Teen vandals sent to Kildare courthouse cell 

TWO teens whose reckless behaviour caused over €10,000 damage to a van got a taste of detention after a judge remanded them in the court’s basement cells over lunch, before eventually releasing them on a 12-month Peace Bond.

And though proceedings brought one of the fathers to tears in court, it was learned that the injured party will have to take the insurance hit, as neither family produced their share of restitution for the damage.

The two had pleaded guilty to reckless endangerment and criminal damage to a VW Caddy van after they threw pallets, traffic cones, and gas cylinders into the road of a town in the Naas Court District in the early hours of 26 July which caused a man on his way to early work to swerve and caused €10,582 worth of damage to his Caddy van.

Last month, Judge Desmond Zaidan had been tempted to sentence both to Oberstown Youth Detention Centre but granted an application by their solicitor Tim Kennelly to have the pair referred to the Probation Service, and this week (5 March) that report was presented to Naas District Court.

Calling the pair’s case just before the lunch recess, Judge Zaidan checked: “Have they seen, or set eye on the inside of a cell?” and when told “no” by Sergeant Mary Meade, decided: “I’m going to give them a scare”.

“Remand them in custody until 2pm. I want them to see the inside of the cells.” 

On the return of court, the pair of 15-year-olds were fetched up, while the judge perused the probation report prepared on the boys.

Straight away, the judge noted that one of the defendants admitted to the probation officer that he smoked cannabis every day.

“Who supplies your cannabis?” he asked, but before he could get an answer, the respective mother interjected: “he doesn’t smoke every day. I don’t know why she (probation officer) wrote that down”.

“I know this is not music to your ears, but we’re trying to get from rock bottom. You cannot let this fester,” said the judge.

“You should not be attacking the probation service,” the judge warned the mother.

“I could send them to jail, where they could be serving their sentence with Boy A and Boy B (from the Anna Kriegel case) in Oberstown,” he said.

Turning back to the boys, he asked about their lunchtime experiences.

“How disheartening is jail downstairs? You know it’s over 200 years old – older than the Old Bailey in London … it’s very Victorian. You would gasp with shock down there,” he said.

“I want you two to realise that’s your choice,” he said bluntly.

“It wasn’t good,” said one.

“Time went so slow,” said the other.

“The toilet is a hole in the ground,” said the judge.

“You have to squat,” said one of the boys.

“He says he’s off it (cannabis) now,” offered Mr Kennelly, returning to the report. “It’s not as bleak as one would think”.

“Yes, it is,” said Judge Zaidan, “the person that deals to him is still out there”.

“For the two hours, they found it to be a harrowing experience,” said Mr Kennelly of their incarceration. “They were petrified going in, worse coming out.

“The stay in the cells has worked, and I’d be very surprised if they ever came before you again.” 

The judge commented: “There is a difference between mischief and criminality.” 

“They are children,” Mr Kennelly said.

“But being children doesn’t give them the right to do this … putting obstacles out on the road,” said the judge.

“From the report, I see he’s bored at school … how are you going to get him to re-engage?” 

“He has no cop-on or maturity,” said one of the mothers.

“I see the other mother is mortified he smokes weed,” said the judge.

“Oh, I’ve smelt weed off all of them,” said the other mother.

“At least you’re honest,” noted the judge.

Discovering that one of the boys had sat the Junior Cert, got “five passes” and had contacted SOLAS, the judge suggested looking at apprenticeships.

“They make more than you, Mr Kennelly,” he said.

Noting a father in tears in the empty public gallery, the judge said: “I’m going to give them a chance, but are they willing to give themselves a chance?” “You’ve got to turn these boys around, because you won’t be here forever,” said the judge to the parents.

“This was some shock for that man, if forced onto the pavement, he could’ve killed someone,” said the judge referring to the trauma of the injured party.

“I don’t know what benefit it would be to lock up two 15-year-olds … but you’ve got to know where they are 24/7 until they turn 18 and move out.

“You are very fortunate the probation officer has seen some good in you, otherwise I would’ve sent you each to Oberstown for two years.

“This unfortunate man won’t be compensated, because these guys have no money, so his insurance will go up and up, and he doesn’t deserve that,” said the judge.

Noting they had no previous convictions, and had both leaded guilty early, the judge decided to put the pair on peace bond each for 12 months, which included attendance at full-time training, and regular urinalysis testing.

“The fact is you’re walking today without handcuffs, but if you’re ever drunk in public, you will be brought back here, and you will go to jail for two years,” concluded the judge.