April 24 2014 Latest news:
Tuesday, December 3, 2013
A violent mentally ill man who successfully appealed against deportation after a prison term fractured an 86-year-old woman’s pelvis in Ipswich eight months later.
Ipswich Crown Court heard that in 2008 a judge at Coventry District Crown Court had said Herve Mika should be sent back to the Congo.
The judge made the recommendation at Mika’s sentencing for racially or religiously aggravated assault and affray.
However, Mika successfully appealed against his deportation in July last year.
On March 5 this year he committed grievous bodily harm on the 86-year-old at Sainsbury’s in Upper Brook Street, Ipswich, leaving her with life-affecting injuries.
At the time the 24-year-old was trying to flee from staff who suspected him of shoplifting when he pushed his victim to the ground during his bid to escape.
It is understood that Mika was given a deportation order as a result of the judge’s recommendation in 2008.
However, he appealed the order on human rights grounds as he would not be able to get the medication he required in the Congo.
A judge upheld his appeal in July last year. One of the considerations in Mika’s favour was said to have been because he was deemed to have been at low risk of re-offending.
At the time he had been in the UK for eight years.
Ipswich Crown Court heard there had been previously been a doubt over his mental fitness to enter a plea to GBH, but subsequently he admitted the charge after being deemed fit to do so.
Prosecutor Michael Crimp said Mika was suspected of shoplifting in Sainsbury’s on February 24, but ran off.
He returned to the store on March 5. When a member of staff said they wanted to speak to him in relation to an alleged theft Mika initially walked towards the office, before trying to run away.
Mr Crimp said as Mika, of no fixed address, attempted to flee the store he pushed the elderly woman with “some force”, causing her to fall to the floor. A victim personal statement to the court made it clear changes had to be made to the victim’s life as a result of what happened.
The court was told Mika’s first conviction in the UK came before Birmingham juvenile court in 2006.
He previous convictions are for theft and assault.
Mr Crimp said Mika had also been convicted of battery on two people he had encountered in the street.
Mika’s most recent conviction was on Friday last week before Norwich magistrates who gave him a 12-month conditional discharge for assaulting a prison officer.
Sentencing Mika for GBH Judge David Goodin ordered him to be detained without time restriction under the Mental Health Act.
The judge accepted Mika did not push the 86-year-old out of hostility or animosity.