Illegal worker only got bed and board, court is told

A Chinese man has been fined €350 for working illegally in a city shop where he was getting his board and lodgings in lieu of pay.

XI Xui (32), 6 Barr Taoide, Merchant’s Road, and formerly of 152 Laurel Park, Newcastle, pleaded guilty before Galway District Court to working at the XL shop in Dominick Street, without a employment permit.

He pleaded guilty also to failing to produce a valid passport or similar document to immigration officers who inspected the shop on September 14 last.

Garda Damien Gormally gave evidence he executed a bench warrant that morning which had been issued by the court on December 2 last for Xui’s arrest after he failed to appear before the court then to answer the charges.

Garda Gormally said that Garda Tony O’Reilly from the immigration office inspected the store at 1.45p.m on September 14 last and found Xui working.

He demanded to see his passport and his work permit.

Xui admitted he was in this country illegally and he didn’t have any documents.

He had been in the country since 2004 and became the subject of a deportation order last year.

He was in custody for a time last year awaiting deportation but was released after his application for asylum was successful, Garda Gormally explained.

He said Xui had indicated to him that he wanted the services of a interpreter for the court hearing.

Judge Mary Fahy observed a Chinese interpreter had been booked to appear before the court in early December to interpret for the accused.  The taxpayer, she said, had been put to considerable expense to pay for the interpreter on that date and he didn’t even bother to turn up.

“You couldn’t make it up,” Judge Fahy said, after hearing he had been in the country since 2004, and had no language difficulties while working behind the counter in the shop.

Garda Gormally confirmed the accused had two previous convictions for similar offences in 2010.

Defence solicitor, John Martin said Xui had come to Ireland to attend a language school  in 2004, but had to abandon his studies after being stabbed.

He said the man had ongoing medical issues as a result of that attack which required hospital visits.

Mr Martin said his client helped out in the shop from time to time for room and board with no cash.  “He’s of very limited means and his health is not good,” he added.

Judge Fahy noted Xui was awaiting status at the moment, a process which could take some time, she said, before she imposed a €350 on the  first charge, while taking the second, into account.

She also granted him free legal aid after Garda Gormally confirmed he was not in receipt of any social welfare payments.