AN illegal Romanian immigrant failed to turn up for a High Court decision yesterday on his application that he had been illegally detained in Cork Prison. Mr Justice O'Sullivan ordered that if Mr Iosca Constantin Stefan (19) failed to appear this morning, a warrant would be issued for his arrest.
During yesterday's hearing, Mr John Hedigan SC, for the governor of Cork Prison, drew the court's attention a number of times to the absence of Mr Stefan. Mr Justice O'Sullivan said if Mr Stefan was at large he could not see much merit in processing his application.
He later asked Mr Peter Finlay, counsel for Mr Stefan, if his client had turned up. Mr Finlay said he had not yet turned up but he understood from an interpreter that Mr Stefan had been in court at 3pm, had a dizzy spell and was taken to hospital.
Mr Justice O'Sullivan said he could not rule on Mr Stefan's application when he was not in court. Proceedings were adjourned for a short time and later the judge ordered that if Mr Stefan was not in court by 10.30 a.m. today, then a warrant would be issued for his arrest.
The court had been told that Mr Stefan, along with his 18-year-old common-law wife and child, arrived at Rosslare, Co Wexford, on May 18th, and were refused leave to land. The three were sent back to France but when the St Killian II arrived back at Le Havre, they could not be found.
Some hours after the ship departed for Rosslare, the three Romanians made their presence known once more, apparently having been in hiding. Gardai spotted them among 100 people when the ship docked at Rosslare on May 20th. Mr Stefan began cutting his left wrist with a blade which a garda knocked from his hand. He was taken to Wexford General Hospital, while his wife and child were taken into South Eastern Health Board care.
Pending arrangements for his removal from the State, Mr Stefan was detained in Cork Prison. He was subsequently granted bail, which was due to expire yesterday, when his application brought under Article 40 of the Constitution was heard.
In an affidavit, Mr Liam Medcalfe, deputy governor of Cork Prison, said he was advised the procedures adopted by the Garda had complied with all the regulations.
It appeared that Mr Stefan's complaint was not directed towards the legality of his detention but rather to establishing that she had a right of asylum. This was a matter for the Minister for Justice. It was inappropriate under Article 40 to attempt to establish such rights.
Mr Finlay said Mr Stefan's parents were in Dublin, seeking, asylum. He was a Baptist gypsy who claimed he had suffered beatings at the hands of police in his own country. He was living with his parents at North Wall, Dublin, was not a criminal and had and application for asylum. He should be allowed to continue on bail pending a decision on his application for asylum.
Mr Hedigan said Mr Stefan was deemed not even to have landed in this country even though he had been in the hands of the Garda. The court was asked to deal only with the question of the lawfulness of Mr Stefan's detention. He was not in detention pending consideration of his application for refugee status.