A 14-year-old boy who has caused thousands of euros in damage to a detention centre for troubled children and has attacked and injured staff was released on to Dublin streets by the High Court last night.
Mr Justice Kelly said he would make no order and the regrettable result was that the boy was free.
"I do not know what that will lead to in terms of his own wellbeing or more particularly members of the public who happen to get in his way. But I am very clear that I will be presented with another disaster within 24 or 48 hours. However, I am left with no option."
The judge was told the boy could not be accommodated in a secure detention centre because one of the youths involved in the deaths of two gardaí on Sunday had been admitted as an emergency detainee; the centre was full and had staffing difficulties.
The judge said he had been left in the dilemma of either continuing the boy's detention in the Ballydowd centre (where he had been for some time) or else turn him loose because no one had applied to have him detained in St Patrick's Institution (which is for older youths).
Mr Justice Kelly said he had called the attention of all the parties to that option and all must have realised it must have been a realistic proposition. He was not going to make an order that was not asked of him.
"I am not going to take it upon myself where the entity with statutory responsibility, the health board and the Minister responsible, don't do so."
The judge said the boy had been before the court on a number of occasions, as had members of his family. He came from a dysfunctional family.
Mr Justice Kelly referred to "extreme physical violence" which the boy had demonstrated in recent times. Serious charges were pending against him. He had caused thousands of euros in damage to property and two members of staff had been assaulted and were off sick.
It was unthinkable that the boy remain in Ballydowd. He was a lucky person in that he was one of the few young persons for whom a place had been found in that centre; the places there were like gold dust.
Notwithstanding the evidence on behalf of the health board, the board had applied that the boy remain in Ballydowd and was supported by the State. Trinity House was bulging.
The judge said he was "greatly concerned" that the boy was going to be turned loose on to the street but that was not his (the judge's) fault. It was not his responsibility. Those with responsibility were his parents and they were a dysfunctional family and the health board had a statutory responsibility.
Although only 14 he was clearly of a violent disposition and did not simply rely on his hands and feet but had secreted blades on his person and in his room. He was also facing other serious charges.
The judge said he wanted to make it clear that had he been asked to have the boy detained in St Patrick's Institution he would have made such an order and would have provided that facilities be made available to him of a type which would meet the boy's therapeutic needs even in the short term.