Judge calls Kildare teen’s TV expose 'a damning indictment'
Max appeared in the recent RTE Prime Time Investigates
A JUDGE described a vulnerable, homeless youth’s decision to get arrested, convicted and jailed because he was tired of living rough “as a damning indictment on the second or third richest country in the world”.
Max O’Neill (18), with an address given in Dunmurry Estate in Kildare town but now a guest of the state, appeared in Naas District Court last week (21 May) from custody, where he is serving a Circuit Court sentence for setting fire last year to one of his 20 care homes he had stayed.
Though well known to a sympathetic Judge Desmond Zaidan, having appeared before him for the last five years, Max is also well-known to the Irish public after he featured on a in April where he disclosed sleeping in a multi-storey car park in January.
“How are you, Max?” asked the judge when it was his turn to be called.
“Fine, judge,” said the teen, flanked by two prison officers.
“Busy since we last spoke?” said the judge.
“I lived in a situation where I was better inside,” said Max simply.
“If you stayed on the street, you’d be dead,” acknowledged the judge shockingly.
“Have you seen your (TV) programme?” he asked, changing tune.
“I have, judge,” said Max.
“Have you given Mr (Tim) Kennelly an autograph? Have you given the prison staff one?” smiled the judge.
“I saw that programme, it was heart-wrenching. This is 2026, with all the money we have, and we can’t look after kids like you,” said the judge.
The premise of the Primetime show was the large gap in step-down care for kids in State care aging out of the system with no supports.
“I was heartbroken,” said Judge Zaidan, himself a career-long critic of this gap.
“You were so well-spoken, but at the end, I was disappointed you were in custody.
“This is not a good reflection on our county … our Children’s Rights Charter is supposed to be the best in the world, and it makes a mockery of this.
“To see those other kids in the raw, to see the mother of a girl who disappeared from State care who went day after day looking for her daughter was depressing.
“These kids are going from the frying pan to the fire.
“This is childcare in Ireland in 2026, I’ve been here 20 years, and I’ve seen it first-hand.
“You’re supposed to be in after care from 18 to 21, but then what happens when you’re 21?
“The State is not helping, they have failed you time and time again since they took you in care (when Max was three).
“Now you’re an adult, you’re an 18-year-old, you’ve got to prove the State wrong, you’ve got to go out and make something of your life.
“On that programme you were so articulate, so eloquent, but even professionals couldn’t explain as well as you the horrors you’ve been through.
“They’re probably happy you’re in prison now, so they don’t have to look after you anymore,” said the judge shaking his head.
“He turned 18 in October, and these three charges happened since,” explained Mr Kennelly.
“He’s a very rare client of mine, who’s had a TV programme explain his situation.
“The ‘in camera’ rule (behind closed doors) was designed to protect children, not Tusla,” snapped the judge, referring to one of the failings highlighted in this.
“I’ve been in five weeks, and have a lot more stability in there,” said Max.
“Food and bed,” noted the judge.
“I’m working in there now, I started as a cleaner, and now I’m a painter,” said Max.
“You’re also a writer,” the judge reminded him, “you were writing poetry at 15, in care”.
“My client had asked the court to rescind his bail because he was sleeping in a car,” said Mr Kennelly.
“Last year Max was before me, and unfortunately somebody gave him intoxicants, and he was lying beside a wheelie bin and tried to use it as a help to get up, but the bin moved and rolled out on the road, and that was reported to gardaí,” said the judge.
“He only used it to stand up,” said the judge.
“He has a good relationship with is mother, but Tammy is an addict,” grimaced Mr Kennelly.
“You are unique, and you have your own talents, and hopefully that will make you stronger,” said the judge.
“Hopefully you have the strength to realise that the circumstance that made you ask a judge to put you inside is a damning indictment on the second or third richest country in the world,” he said.
At this point the judge turned to Sergeant Dave Hanrahan to outline the charges before the court today.
The court heard how these were criminal damage to a door at Best Burger, theft of two vapes, and a damaged window at Best Buy – all in Naas – on three dates in mid-December.
“There’s criminal damage at a care home as well,” he added.
“Max, you have to take control of your life, you know right from wrong, and you don’t want to end up in jail fulltime.
“Your parents let you down, the State has let you down, so make it worth it,” said the judge, and he gave Max the benefit of the Probation Act [ie. No additional convictions] “on all charges here today”.
‘ ’ was broadcast earlier this month. It is still available on the RTÉ Player for anyone who wants to examine the depths of Max’s abandonment by the State services.
