Man who repeatedly failed to provide fingerprints to facilitate deportation jailed for two months

A man facing a deportation order has repeatedly failed to provide fingerprints to facilitate his deportation and on Tuesday 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 the defendant’s deportation was not a matter that was before Cork District Court on Tuesday, 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 man 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 cooperate 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 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 at Cork District Court on July 1 when he was given a two-month sentence for the second offence and the first count was taken into consideration.

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 he 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 sentence he said instead he would impose a sentence of two months to commence on Tuesday.

The charge under the Immigration Act 1999 is a count which states: “On June 24 at Cork District Court, Anglesea Street, Cork, being a person in respect of whom a deportation order was signed on October 31 2024 under Section 3 of the Immigration Act 1999 by the Minister for Justice, Equality and Law Reform, and having been so required by a person authorised by the mnister, namely Garda Sinead McCarthy, did fail to affix your fingerprints to a document to facilitate your deportation from the State.”