Two mothers who traveled to Dubai for a “cosmetic procedure” during the lockdown are embroiled in a Covid horror.
25-year-old Niamh Mulreany and her 30-year-old boyfriend Kirstie McGrath, who allegedly refused to enter the mandatory hotel quarantine after arriving at Dublin Airport from Dubai, have fallen into fear in which at least six guardians have been asked to self-isolating at home.
The women’s lawyer declined to comment last night, reports the Irish mirror.
In a statement Gardai said they are not commenting at the moment but said there is “no impact” on the services of the force at this time.
“As the Ministry of Health is in charge of the management of the mandatory quarantine, An Garda Síochána will not make any further comments at this point.
“An Garda Síochána will not comment on the individual status of members of An Garda Síochána or individual Garda stations / sections.
“There is currently no impact on the services of An Garda Síochána.
“A Garda Síochána will provide the necessary information about our serviceability if necessary,” said a spokesman.
On Sunday, both women were released from Mountjoy Women’s Prison at the foot of a High Court order – but said they would have to isolate themselves in a hotel.
On Sunday, Justice Paul Burns changed the couple’s bail conditions.
The judge denied the women’s request to be quarantined in their respective homes instead of the hotel so they could be reunited with their children.
The judge said that given the public health situation caused by the Covid-19 pandemic and measures to reduce new virus variants in the hotel, they must be quarantined.
Both women were arrested and charged with violating Section 38 of the Health (Amendment) Act 2021 for refusing to be quarantined after allegedly refusing to enter the designated hotel last Friday.
They were released on bail by the District Court on Saturday but were unable to meet the financial conditions imposed on them, leading to their detention in Mountjoy Women’s Prison.
At the request of her lawyers on Sunday morning, the judge opened an investigation under Article 40.4.2 of the Constitution into the legality of her detention in Mountjoy Women’s Prison.
Following discussions between lawyers on behalf of the parties, this measure has now been converted into a constitutional challenge to laws requiring people to be quarantined upon arrival in Ireland from certain countries.
Lawyers for the DPP and the governor of the prison denied the request, arguing that their detention was valid.
They also argued that while they were okay with the situation the two women found themselves, in the interests of the common good, mandatory quarantine was put in place to counter the spread of Covid-19.
The court heard that they had traveled to the UAE where they were treated for cosmetic procedures but ultimately not cosmetic.
The court also heard that the trips and trials were birthday gifts funded by the women’s respective families and friends.
The couple were released on bail by the district court on Saturday, subject to the condition, among other things, that they stay at the hotel and leave their own bail of € 800, of which € 500 must be deposited.
They also had to provide an independent guarantee of € 2,000, of which € 1,800 was deposited. They should also stay in the designated hotel, hand in their passports and not leave the jurisdiction.
However, the High Court heard that none of the women were able to bail them, resulting in their incarceration in jail.
After the talks, the contracting states, represented by Kate Egan Bl and John Gallagher Bl, agreed that the financial conditions for their bail could be relaxed.
Mr Justice Burns then agreed with the state that the two must be quarantined at the hotel, not at home, as there is currently a presumption of constitutionality.
He gave the two of them bail on condition that they behave well and that there is a € 100 loan with no deposit required.
He added that the two may not have to spend the 14 days at the hotel as there is a grievance mechanism under the 2021 Act that they can use.
The judge also noted that the law also includes an exemption for people who cannot afford to pay for hotel quarantine.
He warned them that any quarantine violation could return them to the position they were in.
In their action council, John Fitzgerald SC, who appeared with Keith Spencer Bl and was instructed by attorney Michael French on behalf of the two women, claimed that their detention was unlawful.
The lawyer said the bail conditions imposed by the district court were “draconian and disproportionate” given the circumstances.
The women have no previous beliefs and had tested negative for Covid-19 after three recent tests, he added.
Her mandatory quarantine, which his clients were not aware of before they left for Dubai, represented a form of preventive detention for which there is no lawful basis.
The attorney said Ms. McGrath of St. Anthony’s Road, Rialto Dublin 7, is the mother of children ages 10 and 8 and the recipient of the single parent allowance.
Her trip to Dubai was a 30th birthday gift funded by family and friends.
She was about to undergo a cosmetic medical procedure which she believed would assist her in handling some personal matters. The attorney said that Ms. McGrath’s mother, who said goodbye to her job, took care of her two children.
However, her mother will have to return to work in the coming days.
The mother of a Niamh Mulreany, who also celebrated her 25th birthday in March, had also financed her trip as a gift from a family member.
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Ms. Mulreany of Scarlett Row, Essex Street West, Dublin 2, who had previously undergone breast augmentation surgery, had traveled with the intention of undergoing a corrective procedure in Dubai.
She did not continue the proceedings either. She also receives the single parent allowance.
When they tried to return to Ireland from Dubai on March 31 last year, they were told that she would have to pay € 1,850 to quarantine at a hotel upon arrival in Dublin.
They were unable to pay that amount and were told in Dubai that they would be denied entry to Dublin if they did not book and pay for the hotel in advance.
They weren’t allowed to fly to Dublin for two days. Following presentations by a public official and the Irish Consulate of the United Arab Emirates after agreeing to make deferred payments for the hotel.
They had also believed that their children could stay with them in the hotel. However, when they returned to Ireland they were told that they would have to pay the fee and that their children could not stay with them.
As a result, they reportedly refused to go to the designated hotel because they could not afford the fee and because they were worried about their children.
In response, Mr Gallagher said on behalf of the governor that information about the mandatory quarantine was made public on the day before the women’s final trip to Dubai on March 24th.
Under all circumstances, the lawyer said that both women were validly detained.
The matter will return to court later this month.