Page 702 - 9. 1st half 2018 New 26-05-21 No Table
P. 702

DIRECTIONS ORDER

                 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.
                 27.    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.
                 28.    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:
                 11. This rule applies where a person is arrested
                    pursuant to –
                 12. a power of arrest attached to a provision of an
                    injunction; or
                 13. a warrant of arrest.
                 14. The judge before whom a person is brought
                    following his arrest may deal with the matter;
                    or
                 15. adjourn the proceedings.
                 29.    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.
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