Acid attack victim to challenge decision which means attackers will not face criminal charges

A teenager who suffered life-changing injuries in an acid attack in Waterford has been granted permission by the High Court to mount a legal challenge to a decision which meant his attackers did not face criminal charges.

The two teenagers who attacked Tega Agberhiere (aged 17) and his friends were admitted because they were aged under 18 years, to the Juvenile Diversion Programme where they received a caution. The decision was also upheld on review. The two teenagers cannot be named by order of the court.

In the High Court today Tega, through his mother Christie Agberhiere, was granted permission to bring judicial review proceedings seeking an order to quash the decision made on December 10, 2019, to admit the two teenage perpetrators into the juvenile diversion programme over the acid attack on April 25, 2019.

Mr Justice Charles Meenan also granted one of the boys who was also injured in the acid attack, Padraig Sullivan, who is now aged 18 leave to mount a similar legal challenge.

The judge who ordered the perpetrators of “these outrageous attacks” cannot be identified said he was satisfied in both cases to grant leave for judicial review. Mr Justice Meenan said Mr Sullivan did not suffer as severe an injury at Tega Agberhiere but this was “no thanks to the actions” of the two teenage perpetrators, who are notice parties to the proceedings.

Tega Agberhiere (aged 17), a youth player for Waterford FC, suffered severe injuries to his face and body and his eyesight was damaged when an unspecified acidic substance was thrown on him. Pádraig Sullivan and another youth were also injured.

All three victims suffered severe skin burns in the incident.

Tega Agberhiere brought the High Court application through his mother. In separate proceedings, he and Padraig Sullivan are also seeking a declaration that the admission of the two perpetrators to the juvenile diversion programme was unlawful and not in accordance with a section of the Children Act.

They have also claimed the offence was allegedly premeditated and fell within the definition of assault.

In a grounding affidavit to the court, Christie Agberhiere said her son received life-changing injuries in the attack. She said she was informed on December 10, 2019, the two perpetrators had been dealt with by way of admission to the juvenile diversion programme.

She said:

I was shocked and extremely upset that the case was being dealt with in this way given the life-changing injuries suffered by my son.

She added that neither she nor her son had been informed that consideration was given to the juvenile scheme and she said they were not asked for their view on the matter.

She said her family sought to have the decision reviewed but her husband Peter met with gardaí on January 28 this year and he was informed no change would be made to the decision.

Tega Agberhiere in April last year.

Mr O’Sullivan in his affidavit said he had to receive skin grafts after the acid attack and he isolated himself for a number of months after the incident.

He said he was also informed on December 10 last year of the decision to admit the perpetrators to the juvenile scheme.

"I was shocked and extremely upset that the case was being dealt with in his way given the injuries I received," he said.

The case comes back before the High Court on May 19 next.