No bail for 14-year-old rape accused

A 14-year-old boy charged with raping a female in Dublin last September was further remanded in custody today.

At the Dublin Children's Court, Judge Clare Leonard expressed concerns at a decision by the HSE to cease a voluntary care order it had in place for the boy in 2009 and early 2010.

The boy was before the Dublin Children's Court where he faced several charges including an alleged rape in Rathfarnham, on September 7 last. He had been remanded in custody last week for breaching his bail conditions.

Counsel said today that the boy was asking the court to grant bail to him. Previously the teen, who had not co-operated with the Probation and Welfare Service, had not been taking matters seriously but since being held in custody his “entire demeanour and outlook has changed”.

The court also heard that the boy left school in fifth class and in recent months had been living with his mother in homeless accommodation provided by the HSE.

He had been taken into voluntary care for two periods previously and early last year had been placed in a high support children's care unit.

However, due to his behaviour he was not taken back into care and was returned to his mother. Solicitor for the HSE Ms Gina Cleary said that social services had put community supports in place to assist the boy.

Judge Leonard said that under Section Four of the Childcare Act a child is taken into care by the HSE “for as long as their welfare appears to require it”.

She also added that the decision to terminate the care order for the teenager did not seem consistent with that section of the act.

“That cannot be revoked while the welfare of the child requires it,” she said.

She asked for that decision to be reviewed and reassurances given as to how it was reached.

The judge also questioned how the teen could avail of support services in the community when he had been living in accommodation for homeless people.

The boy, whose parents were present for the case, was further remanded in custody to appear again next week in Tallaght District Court. The issue of jurisdiction, the venue for his trial, needed clarification, the judge also heard.

The teenager, is also awaiting sentencing at the Dublin Children's Court for eight charges including two counts of being intoxicated in public, possessing a knife, three breaches of the peace and two for motor thefts, in May, June and July of last year.

Judge Leonard adjourned sentencing on these matters until April.

In relation to the motor thefts, Garda Kieron O'Neill had told Judge Leonard that “he was arrested at 12.30am, released from custody but gardaí arrested him at 3am, one and a half hours later, in a second vehicle.”

Counsel defending had said his client had “almost no history of formal education” and the boy found it intimidating to try and get back into education.