30-03-2010, 01:08 PM
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The judges live on a different planet.
The Daily Mail unearthed this ruling by one of our muppets in wigs - what do you think about it ?Rapist who dumped victim on rubbish tip escapes deportation after judge says he 'has right to marry and stay in UK' By DAILY MAIL REPORTER
Last updated at 11:28 AM on 30th March 2010
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Judge Mr Justice Collins made the controversial decision
A convicted rapist facing deportation has won a High Court battle to be allowed to stay in the country to get married.
Alphonse Semo, a refugee from the Democratic Republic of Congo, threw his victim on a rubbish tip when he 'had finished with her'.
But yesterday evening he won the right to remain for his wedding, just hours before he was due to board a plane back to Africa.
A judge said it was difficult to have any sympathy for Semo, who was jailed for eight years, but he must be allowed to stay.
Mr Justice Collins said the Home Office had at first agreed to let the 53-year-old, from Deptford, south east London, get married to his long-term partner, a German national.
Then the wedding was effectively cancelled by a subsequent decision 'by the same Home Office - no doubt by a different department'.
The judge said he was 'very reluctant' to intervene - 'but it seems to me the Home Office really cannot be allowed to play hot and cold'.
The judge said: 'With considerable reluctance, I have to say he must be allowed to marry.
'That means there will be a prohibition against removing him.'
The judge said the Home Secretary would have to reconsider later, after the marriage, whether to make a fresh attempt to deport him.
That would engage issues of EU law as his bride-to-be, Bunsana Kalonji, is a refugee from the Congo who became a German national.
The pair have a long-established relationship. Ms Kalonji is in the UK, exercising her right to work here under Community law.
Once married, the pair are expected to claim that Semo is legally entitled to remain in the UK as the spouse of an European Economic Area national entitled to free movement within EU member states, including the UK.
Semo was sentenced to eight years' jail in December 2002 for raping and assaulting a 38-year-old woman in Rushey Green, Catford, south east London.
The trial judge said of the rape: 'You added to that the degradation of throwing her on a rubbish tip once you had finished with her.'
His refugee status was revoked in June 2008 and the Home Secretary made a deportation order.
After finishing his prison sentence, he was detained pending deportation.
Since then he has successfully fought a series of legal battles to stay in the UK, the latest of which centres on his wedding plans.
30-03-2010, 05:53 PM
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Re: The judges live on a different planet.
NO its not the MUPPITS in wigs fault.Judges have to up hold the law as it is written in statue for all.
The real culprits in this and a lot of other cases is a law brought in by a Labour under Blair and Straw.
Its called The Human Rights Act and Judges have to rule under this law, dont blame the Judge.
30-03-2010, 07:05 PM
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Re: The judges live on a different planet.
Originally Posted by nero
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And where does the Human Rights Act originate from, . . . and where is it regularly amended, . . . . Brussels, . . . and amended by unelected quangos.
Blair and Straw
We as a country did not have to implement it
31-03-2010, 08:38 PM
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Re: The judges live on a different planet.
Originally Posted by galty
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We as a country did not have to implement it
a) Not a UK citizen
b) Is a convicted criminal in a UK court
c) Wishes to marry a women who is not a UK citizen
d) Will now live in UK and receive all the benefits that are available for all the hard working, tax paying UK citizens.
Where the hell do human rights come into this except to say that no one who has contributed to the tax system has any human rights.
And further more if the laaw is an ass (As it clearly is in this case) surely the judges should be trying to correct this, like postponing the hearing 'till this low life was out of the country, that would be doing the right thing.
31-03-2010, 08:50 PM
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Re: The judges live on a different planet.
Originally Posted by galty
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Judges have to up hold the law as it is written in statue for all.
This pathetic little judge could have done hundreds of things to allow the Home Secretaries decision to be implemented.
He represents all that is wrong with modern day Britain, a complete inability to do the right thing, a lets's take the easy way out, let's not upset the applecart
Instead he decided to take the 'holier than the rest of the population' view and declare that this scum can stay in UK.
It's no good bemoning his job and saying he's not happy with his ruling, if he's not happy don't rule that way.Every law under the sun is subject to different interpretation and if this useless imbecile of a judge was any good he would know that.
And just for the record I'm pretty certain this woman was probably taken to Germany under the East German communist policy of 'sucking up' to the African states and was probably given German citizenship under that defunct regime.
I can't believe that todays Germany would grant citizenship to a Cameroun woman except in exceptional circumstances.
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