Bail granted for juvenile accused of Halloween offence in County Kildare

A substitute judge who presided over a Naas District Court case involving a juvenile said that he would 'reluctantly' grant bail for the teenage defendant.

Judge Philip O'Leary made the decision in the case of the teenager, which was heard during an in-camera (in private) court session on Thursday, November 2 last.

The court was told by gardaí that the teenager had been involved in an incident in Naas on Halloween night last, which involved a number of juveniles.

The defendant, who was accompanied to the court by their mother and grandmother, denies ever taking part in the incident.

Gardaí objected to bail being continued for the teenager, who was granted High Court Bail (HCB) a few days before the alleged incident occurred.

They told Judge O'Leary that an assault broke out between two groups of teenagers: two of the teens were cut with a knife, while another sustained knife injuries to their head and arm, and one more teen sustained knife injuries to their hand and wrist.

Gardaí said that two of the injured teens positively identified the defendant as being involved in the fight.

They also said that they were of the belief that the defendant would re-offend if the teen was granted bail.

In addition, gardaí also voiced concerns that relatives of the defendant may interfere with the alleged injured parties, but also pointed out that the teen has no history of bench warrants or any previous convictions.

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Defending solicitor David Powderly said that his client would have 'no control' if the defendant’s relatives attempted to intimidate the alleged injured parties, but in response, a garda said that they live in close proximity to the alleged injured parties.

Mr Powderly also said that his client is entitled to the presumption of innocence, and when he asked the garda if any other teenagers had been identified, the garda replied that their identities were still under investigation.

The garda in question agreed when Mr Powderly put it to him that his client had made no admissions whatsoever of wrongdoing.

Mr Powderly also said that gardaí had conducted a check-up visit to the teenager’s home at 11.10pm that night, but the garda alleged that the incident took place around 11.30pm.

"It’s inevitable that this will go forward to a higher court… my client could be in custody for some time while it goes on," Mr Powderly said.

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Judge O'Leary adjourned the matter over lunch, in order to decide on his verdict in the case.

When the case resumed after lunchtime, the judge said that he would 'reluctantly' resume HCB for the accused.

The defendant’s HCB conditions are as follows: they must reside at a listed address; they must sign on daily at their local garda station; they must observe a curfew from 9pm to 7am; they must stay out of the location of the alleged incident; they continue attending school; and they must have no direct or indirect contact with the alleged injured parties or State witnesses.

The case involving the juvenile will resume on a date in December.

Directions from the Director of Public Prosecutions are expected on this date.