TOM TUITE
A YOUTH and a 16-year-old schoolboy are to stand trial accused of the murder of German student Thomas Heinrich who died following a fatal stabbing in Dublin last December.
The 22-year-old post-graduate degree student from Munich was stabbed in his stomach and suffered a severed artery during an incident outside his apartment at St Anthony’s Road, Rialto in Dublin’s south inner city on December 1st last.
His friend Robert Rinker (22), a fellow student from Germany, also suffered life threatening injuries and was in intensive care for two days.
Within days, investigating gardai questioned two youths in connection with the incident; they were later released pending a file to the Director of Public Prosecutions, who has now decided that they should face trial.
Yesterday morning they were arrested at their south Dublin homes and taken to Kilmainham Garda station where they were both charged with the murder of Mr Heinrich contrary to common law, at 74-76, St Anthony’s Road, Rialto, on December 1st, and assault causing serious harm to Mr Rinker at the same location.
Both offences, on conviction, can carry life sentences.
The pair were brought before Judge John O’Connor at Dublin Children’s Court where their hearings were held because the younger accussed is a minor.
Dressed in a grey hooded top, matching tracksuit bottoms and blue runners, the adult, Wesley Kelly (19), of St Anthony’s Road, Rialto, was the first to be called.
Detective Sergeant Michael McNulty told Judge O’Connor that Mr Kelly had been arrested at 7.30 am and was charged at Kilmainham Station at 9.13am. “He made no reply to each charge after caution,” said Det-Sgt McNulty.
The unemployed youth, who has lived all his life on St Anthony’s Road with his family, nodded repeatedly when asked at various points in the proceedings if he understood what was happening.
A remand in custody was automatic on the murder charge as bail can only be granted for that offence in the High Court. However, defence solicitorAnn Brizzell said she had to formally apply for bail in relation to the serious assault charge.
Det-Sgt McNulty objected to bail citing the seriousness of the charge. He said Mr Rinker was stabbed eight times and had suffered “life threatening injuries” and there was CCTV evidence.
Mr Kelly was interviewed twice and Det-Sgt McNulty agreed with the defence solicitor that the young man was not considered a flight risk. She asked for bail to be fixed with strict conditions including an order for her client to stay away from potential witnesses.
Judge O’Connor refused bail on the assault charge and Mr Kelly, who was granted legal aid, was remanded in custody to appear again next Wednesday.
He shook his head when asked him if he knew what was happeningand Judge O’Connor then explained that after hearing legal arguments he had decided he was not letting him have bail.
He is to be held on remand at St Patrick’s Institution pending a possible High Court bail application.
A few minutes later, the 16-year-old was brought into the courtroom and sat down.
Dressed in grey tracksuit bottoms, runners and a blue and grey hooded jacket, he sat hunched forward on the defendants’ bench as Det-Sgt Michael O’Brien gave details of his arrest.
The schoolboy, who is due to commence his Leaving Certificate exams next week, cannot be identified because he is under 18.
He had been arrested at his home this morning and when charged at 9.05 am replied, “no comment”.
Defence solicitor John Quinn said the court did not have jurisdiction to grant bail on the murder charge but could consider doing so in relation to the assault offence.
The teenager nodded and smiled as the judge asked him if her understood.
Judge O’Connor refused to grant bail and the boy was remanded in custody to appear again next Tuesday afternoon.
Mr Quinn said the teen is anxious to sit his Leaving Certificate exams which begin next Wednesday. A High Court bail application is to be brought next Tuesday morning ahead of his next appearance at the Children’s Court.
He was hugged and kissed by his parents before he was brought out of the courtroom. The 16-year-old is to be held on remand at Trinity House detention centre.
As part of a post-graduate degree course, Mr Heinrich and his friend Mr Rinker, both students at the MHMK Makromedia School for Media and Communication in Munich, had to spend their third semester abroad and had decided to study at Griffith College in Dublin.
Mr Heinrich had been expected to return home to Germany three weeks later when his study period in Dublin was due to end.
The two Germans had been living at Herberton apartments on St Anthony’s Road, Rialto.
At around 5.30am on Saturday, on December 1 last, they went outside where they sustained injuries; Mr Heinrich was rushed by ambulance to nearby St James’s Hospital, where he underwent surgery, however, he was pronounced dead at 9am that day.
His father Wolfgang Heinrich travelled to Ireland and on December 3, 2012 he identified the body of his son to Sergeant Paul Murphy of Kilmainham Garda Station who has been appointed as family liaison officer.
Both the Heinrich and Rinker families have been informed that charges have been brought.