Youth given four years over crash in which gardai died

The16-year-old passenger in a stolen sports car which killed two gardaí has been sentenced to four years' detention, to start…

The16-year-old passenger in a stolen sports car which killed two gardaí has been sentenced to four years' detention, to start in March 2004 after his current two-year term has ended.

His four-year detention will be served in St Patrick's Institute from March 15th, 2004, when his current detention at Trinity House will be completed.

Judge Katherine Delahunt, at Dublin Circuit Criminal Court, said the south inner-city youth "acted in total disregard, despite having a sentence already hanging over him".

He was on bail for a similar type of offence at the time of the collision with a Garda patrol car on the Stillorgan dual carriageway on April 14th, 2002; a residential place became available for him in the Lionsville probation hostel, Chapelizod, just three days later.

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He pleaded guilty to three charges arising out of the incident, which began with the burglary of an apartment at Bulloch Harbour, Dalkey. He cannot be named for legal reasons.

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 from the apartment.

He also pleaded guilty to unlawfully taking possession of a vehicle without the consent of the owner and allowing himself to be carried in it. Judge Delahunt said the sentence had to be consecutive because the youth was on bail at the time the latter offences were committed.

She imposed four years for the unlawful taking of the vehicle, four years for allowing himself to be a passenger in a stolen car and two years for the burglary. These sentences are to run concurrently. He was also disqualified from driving for 10 years.

Judge Delahunt said the youth to face the consequences of his actions, which resulted in the deaths of two gardaí who at the time were trying to protect members of the public.

She said in deciding an appropriate sentence, she was taking into consideration evidence given in court by his social security worker of some 15 years, his dysfunctional family background and his early pleas of guilty.

Garda Insp Martin Cummins said the youth and an accomplice burgled the apartment while the resident slept. He only became aware of it after a telephone call from a neighbour.

Gardaí also had been alerted to the burglary 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 youth suffered a broken ankle and wrist injuries and was removed to hospital. His accomplice, who was driving the stolen Mazda, was more seriously injured.

Garda 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

She added: "Though he may sometimes put on a hard exterior, he is quite soft-hearted and compassionate. He finds it difficult to express remorse, but I'm in no doubt at all he is remorseful for what happened."

Ms Clare Dunne, a social worker with the South Western Area Health Board, said she first came into contact with the youth in 1994.

He was in residential care in the Los Angeles home 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 said the place only became available three days after the tragic incidents surround this case. He was then remanded in custody to Trinity House.

She still maintained contact with him. "I'm quite sure he accepts his part in this crime and is repentant," said Ms Dunne, who added that he never engaged in criminal activity while in residential care.

The court heard that the second youth, who had been driving the stolen car, had been charged with manslaughter.