Man jailed for not assisting his deportation

A man facing a deportation order has repeatedly failed to provide fingerprints to facilitate his deportation and yesterday he was jailed for two months.

Defence solicitor Killian McCarthy said the man had been working and contributing to Irish society and did not understand why he was being deported.

Judge Philip O’Leary said that the defendant’s deportation was not a matter that was before Cork District Court yesterday and he was only dealing with the failure to provide fingerprints.

Mr McCarthy said Oudach Mbarak of Mandeville Lane, Waterford, was pleading guilty to that offence. The accused, who is in his 30s, appeared at Cork District Court by video link from prison.

Inspector Ray Dunne said the accused was requested at the Cork District Courthouse on June 24 to complete an identification form and asked for his fingerprints to be taken to assist in obtaining a travel document required for the purpose of deportation.

“Mr Mbarak failed to co-operate and refused to supply the requested information on an ID form and did not consent to have his fingerprints taken,” Insp Dunne said.

The inspector said that this was the defendant’s third conviction for the same offence. He failed to provide his fingerprints when required on May 8, and again on June 3. Both of these offences were dealt with together in court on July 1, when he was given a two-month sentence.

Judge Philip O’Leary said: “This is his third time not giving fingerprints. It is not getting better. He will be getting a longer sentence.”

Mr McCarthy said the accused pleaded guilty to the offence and asked for the sentence to be backdated to the beginning of July when he went into custody.

Judge O’Leary said he had been contemplating a three-month sentence. Instead of backdating this, he said he would impose a sentence of two months to commence on July 29.

The charge stated that, on June 24, being a person in respect of whom a deportation order was signed on October 31 2024, and having been so required by a person authorised by the minister, Mr Mbarak did fail to affix his fingerprints to a document to facilitate his deportation from the State.