Kildare-based asylum seeker resisted a garda trying to arrest him for a breach of Covid-19 rules

An African asylum seeker who resisted a garda who was trying to arrest him following a breach of Covid-19 rules, appeared at Naas District Court.

Bright Matoli, 45, whose address was given as 114 Eyre Powell, Newbridge, and 10 Oaklawns, Old Dublin Road, Carlow was prosecuted for breaching the Public Order Act at Main Street, Newbridge, on May 10, 2021.

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Sgt Conor Sheehan said he went to the Eyre Powell, a former hotel which is an accommodation centre for asylum seekers at 2.30pm and the manager there said there was an issue with a resident.

Sgt Sheehan said he had been told that a man, who resided there, had been absent for 24 hours and the policy was that in this case the person  would have to isolate at another centre for 14 days.

Sgt Sheehan said the manager said she was in the process of arranging  transport for him to go.

He said the man said he was absent for 24 hours but the manager insisted he was and he had made a number of attempts to get into his room.

Sgt Sheehan said he asked the man to await his transport in the public area of Newbridge garda station He said the exchange went on for about 20 minutes the man turned his back on him and took out his phone.

He said he tried to bring the exchange to “an agreeable conclusion”. When he said he was arresting him, he clenched his fists and tried to pull away.

The sergeant said he was pulled to the ground, heard a “snap” and sustained a knee injury which required surgery.

Sgt Sheehan said with the help of a colleague the man, originally from Malawi, was handcuffed and arrested.

Solicitor David Powderly said the man was in Ireland for four years and lived in Newbridge for that time.

Sgt Sheehan said he was unaware the man had been injured as a result of an incident and had attended a clinic in Naas before getting the bus back to Newbridge, prior to the incident.

Mr Powderly said he got back at 3am and was told he had to wait until 8am to be admitted by the manager. Mr Powderly said the man wasn’t allowed into his room, which was effectively his home.

The defendant told the court he asked for a letter to indicate where he would be going to isolate and he was waiting  for this.

He said that when he was on the phone he was talking to the Irish Refugee Council. He denied using force or resisting or obstructing the gardaí.

He said he did not shove against the garda and he apologised for the injury he sustained.

He said he explained that he was awaiting a letter to indicate where he would be going.

He said he had been previously injured by another occupant of the Eyre Powell who complained about the defendant  bringing a take away Chinese mela to the room, where four people sleep. He said he was jumped on by this man and sustained an ankle injury and he sought medical assistance.

Mr Powderly said the gardaí were not entitled to enter the premises without a court order and the height of the case against the defendant was that he turned his back to the gardaí to make a call.

“This might be bad mannered but it doesn’t warrant a conviction,” he said.

He said the defendant has no family here and has a son in Africa.

Sgt Dave Hanrahan said at the time there were restrictions on everybody  in most parts of the world because of the pandemic and the defendant was told at least three times to leave. He said the defendant’s presence was causing a breach of the peace and this is why the gardaí were called.

The court heard the defendant had 32 previous convictions for road traffic issues and the last occurred in 2020.

Judge Desmond Zaidan said isolation rules were  being used in response to the pandemic  and it was not unreasonable to ask the defendant to isolate and this made sense in an environment where there were multiple occupancies and a number of people sharing a room imposed two fines of €500 each.