A well-known con-woman and daughter of a property tycoon will not get the psychological care she needs if she is sent to the UK to serve a prison sentence, her lawyers have told the High Court.
Farah Damji (53), was on trial in the UK when she came to Ireland in February last year. She was convicted in her absence by Southwark Crown Court, London, of two breaches of a restraining order in April and June 2018.
Ms Damji, who said she was from Iceland, was living at Bachelor’s Walk, Dublin 1, and is the daughter of a South African-born property tycoon. She has convictions for fraud and theft dating back to the 1990s.
Long-term psychotherapy
At the High Court today Joanne Williams BL told Mr Justice Paul Burns that a psychologist had written a report for the court in which he said Ms Damji needs "long term psychodynamic psychotherapy" to help her with her mental health issues.
The doctor added that there is "no prospect she will be able to access appropriate treatment in the UK," due to a lack of specialists. At a previous hearing Ms Damji's lawyers submitted a psychiatric report which also stated that Ms Damji had a serious condition that could not be treated in the UK.
Today Ms Williams argued that to extradite Ms Damji knowing that she would not get adequate treatment would be a breach of her rights under Article 3 of the European Human Rights Act, which prohibits inhumane treatment.
Emily Farrell SC for the Minister for Justice said there is no evidence that Ms Damji's mental health would be so diminished by surrender to the UK that her Article 3 rights would be breached. Counsel said the UK authorities had filed affidavits saying that on arrival Ms Damji will be seen by a GP who would refer her to any appropriate specialists.
Mr Justice Burns adjourned the matter until March 26th.
Consequences
At a previous hearing Mr Brian Storan BL for Ms Damji said that he had supplied the court with a psychiatric report which said that Ms Damji had a serious psychological condition that could not be treated in the UK, where she had been repeatedly misdiagnosed.
Mr Storan told Mr Justice Burns that the doctor could treat the condition in Ireland and that Ms Damji's condition could have "very grave" consequences for her which could be life-threatening if she is sent to the UK.
The doctor "is here [in Ireland] and will be in a position to treat Ms Damji," said Mr Storan, who said it was "very unlikely" that she could receive the treatment in the UK.
Ms Farrell said that Ms Damji had been convicted for breaching a restraining order in the UK, granted to two males, by naming, stalking and harassing them. She was also facing a sentence for absconding from her trial.
Voicemails
Ms Farrell said that in Ms Damji's trial in the UK the court heard she called one victim 10 times a day, left voicemails and contacted his wife's cousins to get his wife's phone number. The restraining order also precluded her from naming, by any means, a male who was a victim of her harassment.
Ms Damji was convicted for breaching restraining orders and sentenced to 27 months in prison, having absconded from the court after three days of her trial. The court issued a bench warrant, and she was arrested in Dublin in August of this year on foot of a European Arrest Warrant.
A previous sitting also heard that Ms Damji's father was a multi-millionaire who passed away 10 years ago and that Ms Damji claimed to gardaí that his fortune had been put into a trust for his grandchildren and that she did not inherit his wealth. She has six convictions for 28 offences, which include multiple theft and fraud offences dating back to 1995.
Det Gda Eoin Kane refused to accept that Ms Damji was of limited means and said that she was in possession of Rolex and Breitling watches in her apartment when arrested.
