This article is from page 2 of the 2006-03-21 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 2 JPG
A 17-YEAR-OLD youth who has been waiting several months to have a case against him heard in the District Court has opted to stay in jail for three weeks, rather than agree to strict bail terms.
The terms offered to the boy have led his solicitor to claim that Judge Joseph Mangan has attempted to limit “an individual’s behaviour under the guise the the Bail Act”.
The boy’s bail became an issue again last Wednesday after delays in other cases at Lisdoonvarna District Court meant the boy’s case was put back for another month. One prosecution took four hours.
The defendant’s solicitor and prosecuting Inspector Tom Kennedy agreed that the contested matter would take at least two and a half hours more.
They concurred that it would be too late in the day to begin the case last Wednesday.
When the youth reaappeared in court in Ennis earlier this month to have his case heard, the matter was further adjourned after other cases overran on the day.
The teenager, who cannot be named for legal reasons, was remanded in custody at Kilrush District Court on February 13 after he appeared on charges of breaching bail conditions, which included a 10pm curfew.
He faces five charges in all including assault and breaches of the Public Order Act.
At that hearing in Kilrush, the youth’s solicitor expressed concern that the court was engaging in a policy of “regulating an individual’s behaviour under the guise of the Bail Act” by imposing strict curfews on defendants. Mr Pat Enright, of Lees Solicitors Listowel, told Judge Joseph Mangan “I fail to see the point of making such orders”.
Mr Enright said he had no doubt that the court was entitled to impose such conditions, but asked that it reflect on the effects of such conditions.
Last Wednesday, Mr Enright applied to the court to have his client released on bail and to have previous bail conditions relaxed.
Inspector Tom Kennedy said if the State was to consent to bail, it would be under the same terms as previously imposed.
After consulting with his client, Mr Enright informed the court that the teenager would not accept those terms and would prefer to remain in custody.
Judge Mangan remanded the accused in custody to appear again in court next month.