Courts / Galway / Report
Latvian convicted of rape wins High Court challenge against his removal from the State
Summary
In a High Court ruling on 20 January 2015, Mr Justice Paul McDermott found that the exclusion order issued by the Minister for Justice to remove Latvian national Deniss Kovalenko from Ireland in June 2013 was fundamentally flawed. Kovalenko, aged 34, had been convicted in 2004 of raping an American student in Galway and sentenced to seven years' imprisonment, after which he was placed on the sex offenders register. He claimed that the Minister failed to provide fair procedures, denying him the opportunity to submit explanations or challenge the use of material from the Irish Prison Service regarding his conduct in custody. The judge also noted that a civil servant involved in the original decision had participated in the appeal process, further breaching fair procedures. Consequently, the exclusion order was quashed, allowing Kovalenko to remain in Ireland.
Who, what, where, when and why
What: Report matter: Latvian convicted of rape wins High Court challenge against his removal from the State. Charges or matters: the rape and oral rape of an American student in Galway on Valentine's night in 2004. Procedural stage: sentence. Findings: Convicted
When:
- June 2013 Other
- June 17th, 2013 Hearing Or Sentence
- June 17th 2013 Other
- 2015-01-20 Publication
Why: This was because Kovalenko was denied fair procedures including that he was unable to make submissions or given explanations on certain information used by officials in the Department of Justice while considering to exclude and remove him from the State. CNI source report
Case subjects
Convicted Person
Charges: the rape and oral rape of an American student in Galway on Valentine's night in 2004 (Proven)
Finding: Convicted
Outcome: Convicted; Kovalenko was convicted by a jury, was jailed for seven years and was placed on the sex offenders register.
Places mentioned
- High Court
- Central Criminal Court
- Shop Street
- Upper Canal Road
- Newcastle Road
- to report to Salthill Garda Station
- Irish Prison
Topics
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