Two teenagers, whose criminal activities are so serious as to pose a threat to their lives, had legal representatives in Dublin District Children’s Court on Monday, despite the ongoing solicitors’ strike over legal aid reforms.
None of the other 20 or so boys, aged between 14 and 17, appearing on charges including public order, theft, dangerous driving and assault, were represented by solicitors.
Most cases were adjourned, despite in some cases the boys or older family members asking for them to be dealt with.
“It’s been going on a long time,” one boy said.
Solicitor Brian Keenan, appearing for a 17 year-old boy, told Judge Brendan Toale he was “not formally here” given the strike, but was “conscious of the exceptional concerns this court has had about [the boy’s] life”.
“Obviously this court has expressed certain views in respect of the State’s failings of [the teenager] in the past. The [strike] is unfortunately impacting young persons who shouldn’t be impacted,” he said.
The adolescent, who is facing charges on the basis of allegedly being found in possession of crack cocaine, was accompanied by his father, mother, sister and great-grandmother.
Asking the judge to adjourn the case for “four to six weeks”, Keenan said: “If the [strike] has been resolved I will be in a position to deal with it at that stage.”
The court was “in something of a bind”, the judge said, addressing the boy. “There is an obligation to try to progress these matters. That’s in your interest, but there is also an obligation to ensure you have an opportunity to address everything [with a solicitor].”
A 16-year-old, described by the judge as “a case crying out for special care”, appeared in connection with multiple charges related to alleged car theft, dangerous driving, driving without insurance and driving without a licence.
Special care is the most secure form of care where a young person can be detained by the High Court.
Barrister Orla Doolin, representing him as he is a minor in custody at Oberstown Children’s Detention Campus in north Co Dublin, said the boy had “strong family supports”.
He is detained as he breached bail conditions imposed on foot of road-traffic offences.
He was in voluntary care, Doolin said, as his family was “simply at a loss as to how best to support him” when he began coming to the attention of gardaí.
“Special care was considered on a number of occasions, but an application was never made,” Doolin said. “That is despite evidence before this court that … there was a risk to [the boy’s] life.”
The teenager knew one of the five boys killed in the M9 crash in August. “It has driven home to him the dangers that are associated with this kind of behaviour,” she said.
The judge said he was “pretty sure I have said to [him] in the past that that is where he would end up if he continued” with dangerous road-traffic offences.
“I am fully aware of the intervention, or to some extent lack of interventions, on the part of the State. He has been on the radar for quite a considerable degree of time. It seems to me … this is a case that is crying out for an application to special care.”
Noting the boy would be released from Oberstown “shortly”, the judge imposed multiple sentences, including some suspended, a two-year disqualification from driving, and bail conditions including a curfew and a prohibition on access to a smartphone.