Rapist contests State’s exclusion order

A convicted rapist has brought a High Court challenge against the decision to remove and exclude him from the State.

The action has been brought by Latvian national Deniss Kovalenko, now aged 32, who was convicted of raping and orally raping an American student in Galway on Valentine’s night 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 EU.

He claims that as a citizen of the EU he is entitled to reside in Ireland.

In 2006 the Central Criminal Court heard that Kovalenko met the woman in Shop St in Galway city centre at about 3am and bought her a rose from a street seller.

He later raped her at Upper Canal Rd, Galway. Kovalenko, an unemployed stone mason, had pleaded not guilty, and said during the trial that the victim had consented to sex.

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 an addresses at Krasta Jekabpils Latvia, and Newcastle Rd, Galway, says he was served with an exclusion order on Jun 17 last and removed from the State the following day.

His counsel Prionsias Ó Maolchalain said his client had been informed earlier this year that the minister 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 on Jun 17 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, counsel added, was contrary to constitutional and natural justice as well as the law of the EU.

In his action against the minister for justice, the Garda commissioner, Ireland, and the Attorney General, Kovalenko is seeking an order quashing the decision to remove and exclude him from the State.

He is further seeking a number of declarations including the State’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.