AN application is to be made to have two Department of Justice civil servants jailed for alleged contempt of court following the deportation of an Algerian man two weeks ago, the High Court was told yesterday.
The application to have Mr William O'Dwyer and Mr Brian Ingoldsby committed for the alleged contempt was being made because, in their affidavits, they, said they authorised the removal of Mr Madani Haouanoh from the State, Mr Peter Finlay, counsel for Mr Haouanoh, submitted.
Also yesterday, the court was told that an application for a reentry visa for Mr Haouanoh, who, is married to an Irish national, was filed with the Department of Justice last Friday.
The State submitted yesterday that the marriage was alleged to be a "sham". However, Mr Haouanoh's counsel said that this was "hotly in dispute".
Committal proceedings have already been filed against two immigration officers, Garda Stephen Byrne and Garda J.J. Coakley, following the deportation on Tuesday, October 29th.
On that date, the High Court made an order preventing the deportation of Mr Haouanoh, who had been detained at Dublin Airport following his return to the State from France. Mr Haouanoh has lived in Dublin since 1991.
Mr Finlay said yesterday that the position was that his client had been removed from the State to Algeria. He was married to an Irishwoman and he had a clear right to remain in the State.
Last Friday evening, he had received from the State a total of, seven affidavits. Two of these were sworn by the two Garda officers, the others by three civil servants, an immigration officer and a member of a company at Dublin Airport.
Mr Finlay said that they had, also received notice that the State wanted to cross examine Mr Haouanoh's wife, Ms Alice Shepherd, and his brother, Mr Nacer Haouanoh.
Two of the civil servants, Mr O'Dwyer and Mr Ingoldsby, had sworn in their affidavits that they authorised the removal of Mr Haouanoh from the State.
The two Garda officers, when they were in Heathrow, sought clarification of the High Court order and were given a certain interpretation of it which he would submit was erroneous. They would be moving to have the two civil servants joined to the committal order for contempt of court.
Mr Haouanoh had filed an application for a re entry visa last Friday and, in fairness to the Department, they were prepared to await a response to that application.
Mr Diarmaid McGuinness SC, for the Minister and the State, said that the State had served notice to cross examine the applicant's wife and brother. Now, Mr Hanuanoh's counsel had served notice to cross examine all seven of the State's deponents. This would take two to three days.
Mr Justice Barron said the application for the visa was a matter of concern. It might be an extraneous matter, but it was a matters which affected the discretion of the court in making any decision.
Mr Justice Barron said: "I don't think you should treat the matter too lightly." This matter concerned a man who had lived in this jurisdiction and was married to an Irish person. He recommended that they go to the President of the High Court to seek a date.
Later, before the President of the High Court, Mr Justice Costello, Mr Finlay outlined the case. He said that the two Garda officers had received clarification when they arrived at Heathrow from Dublin and they had been told it was in order for them to remove the man to Algeria. The two civil servants had communicated their view of the order over the phone.
Mr McGuinness said that no notice of any application being made to the High Court had been given and Mr Haouanoh had in fact been removed before the order was given.
Mr Justice Costello gave leave for the notice of motion for the addition of the two civil servants to the committal proceedings to be served. He said that he would put the matter in for mention on Thursday.
A MAN died shortly after he was shot through the head at a motorbike rally in Co Wicklow, the Central Criminal Court was told yesterday.
Mr Peter Charleton SC, prosecuting, said it was the State's case that Mr Dermot Griffin was implicated in the death of Stephen "Redser" Murphy.
He was opening the trial of Mr Griffin (36), of Windmill Road, Crumlin, Dublin, who has denied the murder of Mr Murphy (34), a bank porter of Copperfield Close, Mornington, Drogheda, Co Louth, at Carnew, Co Wicklow, on May 1st, 1994.
Mr Griffin also denied haying a Mauser 9mm semi automatic pistol for unlawful purposes at Carnew on the same date.
He pleaded not guilty to four other charges - having a Mauser pistol and seven rounds of ammunition for unlawful purposes at Windmill Road, on April 29th, 1994, and having a Mauser pistol and seven rounds of ammunition for unlawful purposes at Rathnew, Co Wicklow, on April 30th, 1994.
Mr Charleton said Mr Stephen Murphy had attended the rally at Carnew, on the weekend of April 29th to May 1st, 1994.
He said Mr Murphy and some friends had been drinking during the afternoon and night of April 30th and into the early hours of May 1st. They then went to a food tent in the field where the rally was being held.
Heated words were exchanged between Mr Murphy and members of a bikers' group known as the Viking Nomads, counsel said. Mr Murphy was struck in the face and left to return to his friends.
Some hours later, Mr Murphy was found in a distressed state, lying in a pool of blood near the food tent, counsel said.
Mr Charleton said Mr Murphy had been shot in the head with a single bullet. A cartridge case was found in a pool of blood near his head and there was an open knife close to his left hand.
Mr Charleton said a loaded Mauser pistol was found in a hedge at Carnew six days after the incident and the State was contending this was the weapon used.
He said the jury should find that Mr Griffin was in possession of the pistol and ammunition in the days before the killing and still had it at or around the time Mr Murphy met his death.
Mr James Mullins said he met Mr Murphy in 1992. He saw him at the Carnew rally on the night of April 30th-May 1st. Mr Mull ins said he went with Mr Murphy and others to the food tent after 12.30 am. He said Mr Murphy got up and went to another table and began "having words" with another group.
He said things "got a bit out of hand" and Mr Murphy had jumped over the table and was struck in the face by a man. Mr Mullins said he and others pulled Mr Murphy away.
Cross examined by Mr Dennis Vaughan Buckley SC, the witness agreed he saw Mr Murphy having an argument with a named man who is not the defendant and that it was that man who struck Mr Murphy across the face.
Mr Paul Lane said he saw Mr Murphy exchange words with another person in the food tent at the rally early on May 1st 1994. He said a man with a grey beard and a bikers' back patch hit Mr Murphy across the mouth. The back patch said: "The Family".
He said he saw Mr Murphy reach back to a pouch on his belt to take a knife out. Mr Lane said he pushed the knife back into the pouch and told Mr Murphy to sit down.
The trial continues today before Mr Justice Morris and an 11 member jury. The 12th juror was discharged earlier yesterday when it emerged he had a drink with a relative of the deceased some time previously.