The 16-year-old passenger in a stolen sports car which killed two gardaí last spring would not have been at liberty at the time had there been a residential place available for him. A place became available for the Dublin south inner city youth just three days after the collision with a Garda patrol car on the Stillorgan dual carriageway on April 14th, 2002.
The youth pleaded guilty at Dublin Circuit Criminal Court to three charges arising out of the incident which began with the burglary of an apartment at Bulloch Harbour, Dalkey. He admitted stealing a mobile phone, a set of car keys, two sets of house keys, a cheque and a wallet containing cash and bank and credit cards. He also pleaded guilty to unlawfully taking possession of a vehicle without the owner's consent and, knowing that the vehicle had been stolen, allowing himself to be carried in it.
Judge Catherine Delahunt remanded him in continuing custody for sentence on January 31st.
Det Insp Martin Cummins told Mr Fergal Foley, prosecuting, that the youth, who cannot be named for legal reasons, had nine previous convictions and was presently serving two concurrent two-year terms in Trinity House.
He came from a dysfunctional background and was living with his father at the time of the incident, but he was technically in the care of the South Western Area Health Board.
Det Insp Cummins said he and an accomplice burgled the apartment. Gardaí had been alerted and spotted the culprits making off in the stolen Mazda MX5 sports car which collided head-on with the Mondeo patrol car and instantly killed Garda Tony Tighe and Garda Michael Padden.
The defendant suffered a broken ankle and wrist injuries and was removed to hospital. His accomplice who drove the stolen Mazda was more seriously injured.
Det Insp Cummins said he was satisfied the defendant did not drive the stolen car at any time. He admitted his role when released from hospital. He agreed with Mr Anthony Sammon SC, defending, that the youth would not have been at large at the time if there had been a suitable residential place available for him.
Ms Deirdre Seery, deputy director of Trinity House, told Mr Foley she was quite optimistic about the youth's future "given the correct supports are put in place". Staff there considered him one of the most easily managed detainees.
Ms Clare Dunne, a social worker with the SWA Health Board, said she first came into contact with him in 1994. He was in residential care in Blackrock from 1996 to 2000 and following further assessment in 2002, it was recommended that he again be placed as a resident in Lionsville Probation Hostel, Chapelizod, which was not a secure detention centre.
Ms Dunne told Mr Sammon that the place there only became available just three days after the tragic incidents surround this case. He was then remanded in custody to Trinity House.
Mr Sammon submitted to Judge Delahunt that the youth was suitable to be detained in Trinity House.