B&B death of girl aged 15 may lead to criminal charges

It is understood that criminal charges are to be preferred following an investigation into a girl's death

It is understood that criminal charges are to be preferred following an investigation into a girl's death. The 15-year-old died in a Dublin city centre bed-and-breakfast almost a month after she escaped from health board care, the High Court was told yesterday.

Kim O'Donovan was found dead in the premises at Talbot Street, Dublin, on August 24th.

The possibility of charges and other developments may delay a High Court inquiry, scheduled for next week, into matters relating to her escape. An adjournment is expected of the inquest, set for January 29th, into Ms O'Donovan's death.

She had escaped from Newtown House, a residential unit operated by the South Western Area Health Board, last July. A warrant directing gardai to search for, arrest and return her to the unit was issued by Mr Justice Kelly on July 31st.

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The girl was found dead in a bed-and-breakfast premises on August 24th.

Last month Mr Justice Kelly directed that a High Court inquiry be held into two aspects of the matter - the regime at Newtown House in operation when the girl had escaped and what steps were taken by the Garda to execute the court order to search for and arrest her.

He fixed December 5th as the date of the inquiry.

Mr Felix McEnroy SC, for the SWAHB, the East Coast Area Health Board and another board involved with the girl's care, told Mr Justice Kelly yesterday the boards would not be in a position, as they had been directed, to file affidavits today for next week's inquiry.

This was due to several factors. There was to have been an inquest into the girl's death on January 29th, but he understood this would now be adjourned because of criminal charges.

He also understood that the Social Services Inspectorate was about to introduce a report on Newtown House and there might be information in that report which would assist the High Court inquiry.

There were additional problems in getting materials together for the inquiry, counsel added. He represented three health boards and it had taken a lot of time to get relevant information.

Counsel in the case had received papers only 10 days ago and some could not be read.

The boards had also received representations from trade unions in relation to members of staff with whom the boards were dealing.

Correspondence had been received from the solicitor for Ms O'Donovan's parents. This included an allegation of failure by the board to co-operate.

Mr Justice Kelly said the inquiry would not be a roving one. He would not let it "go off the rails".

He was conscious that Mr McEnroy was before him on an ex parte basis (with no other side represented), although counsel for the Garda happened to be in court on a separate matter.

The judge said he would hear all sides on Thursday.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times