Teen's alleged theft from care home sparks criticism at Kildare court
“It seems he has some serious challenging needs, and I feel sorry for him."
A JUDGE criticised the Irish state again for its perceived failings in failing to protect children in its care, after yet another under-18 person came before him charged with property crime [theft, vandalism] at their own care home.
“This could be coincidental, but these young people who come before me, and who are their victims? Their care homes!” Judge Desmond Zaidan commented during a closed-door session in Naas District Court last week.
“If you send your child to boarding school, the teachers would be fully in charge – kids there cannot open a door and walk – but in care homes a ten-year-old can open a door and walk,” the judge said.
“I have criticised the state on this before, but there is something wrong with the system. If that was mine or your child, you would want to know.
“There is very little child protection. Alleged,” he added to protect himself.
He was speaking in the case of a 17-year-old who was appearing in court for the first time, charged with criminal damage and theft on a date in July last year from the care home in central Kildare in which he was placed.
“I have a two-page letter here from Tusla, and I note Tusla does not believe him fit for trial,” said the judge. “It seems he has some serious challenging needs, and I feel sorry for him."
“He is on station bail?” the judge checked with investigating officer Garda Stephen Potter, which the garda confirmed.
The barrister acting on behalf of the boy – Donnacha Craddock BL – said he had sought his client’s documents from the court presenters “but their email box was full”.
“No, it’s not,” countered Sergeant Dave Hanrahan. “Mr Craddock was using the wrong email address,” he added.
“The defendant crashed a car in one incident, and allegedly broke into premises at the care home,” he expounded on the details of the charges.
“You’ve both got these two pages?” the judge held up the Tusla letter, and both Sgt Hanrahan and Mr Craddock replied “Yes”.
“Autistic young people may be more compliant with statements that might not be true. Be aware of this,” warned the judge.
“When in garda custody, they may not have the capacity, or fear, to say that didn’t happen that way,” he said.
“The full decision is with the DPP,” he concluded, before adjourning the case to 6 November for direction.
