Kildare arson case thrown out because of state delays

A TEEN in state care who allegedly caused over €50,000 of damage in two arson attacks in the group home he’s stay at in Kildare had all charges struck out because of state delays in progressing the case before he ages out.

Naas District Court heard behind closed doors that the teen allegedly set two fires at Tigh Nua in TwoMileHouse on 7 August and again on 10 September, causing an estimated €8,000 on the first occasion, and €46,745 damage on the second date.

“So where now if I release him?” asked Judge Desmond Zaidan.

“To me mother in Artane,” said the boy, who will be turning 18 this year.

“The juvenile liaison officer (JLO) should’ve been available way before this – that’s why I wanted it marked ‘peremptory’,” said his barrister Donnacha Craddock.

“The state didn’t know the value of the damages at that time, that’s why we didn’t engage the JLO,” explained Sergeant Mary Meade for the prosecution.

JLOs are gardaí who have been specially trained to deal with young people and their families in relation to crime-prevention through the operation of the diversion programme. They are involved in all other areas involving young people and the criminal justice system.

“Without the section 75, I’d be marking this for trial by indictment,” warned Judge Zaidan.

(Section 75 of the Children’s Act allows for a district court to treat a matter normally destined for the circuit court to remain in the lower court.) “If I can have three months, I’ll have directions,” said Sgt Meade. “I’m told the file has gone to the JLO.” “That’s insufficient,” said Mr Craddock.

“You couldn’t make this up,” commented the judge. “When this first came before me in September, I refused bail, and so it became incumbent on me to check for a bed [at Oberstown Youth Detention Centre]. Then the investigating officer came back and said ‘no bed’, so I had to release and marked it ‘peremptory’ [no further adjournments].

“I will strike it out without prejudice,” said the judge assenting to Mr Craddock’s wishes, but warned him: “The state may wish to revisit this case. The offences are only four months’ old.”