A JUDGE who also criticised the HSE in its handling of the case has expressed concerns for the "health, safety and life" of a 14-year-old boy who intended to smuggle drugs into the Midlands Prison, Portlaoise, for a criminal gang.
While in the care of his grandparent the boy ran away and was caught at the Midlands Prison on April 29th with a quantity of drugs in his possession.
At Portlaoise District Court Judge William Hamill raised serious concerns about communications within the HSE because a senior official whose presence he had specifically requested when he last heard the case was not in court. Despite efforts on behalf of the Garda and social workers during the morning, there was no explanation as to why the official had not turned up. The social worker present said she had passed on the judge's request to her principal but was unable to offer any further assistance.
Judge Hamill said that he still wants an answer as to whether the request to attend court was not passed on or was ignored.
The court also heard that the HSE solicitor in Limerick had only been told of the case that morning and had not reached the court by the time the sitting concluded.
A statement from the HSE following the case said that "the named official has no operational responsibility in this matter. We are not going to comment on the case of a child before the court."
The boy was returned to the care of the residential facility on his own bail of €100 and with several strict conditions attached.
The judge said he was "amazed and dismayed" that the only reason the teenager had been sent to his guardian was because the residential school where he was cared for was shut for Easter, and so he returned to an area where he had to deal with criminals.
Speaking at the juvenile hearing in Portlaoise District Court, he said that the well-known Limerick gang with which the boy was involved were very serious criminals, and he could not understand how he had been returned to the area unsupervised.
Judge Hamill said he had some difficulty with the probation report which stated that the boy "without the right support is likely to continue his criminal behaviour" but also recommended that he be returned . . . to people who were unable to cope with him. "If people are not able to cope with him, and his health, safety and life are at risk, his wishes should not be taken into consideration."
He was referring to comments by the manager of the institution who told the court on a previous date the wishes of the child have to be paramount and that his wish had been to return to his grandparent while the facility was closed.
He said he had no doubt of the HSE's ability to produce reports but that their ability to deal with practicalities such as working outside office hours or "red flagging" issues of concern fell "woefully short".