A convicted rapist has brought a High Court challenge against the decision to remove and exclude him from the State after he had served his prison sentence.
The action has been brought by Latvian national Deniss Kovalenko, now aged 32, who was convicted of raping an American student in Galway on Valentine’s night in 2004.
Kovalenko, who had been living in Galway City, claims the decision by the Minister for Justice to remove and exclude him is unfair and amounts to a violation of his and his family’s rights under the Charter of Fundamental Rights of the European Union.
He claims that as a citizen of the European Union he is entitled to reside in Ireland.
In 2006, the Central Criminal Court heard Kovalenko met the woman in Shop Street in Galway city centre at about 3am and bought her a rose from a street seller. He later raped her at Upper Canal Road, Galway.
Kovalenko, an unemployed stone mason had pleaded not guilty, and claimed during the trial that the victim had consented to sex, butg Kovalenko was convicted by a jury.
Mr Justice Barry White jailed him for seven years and directed Kovalenko be included on the sex offenders register.
Following his release from prison, Kovalenko returned to Galway where members of his family reside.
In his High Court action, Kovalenko - with addresses at Krasta Jekabpils, Latvia, and Newcastle Road, Galway - says he was served with an exclusion order on June 17th last and removed from the State the following day.
His counsel Prionsias Ó Maolchalain Bl said his client had been informed earlier this year that the Minister for Justice intended to remove him from Ireland and exclude him for a period of 10 years. His client’s solicitors sought a review of this decision.
However, Kovalenko was directed to report to Salthill Garda Station at 9.30pm June 17th last which he did. He was then informed for the first time he was being sent back to Latvia.
His client was brought to Dublin and the following morning was put on a plane to Frankfurt Germany. From Frankfurt he was put on a flight to Latvia by German police officers.
Counsel said the Minister had his client seated on a plane before making the formal decision to affirm the removal and exclusion order.
The State’s decision that Kovalenko is not entitled to permanent residence here was contrary to constitutional and natural justice as well as the law of the European Union, counsel added.
In his action against the Minister for Justice, the Garda Commissioner, Ireland and the Attorney General, Kovalenko is seeking an quashing the decision to remove and exclude him from the State.
He further seeks a number of declarations including the S tate’s decision to remove and exclude him amounts to a deliberate and conscious interference of his rights to constitutional and natural justice as well as fair procedures.
Leave to bring the action was granted on an ex-parte basis by Mr Justice Paul McDermott, who adjourned the matter to a date in October.