On our streets, criminals we can’t get rid of
BOY WHO STABBED HEADMASTER TO DEATH
Italian Learco Chindamo came to the UK aged six with his mother and two brothers. In 1995 he murdered headmaster Philip Lawrence, who was stabbed to death in 1995 after going to help one of his pupils.
Chindamo cannot be deported because, under the 200 Immigration (EEA) regulations, criminals can be removed only if they present a ‘genuine, present and sufficiently serious threat affecting one of the fundamental interests of society’.
The High Court said Chindamo did not meet the criteria. Article 8 of the Human Rights Act – the right to a private and family life – was also considered in his favour. David Cameron said the decision was ‘complete madness’ and ‘flies in the face of common sense’ and demanded Chindamo ‘should be deported back to his country’.
KICKED HUSBAND TO DEATH
Theresa Rafacz, from Poland, arrived in 2007 and found a job in a restaurant. She killed her husband, Piotr Rafacz, by repeatedly kicking him in the face but cannot be deported because judges ruled she did not meet EU criteria of posing a serious threat to the public, despite the judge ruling the offence was one of ‘gratuitous violence’.
KILLED CYCLIST WHILE OVER DRINK-DRIVE LIMIT
Andrzej Stankiewicz, from Poland, came in June 200 to work as a tailor. He mowed down a cyclist in West Lothian, Scotland, in June 2010, driving ‘out of control’ and ‘at high speed’ while three times the drink-drive limit. But he can’t be deported because a tribunal said there was ‘no likelihood’ of him drink-driving again so he did not meet EU criteria.
RAN DOWN AND KILLED 97-YEAR-OLD
Joao Pedro Correia Lopes, of Portugal, came in August 2001 and found work driving a lorry.
He was sentenced to four years in jail for causing the death of Nora Gutmann, 97, by dangerous driving in June 2011. But he cannot be deported because judges gave him credit for his ten years’ of residence in the UK. Crucially, they said if it had been UK rather than EU law they ‘may well have concluded’ his deportation was lawful and proportionate.
WIELDED SHOTGUN AT HOME OF GIRL, 7
Jordan Epee-Homb, of France, moved to the UK when he was 1 years old with his parents.
He has several convictions including drug possession, criminal damage and assault. He was jailed for four-and-a-half years for possessing a shotgun with intent to cause fear of violence, after going to a target’s home in Waltham Abbey, Essex, which was occupied by his mother and a seven-year-old girl.
But judge said deporting would be inconsistent with EU law. They pointed to a young son and relationship with a woman.
STRING OF ROBBERIES
Lukasz Tomasz Wozniak, of Poland, has convictions for careless driving, theft, fraud and driving without insurance. He was jailed for 32 months in 2011 for two robberies in a park in Banbury, Oxfordshire, described as ‘completely terrifying’.
But a tribunal ruled he didn’t pose a serious threat especially after two years without re-offending.
GANG WHO BEAT UP MARINE
Arqr Wazny, of Poland, was part of a gang that beat up Royal Marine Nigel Leppington, who stepped in to protect a neighbour under attack, in Dorset. He was jailed for two years for violent disorder. A tribunal said it was his first conviction and gave him credit for his ‘family life’ because of a young son living in the UK.
RAPIST CONVICTED OF DRINK-DRIVING
Mircea Gheorghiu, of Romania, entered illegally in August 2002 to work as a builder. He only became legal in January 2007 after Romania joined the EU.
In November 2007 he was convicted of drink-driving and disqualified. Checks revealed a previous rape conviction in Romania.
He was deported by the Home Office in March 2015 because of his rape history but allowed back in after tribunal ruled he did not meet the EU requirement of posing a serious threat and must be ‘reunited with his family as quickly as possible’.
HID DRUGS IN A JET SKI
Lithuanian Mantas Baibokas applied to remain as a self-employed businessman in 2001 but was refused. He became legal here in May 2004 after Lithuania joined the EU. Baibokas was caught driving under the influence in 2008 and in 2012 was convicted of possession with intent to supply over 7kg of amphetamine found in a jet ski in his garage. His tribunal ruled he did not pose a ‘genuine, present and sufficiently serious threat to the interests of society’ and expulsion would be ‘in breach of the EEA Regulations’.
SWALLOWED COCAINE TO SMUGGLE THROUGH PORT
German Kingsley Chukwudinma Nwanekwu arrived in the UK legally in March 2003. He was caught after he swallowed 101 packets of cocaine worth £250,000 and tried to enter the UK through Dover. He was jailed for eightand-a-half years but the Upper Tribunal said removal would be ‘disproportionate’ and inconsistent with EU law.