No place to hold boy (14) accused of dealing cannabis in Dublin

Tom Tuite

A 14-year-old boy accused of repeatedly breaking bail and cannabis dealing in Dublin has avoided custody because the State's main juvenile detention centre had "no room" to hold him.

The teenager has been before the Dublin Children's Court recently on various charges and faced a fresh application to remand him in custody. This move followed 20 recorded breaches of bail conditions over a short period.

The terms had included a 10pm–6am curfew and a ban from going to specific parts of the north inner city such as the Ilac centre and Moore Street.

However, despite Garda concerns, a judge was forced on Monday to release him again because there was no space to hold him at the Oberstown Children Detention Campus.

In evidence, Garda Sergeant Chris Jones said that the boy faced an application to remand him in custody a fortnight ago and again last week; however, he remained on bail.

The sergeant alleged that after the last hearing, the teenager had been observed in one of the areas he was barred.

He was stopped and allegedly caught with four bags of cannabis worth €115.

It was claimed that his mother was contacted, and told gardaí that she would not collect her son until €45 was returned to her from the cash seized. Tusla had to be contacted.

He has not yet been charged over that alleged drug seizure, but the court heard there have been six bench warrants for missing court appearances.

Defence solicitor Brian Keenan acknowledged that it was far from satisfactory for someone so young to breach bail so consistently, and his client was in a difficult situation.

However, he asked the judge to note new developments, such as the teen's admission to a youth diversion project and a separate supervision scheme that assists defendants in the Children's Court in sticking to bail conditions.

The solicitor submitted that would focus the boy's mind.

Judge Brendan Toale noted this was the third application this month to rescind the bail, and he was satisfied it had reached the point that bail should be revoked.

In tears, the boy's mother stormed out of the courtroom while a probation officer contacted the detention centre. However, it emerged that the facility had "no room" for the boy, and the judge could not proceed to remand him in custody.

His mother returned and her son was released to appear again next month but was warned the bail conditions would still apply.

The boy, who has not yet entered pleas, to possessing cannabis for sale or supply on November 13th in the north inner city, criminal damage to and unlawfully interfering with a car while trespassing at a property in Dublin 9 on July 14th. He allegedly trespassed at a house nearby a day earlier.

He has a second set of charges for possessing cannabis and having it for sale or supply on another date.

Disclosure of evidence was ordered over the charges on which pleas remain outstanding.

The boy spoke once, nodded and said yes to confirm that he admitted to shoplifting an electric toothbrush, toothpaste and baby wipes last year.

He was also referred to the Probation Service for a pre-sentence report to be drafted.