Judge refuses to hear juvenile stabbing case in District Court

A 16-year-old boy has been charged with stabbing a motorist who remonstrated over a bottle thrown at his car. The motorist was stabbed just below his ribcage.

Judge refuses to hear juvenile stabbing case in District Court

Judge Con O’Leary refused to deal with the case and said it was too serious a case for the juvenile court at Cork District Court.

As a result of the judge’s jurisdiction refusal, a book of evidence will be prepared in advance of the case being sent forward for trial by a judge and jury at Cork Circuit Criminal Court.

Detective Garda Edmond O’Donoghue arrested the juvenile, who was brought before the court yesterday in the company of his mother. The youth cannot be named as he is under 18.

He faces one assault charge in that he is alleged to have recklessly or intentionally caused harm to the 25-year-old motorist.

The teenager is also charged with causing criminal damage to the car.

He did not reply when the charges were put to him.

Judge Con O’Leary asked for an outline of the alleged facts in the case so that he could decide on the issue of where the case should be heard.

Det Garda O’Donoghue said it was alleged that, on the night of April 1, at about 10.30pm, the injured party was driving his car on Shandon St, Cork.

“A bottle was thrown at his car. He exited his vehicle and confronted two youths,” Det Garda O’Donoghue said.

“A struggle ensued and the motorist was stabbed just below the ribcage.

“He also sustained two fractures to his jaw in the ensuing fight.”

At that stage in the outline of allegations Judge O’Leary did not require any further evidence.

However, he asked Insp Gary McPolin why it was a charge of assault causing harm rather than one of assault causing serious harm. The inspector said he could not respond to that question as the medical report on the man’s injuries was still outstanding.

There was no objection to bail being granted to the accused on condition that he would keep a curfew from 9pm to 7am, abstain from intoxicants, stay away from his co-accused — who has yet to appear in court — and sign daily at his local garda station.

Diarmuid Kelleher, solicitor, was appointed to represent the accused on free legal aid.

Judge O’Leary adjourned the case until October 3 at Cork District Court to allow time for preparation and service of a book of evidence.

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