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Gardai to return passport to Argentinian national where no bail terms imposed
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High Court grants interlocutory mandatory injunction compelling the return of passport to an Argentinian national who was not subject to any bail restrictions, despite pending criminal charges subject to a stay, in order that he could travel to Spain to take up job offer.
Interlocutory mandatory injunction compelling the return of his passport – Argentinean passport was taken by the Gardaí who arrested him – applicant was charged with an offence contrary to s. 3 of the Non Fatal Offences Against the Person Act 1997, and was remanded in custody – refused bail at Harristown District Court – applicant from that custody following an inquiry under Article 40.4.2 of the Constitution – passport not released – Bail Act 1997, s. 6(1)(b)(i)) or surrendering any passport (Bail Act 1997, s. 6(1)(b)(iii) – no legal basis by which the Gardai can hold or detain the plaintiff’s passport.
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