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him that she was not shouting and that she was inside her bathroom giving her
daughter a shower. She asked him why he came to her front door, that he was not
allowed to be there but the Defendant ignored her and continued to bang and kick on
the door. This went on for about 5 to 10 minutes and caused a great deal of distress
to his wife and daughter and made them scared for their safety. His daughter started
crying because of the commotion and loud banging. The Defendant left after his wife
asked his cousin to call the police. Mr Mathiyalagan stated that he telephoned the
police on 101 to report the incident and was asked to go and make a statement at
Edmonton police station. He stated that he did so in the morning of Tuesday 06
March 2018.
7. On 26/02/2018, Mr Mathiyalagan stated that he returned from work at 11:30pm and
went to the kitchen to get something to eat; his wife and daughter were already
asleep. At about 11:45pm, while he was in the kitchen, he heard loud banging noises
on his front door and rattling noises on his letterbox. He thought that his cousin had
returned from work and was knocking on the door to be let in, he went to the door
and spoke in his language but there was no response. He then opened the door and
saw the Defendant standing outside his front door. As soon as the Defendant saw
him, he ran away. The matter was referred to the police but no actions took place.
8. It is submitted that the Defendant should have been arrested, kept on remand and
brought back to the County Court pursuant to CPR 65.47 which states as follows:
(1) This rule applies where a person is arrested pursuant to -
(a) a power of arrest attached to a provision of an injunction; or
(b) a warrant of arrest.
(2) The judge before whom a person is brought following his arrest may -
(a) deal with the matter; or
(b) adjourn the proceedings.
9. The Police are aware of the injunction order as they have been served with a copy of
the same. However, they have failed to enforce the terms of the interim injunction.
10.The Claimant is therefore bringing an application for the Defendant’s committal.
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