Teen sentenced to four years detention

The 16-year-old passenger in a stolen sports car that killed two gardai has been sentenced to four years detention which is to start in March 2004 after his current two year term ends.

His four-year detention will be served in St Patrick's Institute from March 15, 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 tragic collision with a garda patrol car on the Stillorgan dual carriageway on April 14, 2002 and a residential place became available for him in Lionsville Probation Hostel, Chapelizod just three days later.

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 vehicle 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 Delahunt said the sentence had to be consecutive because of him being 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 with each other. He was also disqualified from driving for a period of 10 years.

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

"Not only is it a tragic loss to the family and friends of the two men, but also to An Garda Siochana and to the community as a whole."

Judge Delahunt said he had been sentenced in March 2002 for similar offences, yet had acted in total this regard of this as he continued to engage in criminal behaviour.

She said in deciding an appropriate sentence for the youth 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.

Detective Inspector Martin Cummins told prosecuting counsel, Mr Fergal Foley BL, on January 22 last, that the youth had nine previous convictions.

He 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 accomplice 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 sport scar 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 after the tragic incidents surround 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.

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