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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:
• This rule applies where a person is arrested
pursuant to -
24.11.2013 a power of arrest attached to a
provision of an injunction; or
24.11.2014 a warrant of arrest.
• The judge before whom a person is
brought following his arrest may-
(g) deal with the matter; or
(h) 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.
The Claimant is therefore bringing an application
for the Defendant’s committal.
Extra Biro text
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LEMMYS Index I received on the 25/06/2018
CLAIM NUMBER: E00ED049 - Date: 15/05/2018 - “URGENT” /
Defendant's conduct we would seek permission to have service of the application dispensed
with