A District Court judge yesterday overruled Garda objections to grant bail to a 16-year old homeless boy who is facing charges in connection with a car crash that cost of lives of two teenage friends in Co Clare 12 days ago.
At Kilkee District Court yesterday, Judge Joseph Mangan granted conditional bail to the boy, and directed that he return to the emergency unit for homeless adolescents in Galway that the boy absconded from on the day of the fatal crash.
In court, the manager of Westside House, Ms Mary Gibbons, undertook to comply with a bail condition that the boy - who cannot be named for legal reasons - not leave the home unless accompanied by care staff, and that gardaí are to be immediately notified if he does leave the unit unaccompanied.
The boy, who turned 16 seven days ago, is charged with dangerous driving, driving without insurance and without a driving licence at Moyarta, Carrigaholt on October 17th.
The boy was the driver in the crash which claimed the lives of friends and neighbours Stacy Haugh (16) and Lorna O'Mahony (13), and also injured Stacy's younger brother, Karl (11), who remains in care at Our Lady's Children's Hospital in Dublin.
At Ennis District Court last Friday, bail was refused and he was remanded in custody to yesterday's sitting where a bail application was renewed.
Solicitor for the boy, Ms Valerie Corcoran, told Judge Mangan that there are no other charges before the court and that the charges brought against the boy are summary matters.
Ms Corcoran told the court that on the day of the crash, the boy was going to see his mother in Kilkee. Ms Corcoran said that the boy was referred to the Western Health Board as he is considered an abandoned child under the Child Care Act.
Throughout the hearing yesterday, the boy was visibly upset. Ms Corcoran told Judge Mangan that her client was "distressed".
Objecting to bail, Insp Tom Kennedy said that Westside House "is not a secure unit and there is no control to prevent the boy from leaving the home and doing as he likes. The circumstances haven't changed since last Friday."
He said: "Because the degree of control is zero, our concern is that the boy would abscond and that he may involve himself in similar actions."
In evidence, Ms Mary Gibbons said since the boy was referred to their service on June 25th last "he has never been a difficult child".
"He has never been abusive to staff and he showed improvement once there was a structure put on his day. He has a special interest in mechanics and was on a FÁS programme that included mechanics, cookery and carpentry."
She said there was nothing care staff could do to prevent him leaving the home as he was in voluntary care.
After hearing the evidence, Judge Mangan said that he was disposed to granting bail and sought conditions from Insp Kennedy.
The boy was remanded on bail on his own bond of €50 to reappear before Ennis District Court on November 7th.
