A Latvian national who committed a series of offences while living in the island has lost an appeal against deportation.
The appeal court upheld the magistrates court decision to impose an exclusion order on Krists Bergmanis - and refused him leave to appeal to the Privy Council.
He still has the option of applying to the Privy Council for permission to appeal. In October last year Bergmanis appeared before the Deputy High Bailiff when he was fined after admitting two counts of being drunk in a public place - in Duke Street, Douglas and Glen Falcon Gardens.
He appeared before the Deputy High Bailiff again in March this year after pleading guilty to being drunk in the car park at McDonald’s.
He was given a conditional discharge and ordered to pay costs of £125.
The court heard that Bermanis was a fisherman who had lived here previously and had returned in October to work on fishing boats, but had been unable to get a work permit. Just days after his second court appearance, Bergmanis, by then living at Marine Parade, Peel, was arrested for an offence of disorderly behaviour on licensed premises.
He had been arrested at the Creek Inn in Peel where, the court heard, he had gone from table to table, annoying people, and at one stage put his arms around a woman.
He was asked to leave by the designated official, but then tried to kiss them.
Bergmanis continued to hang around the seating area, and became agitated, banging on a table and swearing.
The defendant then threw his rucksack on a table, causing a bottle to smash.
The 39-year-old pleaded guilty. Magistrates fined him £900 and ordered him to pay all fines and costs forthwith or spend 67 days in prison. He also received an exclusion order, banning from the island for five years following his release from jail. Bergmanis, who has no family living here, appealed the exclusion order, his lawyer arguing that magistrates had erred in law and failed to take into account the defendant’s human rights.
But the appeal court upheld the magistrates’ decision, pointing out the defence had not opposed the exclusion order at the time.
They noted that Bergmanis was a subject of interest to the immigration authorities and potentially liable for deportation. Appeal judges confirmed the exclusion order but stipulated that removal to Latvia could only take place once there was no further possibility of an appeal.
Then in a second judgment, the appeal court refused Bermanis leave to appeal to the Judicial Committee of the Privy Council, which is the highest court of appeal for the Crown Dependencies.
Judges said it was for him to appeal to the Privy Council for permission to appeal.