Kildare teenager receives 11 month sentence for his 'lack of responsibility'
Photo for illustrative purposes only
A TEENAGER who stole a PlayStation from a Tusla facility but who just turned 18 in the last month was jailed for 11 months “due to his lack of responsibility” by failing to turn up to mandated probation appointments.
The defendant cannot be named as the offence was committed as juvenile and his co-accused was his younger teenage brother.
“Ah, the notorious (named) brothers!” said Judge Desmond Zaidan as he welcomed the pair into Athy District Court on 25 November.
“They’re here for a probation report, and it’s very positive!” said solicitor Jackie McManus optimistically.
“(The older brother) has a terrible dose, so that’s why he’s so far back,” she added.
“I’m running out of patience; they never keep appointments,” said the judge after reading the report.
At their appearance less than a month ago the older brother failed to turn up and a ninth bench warrant was issued for him.
“Will you ring (Oberstown Youth Detention Centre) and see if there are any beds?” he asked ominously.
“If there are no beds, I’ll have to release him. (the court garda) will you put him in custody for now?”
The judge turned to the younger sibling in relation to his involvement with the robbery at the Tusla Primary Care Centre on the Dublin Road in Athy on 13 January last.
Sergeant Ruth Coleman explained that the two boys were there by appointment, and when left alone for a moment by staff, took the device at around 9am.
“He shows a lack of responsibility for his actions,” quoted the judge from the probation report.
“That’s not very good but you’re not a lost cause,” he said.
“But if you don’t get your act together…,” he warned.
“If someone broke into your home and stole your iPhone or your laptop or your bike, you wouldn’t like it,” said the judge.
“If you look at me like that again you will be looking at other boys in Oberstown,” said the judge to the younger as he rolled his eyes.
“You wouldn’t like anyone to do this in your home,” he added.
“Now your reaction is better than it was two minutes ago, that’s why I’m putting this back to 3 March for an updated probation report.
Turning to the older sibling, the judge’s attention was drawn to Sgt Coleman who informed him: “There is a bed available, but they won’t take him because he’s 18.”
“The probation officer is trying to keep you from prison, teach you right from wrong,” said the judge, “but if you don’t grow up I’ll wash my hands of you … and you can contact your cousin and find out what prison is like.”
The sergeant then revealed that he was also on a summons for being part of a four-man gang who threw stones at a car causing €200 worth of damage.
“That’s not nice. How would you like that?” asked the judge, but again to a mumbled non-response.
The judge then noted that the older brother had missed two appointments in August as well.
“I had a court appointment that day, and I couldn’t be in two places at once,” he replied..
“If you notified the office that would be in the report,” said the judge, shaking his head.
“He still denies involvement in the burglary, and really, he will continue to give his details to gardaí due to his lack of responsibility,” said the judge, as he finally lost patience with the teen, jailing him for 11 months.
He then set an independent surety of €500 “of which €250 is in cash. But not from this man”, pointing to the boys’ accompanying uncle.
“I am concerned about his involvement with those boys.”
Later that afternoon a number of other relatives arrived in court to hand over the necessary cash to secure the youth’s release.


