Gardai question boy (9) over fatal stabbing in Wicklow

Gardai yesterday interviewed a nine-year-old boy in connection with the fatal stabbing of 12-year-old Jonathan Kelly at Ocean View estate in Wicklow town.

The young boy, who has not been named, was not expected to be detained last night. The gardai have indicated that, instead, a file is likely to be sent to the Director of Public Prosecutions.

Gardai described the death of Jonathan, at about 6 p.m. on Thursday, as "very, very tragic". It is understood that Jonathan and a number of friends had been playing in the front garden of a friend's house with a puppy and a large cage-like trolley. The trolley was similar in style to those used for deliveries to supermarkets.

Jonathan became involved in a dispute about the puppy and the cage, and an altercation ensued during which a bread knife was removed from the kitchen and Jonathan was stabbed once in the back.

He was rushed to Crumlin Children's Hospital, Dublin, where he was pronounced dead seven hours later.

Jonathan's parents, Breda and Eddie Kelly, were being comforted by relatives and friends last evening. Gardai were interviewing the nine-year-old, who had a parent present.

The nine-year-old is understood to live in the same estate as Jonathan, a 250-house local authority estate on a hillside outside Wicklow town. The estate, formerly known as Seacrest, is 16 to 20 years old and in recent years has been at the centre of a number of petty crime investigations by local gardai.

About two years ago there was a fire in the nine-year-old boy's house, but the family continued living there.

Jonathan Kelly lost an uncle in a stabbing incident a few years ago.

An atmosphere marked by silence and a palpable sense of shock prevailed in the estate yesterday as neighbours spoke, without wanting to be identified, of having known both boys.

One woman said the estate had had its "share of troubles with stolen cars and the guards calling at night", but none of this pertained to the young boys.

"It is a sad, sad death, for this boy's family, and for everyone involved, for the whole estate," a neighbour said.

Mr Jimmy O'Brien, another neighbour, said he knew the family well and added that the sympathy of the whole town was with both families. "We expect our children to bury us, not the other way around".

Insp Peter Finn of Wicklow Garda station said yesterday the killing was "a delicate matter which would have to be handled delicately".

He explained that in inquiries of this nature the children would always be interviewed with either parents or guardians present but added that whether charges would follow was a matter for the Director of Public Prosecutions, who would receive the Garda report on the killing.

Under current legislation a child below the age of seven is not expected to have responsibility for their actions and so cannot face criminal charges.

Between the ages of seven and 15 it must be proved that the child does have responsibility, that is, that the child knew the difference between right and wrong, before he or she can face a criminal prosecution.

After the age of 14 it is accepted that a child would know the difference between right and wrong, unless proved otherwise. Government proposals to change the age of criminal responsibility to 12 are, however, currently before the Dail.