Teen 'remorseful' for garda deaths, court hears

The 16-year-old passenger in a stolen sports car that killed two gardai last April wouldn't have been at liberty at the time had there been a residential place available for him.

A place became available for the Dublin south inner city youth just three days after the tragic collision with a garda patrol car on the Stillorgan dual carriageway on April 14, 2002.

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

The youth 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 mechanically propelled vehcile without the consent of the owner and knowing that the vehicle had been stolen allowing himself to be carried in it on the same date.

Judge Catherine Delahunt remanded him in continuing custody for sentence on January 31 next at Dublin Circuit Criminal Court.

Detective Inspector Martin Cummins told prosecuting counsel, Mr Fergal Foley BL, the youth had nine previous convictions and was presently serving two concurrent two-year terms of detention in Trinity House.

The youth, who came from a disfunctional background was resident with his father at the time of the incident but was technically in the care of the South Western Area Health Board.

Det Insp Cummins said the youth and an accomplce burgled the apartment while the resident slept. He only became aware of it through a telephone call from a neighbour.

Gardai also had been alerted to the burglary and spotted the culprits making off in the stolen Mazda MX5 sportscar which collided head-on with the Mondeo patrol car and instantly killed Gda Tony Tighe and Gda Michael Padden.

The defendant suffered a broken ankle and wrist injuries and was removed to hospital. His accomplice who drove the stolen Mazda was more seriously injured.

Det Insp Cummins said he was satisfied the defendant didn't drive the stolen car at any time. He admitted his role when released from hospital.

Det Insp Cummins agreed with Mr Anthony Sammon SC (with Ms Aideen Donnelly BL), defending, that the youth wouldn't 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.

Ms Seery said the Trinity House structures and programmes suited the youth who now liked attending school and would sit the Junior Cert in June.

She said he wasn't allowed outside the House up to now because he was remanded in custody and was compensated for this by being put on a work programme with the gardener. "He loves this and finds it very therapeutic", she said.

Ms Seery 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 SWA 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 told Mr Sammon that the place there only became available just three days before the tragic incidents surrounding this case. He was then remanded in custody to Trinity House.

Ms Dunne said she still maintained contact with the youth. Both his parents had now stabilised their lives and also kept in contact with their son. They were doing CES training programmes.

"I'm quite sure he accepts his part in this crime and is repentant", said Ms Dunne who added the youth never engaged in criminal activity while in residential care.

Mr Sammon submitted to Judge Delahunt that the youth was suitable to be detained in Trinity House when sentenced on these matters.

Judgte Delahunt said she required time to study all the reports handed in before dealing with sentence on January 31 next.

Mr Foley (with Mr Eamonn Leahy SC) told the court previously that the second youth had been charged with manslaughter.