The Court of Criminal Appeal today granted an application by the DPP to direct the governor of St Patrick's Institution to detain a 17-year-old youth who was a passenger in a stolen sports car that killed two gardaí in south Dublin last year.
The application was brought because a rehabilitation programme for Gerard Eglinton, of Fatima Mansions, Dublin, devised at Trinity House detention centre, had failed to work out, the CCA was told.
When placed on an apprenticeship programme and granted home visits, Eglinton had on occasion returned to Trinity House under the influence of illegal substances, it was said. He was also facing a charge of causing criminal damage at the centre, arising from an alleged incident where a microwave oven was damaged.
Eglinton was 15 when he was a passenger in the stolen car which collided with a patrol car on the Stillorgan dual carriageway on April 14th, 2002. Two gardaí, Garda Tony Tighe and Garda Michael Padden, were killed.
Eglinton later pleaded guilty to a number of offences, including burglary, the unlawful taking of a motor car and allowing himself to be carried as a passenger in a car on April 14th, 2002.
In February 2003, Dublin Circuit Criminal Court directed that Eglinton be detained in St Patrick's Institution for four years, to come into effect after he had completed a two-year sentence in Trinity House related to other offences.
On July 31st last, the CCA, presided over by Mr Justice Fennelly, upheld the four-year sentence but found there was a technical defect in that sentence because the Circuit Court judge projected into the future where the youth should be detained.
After hearing evidence on behalf of Trinity House on July 31st, including evidence from its deputy director, Ms Deirdre Seery, who said Eglinton was "very remorseful" for his role in the tragedy involving the two gardaí, the CCA decided Eglinton should be detained in Trinity House and the authorities there should determine what programmes he should follow. These could include pre-release provision and mobility trips outside the unit, the court agreed. It directed the four-year sentence should apply from January last.
Mr Justice Fennelly remarked that Eglinton was from a very dysfunctional background and had had, "to put it mildly", a "very troubled life".
He described the case as very tragic, involving two gardaí being cut down in their prime. He noted that, prior to the events of April 14th, 2002, Eglinton had been sentenced to two years' detention in Trinity House on other offences but no place was available for him there.
At the CCA yesterday, which was presided over by Mr Justice Hardiman, sitting with Mr Justice Quirke and Mr Justice O'Neill, Mr Feargal Foley, for the DPP, asked the court to return the boy to St Patrick's on the basis that the programme devised for him had not worked.
Mr Michael Donnellan, director of Trinity House, said Eglinton had behaved well while in detention at Trinity House. However, when he began a step-down programme involving his serving an apprenticeship in the community and having some home visits, he had returned on occasion under the influence of illegal substances. He had also been charged with criminal damage arising from an alleged incident on October 15th.
Mr Donnellan also said the average age of boys at Trinity House was 14 years and seven months whereas Eglinton had been aged 16 years and seven months when returned to Trinity House.
Mr Anthony Sammon, for Eglinton, argued the CCA had no jurisdiction to hear the DPP's application and, if it had, then the CCA as constituted on July 31st should hear it.
He submitted that if the court deemed Trinity House was no longer suitable for Eglinton, it must release him.
Giving the court's decision, Mr Justice Hardiman said the CCA had jurisdiction to hear the application and could also hear it irrespective of its composition. However, if it had been immediately possible to constitute the court as it had sat on July 31st, that would have been done, he added.
He said the liberty to apply granted by the CCA on July 31st must include liberty to apply regarding place of detention.
He rejected Mr Sammon's argument that the court must release Eglinton if it found Trinity House no longer suitable for his detention and remarked that Mr Sammon had made no submission as to whether release would be in Eglinton's interest.
The evidence was Eglinton was no longer suitable for Trinity House and there was no evidence of any other institution where he could be held other than St Patrick's.