.

Opposing bail, Ms McKay acknowledged Ms Mihai’s pregnant condition.

“While one has sympathy for her dilemma, there are major concerns about her re-offending,” the barrister said.

“These are mean offences where vulnerable, elderly people were targeted.”

Ms McKay argued that the prison in which the accused was held has the facilities to give birth.

Defence counsel Stephen Mooney said his client is nine months pregnant and poses no risk of fleeing. "Police believed she may have gone into labour while in the police station at one point," Mr Mooney said.

Granting bail, Mr Justice Deeny noted the accused’s father is willing to put up a £500 cash surety to secure her release.

The judge ordered Ms Mihai to surrender her identity card before being released from custody.