A High Court inquiry into matters relating to the escape from health board care of a troubled 15-year-old girl, who was later found dead, is to proceed on December 5th. The Garda Commissioner indicated yesterday he would not challenge the court's jurisdiction to hold such an inquiry.
Mr Justice Kelly welcomed the Commissioner's decision and said he would formulate draft terms of reference for the inquiry into the death of Kim O'Donovan.
The judge issued a warrant on July 31st last directing the gardai to search for, arrest and return the girl to Newtown House, Co Wicklow, a residential unit operated by the South Western Area Health Board from which she had escaped. However, she was found dead in a bed-and-breakfast premises on Talbot Street, Dublin, on August 24th.
Earlier this month, the judge raised a number of concerns about the case and said he proposed to hold an inquiry into two aspects - the regime at Newtown House which enabled the girl to escape and what steps were taken by the gardai to execute the court's warrant. The East Coast Area Health Board asked for time to consider whether to challenge the court's jurisdiction to hold the inquiry but later indicated it would not mount such a challenge.
Yesterday, Mr Shane Murphy SC, for the Commissioner, said his client was consenting to an inquiry into the steps taken by gardai to enforce the court's warrant. However, the Commissioner could not consent to what appeared to be an "add on" to the inquiry, an investigation into an allegation by the girl set out in a letter received by the judge on July 31st, that she was then staying in bed and breakfast accommodation paid for by "a journa list". This aspect was not related to the warrant made by the court.
Mr Justice Kelly said his concern was to establish that if anything had gone wrong in the sys tem, any such shortfall was identified so it could be avoided in future children's cases. His order did not include an inquiry into Ms O'Donovan's allegation. However, the position could be reviewed.