Judge gives DPP another week for directions or case against Cork teenager may be struck out

Judge Mary Dorgan adjourned the case peremptorily against the State for DPP directions to be given on April 28. File picture: Larry Cummins

A judge expressed concerns on Tuesday about the absence of DPP directions in the case against a teenager who has been in custody since February 4 charged with going to the deli counter of a supermarket on his e-scooter and threatening to burn out the manager’s car.

Judge Mary Dorgan adjourned the case peremptorily against the State for DPP directions to be given on April 28. If they are not, the case could be struck out.

Judge Dorgan added: “And it should not be struck out, particularly given what was outlined in the bail application at great length.” However, the judge expressed concerns about a teenager with health issues being remanded in custody for so long without directions from the Director of Public Prosecutions.

Diane Hallahan, defence solicitor, said the situation was very unsatisfactory and that the 18-year-old had particular health issues. John Heaphy of 65 An Caisleán Drive, Ballincollig, County Cork, was remanded in custody until Monday.

Detective Garda Bryan English testified at the initial State objection to bail that the teenager was barred from numerous shops in Ballincollig but repeatedly ignored this and returned to the stores. 

The detective said that when interviewed, the teenager was asked about returning to Quish’s Supervalu in Ballincollig despite being barred, he told gardaí: “I don’t listen to no one but myself.” 

“It is alleged that he was highly abusive to staff. And in relation to the manager he said he would burn out his car and named the make, model and year of the car driven by the manager,” Det. Garda English said.

In the particular case before the court, it is alleged that he came into the supermarket on his e-scooter and went to the deli counter despite being barred from the shop. 

It is alleged that when the manager required him to leave he made the threat about the manager’s car, allegedly saying: “I will burn it out.” 

John Heaphy is charged with engaging in threatening, abusive or insulting words or behaviour at the Supervalu store on January 26, as well as threatening to cause criminal damage to the car belonging to the manager of the supermarket on the same day.