Solicitor fears juvenile may be compromised in Kildare court case

A solicitor passionately insisted to a Judge that his juvenile client is facing 'an enormous amount of prejudice' due to delays in his case.

Tim Kennelly made the comments when speaking to Judge Desmond Zaidan at Naas District Court on Thursday, June 22.

On a previous court date, it was heard that the juvenile went on 'a crime spree' in County Kildare earlier this year, and has now pleaded guilty to all of the offences.

Directions from the Director of Public Prosecutions (DPP) were due on the latest date, but were not ready, as the DPP was still waiting to review CCTV footage related to the alleged incident.

A garda present in court told Judge Zaidan that the file is with the DPP and is under review.

However, Mr Kennelly was unhappy with the delay, and told Judge Zaidan: "This is absurd, and this is not a slight on the gardaí, it’s a slight on the DPP."

Mr Kennelly explained that his client, who is 17-years-old, is due to turn 18 in August, and he is concerned that this could jeopardise his anonymity.

Solicitor Tim Kennelly. File photograph.

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"This has created an enormous amount of prejudice for my client; There are certain privileges afforded to him because he’s a juvenile, if the case resumes after he turns 18, he may be tried as an adult."

Her continued: "Especially with the internet nowadays, this could have an effect on my client… I get other clients coming up to me who have been convicted, or even are just facing allegations, and they tell me, 'Tim, everytime I go to find a job, I don’t get it, because my potential employer has read about (their court appearances) on the web'… it can have a catastrophic effect when they’re looking for a job."

"If ever there was a case that should be struck out, Judge, it’s this one," Mr Kennelly concluded.

However, Judge Zaidan said that the fact that 'the clock is ticking' could work in his client’s favour.

He pointed to one case where a juvenile, who was accused of ‘a serious charge’, had been brought to the court at first when he was 17, but the case didn’t resume until he was 18, and for that reason, the trial was prohibited.

Judge Zaidan added: "It would be interesting to see, if, say, a juvenile who is 17 years old and is due to turn 18 in two months… if they commit a similarly serious offence, and the court case runs into their 18th birthday, would the High Court prohibit that trial?

"I don’t make the rules, guys. The DPP knows the risks."

He adjourned the case to July 20 to allow for DPP directions, and also ordered a probation report in relation to the juvenile.