KILDARE: Juvenile sent forward for trial over alleged Mercedes-Benz criminal damage offence
UPDATE
A teenage boy involved in an alleged criminal damage incident had his case sent forward for trial.
Earlier this year, Naas District Court was told that the teenage boy and his brother, the latter of whom was not present in court on the date in question, had allegedly smashed up the Mercedes-Benz car using an iron bar and a weed-cutting tool while the car was at a filling station in Newbridge on a date in May of 2021.
Gardaí told Judge Desmond Zaidan that the cost of damage to the car was an estimated €12,500, and that the incident alleged emerged as the result of a family feud.
The younger brother appeared in court with his mother on the latest date for the execution of a bench warrant against him, while the older brother did not turn up.
On the latest court date (Thursday, May 18 last) both brothers were present in court, and a Section 75 application was heard in relation to the younger brother.
According to the Children Act, 2001, Section 75 (1) reads as follows: "Subject to subsection (3), the Court may deal summarily with a child charged with any indictable offence, other than an offence which is required to be tried by the Central Criminal Court or manslaughter, unless the Court is of opinion that the offence does not constitute a minor offence fit to be tried summarily or, where the child wishes to plead guilty, to be dealt with summarily."
In addition, their mother was also present with them in court, and it was heard that the older brother, who is now an adult, allegedly made threats to kill someone on the date of the alleged offence.
Defending barrister argued that while the alleged damages were high, she insisted that the case 'was more than sufficient for the court to deal with summarily.'
She also said that the younger brother had a diagnosis of Post-Traumatic Stress Disorder (also known as PTSD), and is currently seeking assistance in school for suspected Attention Deficit Hyperactivity Disorder (also known as ADHD).
Ms Murphy told Judge Zaidan that, because of these two conditions, he may not have been truly aware of the consequences of his actions.
After consideration, the judge said that he was satisified that the allegations were not minor ones, and refused to overturn the directions from the Director of Public Prosecutions (DPP).
"I believe that the DPP reached the right conclusion," he told Ms Murphy.
After a book of evidence related to the two brothers was presented by gardaí, Judge Zaidan sent the case forward to the next sittings of Naas Circuit Criminal Court, which will commence on June 20.