A judge has ordered a psychiatric report on a Nigerian man accused of obstructing deportation, who claims gardaà mixed him up with one of his nine identical brothers.
Sam Okwuoha, 28, was due to face trial at Dublin District Court in the first prosecution of its kind, stemming from a Garda National Immigration Bureau investigation, reports RTE.
Defence counsel Jade O’Brien BL applied to vacate the non-jury hearing due to concerns about Mr Okwuoha’s fitness to participate in proceedings, telling Judge Michael Ramsey that the defence had been unable to attend personal consultations to assess her client’s wellbeing while he was on remand at Mountjoy Prison, and that he had since been transferred to Cloverhill Prison.
Judge Ramsey noted there was no prosecution objection to adjourning the hearing, directed the preparation of a psychiatric report and adjourned the case for four weeks, with the accused — dressed in a grey tracksuit and red shirt — remanded in continuing custody, reports RTE.
Mr Okwuoha is charged with obstructing deportation on 6 March at Dublin Airport, after the Minister of Justice signed the removal order on 6 January, and denies the charge, having replied “I am not the person” when charged.
He claims his arrest is a case of mistaken identity, maintaining he is one of ten children from the same pregnancy and that he “swapped places with his brother and came to Ireland,” reports RTE.
GNIB Detective Garda Graham Dillon said officers had attempted to remove the accused from the State but “the removal had to be aborted due to his behaviour,” describing the charge as one that “has not been prosecuted before” and noting the “level of resistance is unusual,” reports RTE.
The detective said he was “100% confident” in the identification, confirmed by legitimate authorities, and believed Mr Okwuoha would not appear in court if granted bail, citing a history of failing to attend proceedings and “giving different names, using different dates of birth and identities,” reports RTE.
The charge carries a maximum 12-month sentence and a fine of up to €2,500, reports RTE.
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