Murder accused says Somali documents 'not real' as doubts persist over age

Tom Tuite

A Somali youth accused of murdering Ukrainian teen Vadym Davydenko in care in Dublin expressed condolences in court on Tuesday and claimed documents stating he is a juvenile were “not real”.

The youth, aged 17, according to his charge, again appeared at the Dublin Children’s Court before Judge Paul Kelly via video link from the Oberstown Children's Detention Campus.

Vadym, who was 17 years old, was stabbed at around 11 am on October 16th during an incident at a 24-hour facility in Donaghmede, where he was placed in care after recently arriving from Kyiv.

At a wide-ranging procedural hearing, the accused asked for forgiveness and claimed his documents were false.

His defence stated that doubts persist over his age. A psychiatric report was ordered. Judge Kelly noted that Somali authorities have yet to respond to Garda queries.

When told the document with his date of birth still had to be confirmed, the youth replied that it was “not real” and his “country has gone to bits, and anyone can make a document to say they are 17”.

The accused cannot be named while the case proceeds on the basis that he is a minor.

He was further remanded in custody until Monday pending directions from the Director of Public Prosecutions (DPP).

Detective Sergeant Mark Quill updated the court on the case's progress. A file has been submitted to the DPP, and directions were expected by the end of this week or early next week. He said additional charges were possible.

The accused, via his interpreter, mentioned a letter. His barrister, Doireann McDonagh, then informed the judge that the defence had written to the DPP.

She said the defence acknowledges doubts about his date of birth. However, if he is confirmed to be a minor, the case falls under the new juvenile justice protocol. The trial must then be completed within a year of being charged.

The barrister submitted that there was serious “time pressure”.

Judge Kelly, the District Court president, noted that proceedings had commenced almost two months ago, following the October 16 incident.

The barrister said that if it turned out the accused was not a juvenile, the protocol would not be necessary.

At his prior hearing, four weeks ago, Detective Sergeant Quill had stated that enquiries into the defendant’s documents had begun, and gardaí were in dialogue with Somali authorities in Brussels.

Asked by counsel yesterday/today whether there had been any update on her client’s documents, he answered, “At present, no.”

“We are trying to expedite matters as quickly as possible, but, unfortunately, we’re in the hands of the Somalian authorities to confirm them for us, but we are making as many requests as possible to get engagement, but it’s one-way at the moment, unfortunately,” he added.

The judge agreed that it made sense to proceed as though the defendant was still a child in law.

The judge extended legal aid to include representation by senior counsel and granted a defence application for a psychiatric report.

After further translation, the accused, who has not applied for bail or entered a plea, said: “I would like to send my condolences and ask for forgiveness for the child”.

Solicitors for the DPP and Tusla, the child and family agency, attended the proceedings.

His first two hearings saw the accused surrounded by gardaí in helmets and protective gear.

However, those measures were unnecessary at his latest two court appearances, yesterday/today and on November 18th, which were conducted via video link from the juvenile remand facility.