Teens accused of involvement in machine gun robbery released over lack of space
Lack of space at the State's main youth detention centre resulted in two Dublin teenagers accused of being armed with a machine gun during a burglary being freed at the weekend, it has emerged.
One of the boys – released on Saturday night – failed to attend his next court hearing on Monday, and a warrant has been issued for his arrest.
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The 17-year-old boys and two men had been refused bail on Saturday after a judge heard a 60-year-old man was "savagely" beaten in front of his terrified family when machine gun-armed intruders forced entry into their home in Shankill, Co Dublin, on June 11th.
All four were charged with aggravated burglary and unlawful possession of a Czechoslovakian-made 9mm Skorpian machine pistol.
Following their District Court appearance on Saturday, it transpired that the Oberstown Detention Campus in Dublin had no room to take the two youths despite the judge's decision.
Habeas corpus
Gardaí held them until their lawyers launched habeas corpus, a legal mechanism to challenge unlawful detention, in the High Court on Saturday night. That led to a temporary "workaround" order releasing the pair on bail and subject to "house arrest" until their appearance on Monday at the Children's Court.
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The boys, from north Dublin, cannot be named because they are minors.
On Monday, Judge Brendan Toale ordered gardaí to arrest the one who did not turn up.
Noting there were still no remand beds available in the detention centre, he had to grant the co-accused teenager bail pending directions from the Director of Public Prosecutions·
Judge Brendan Toale highlighted how the lack of room in the detention facility had become a constant problem for the courts.
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"This whole situation arises where the lack of place in Oberstown is an ongoing difficulty; it has been going on certainly for the last six months at a high level when, more often than not, there are no beds available, and where there was a refusal of bail," he stated before he was forced to send the boy home.
The teenager, who has yet to enter a plea, was accompanied to court by relatives and ordered to obey a 10pm – 6am curfew at his home, stay contactable by phone, remain out of the Shankill area, not contact witnesses, surrender his passport within 48 hours and not apply for alternative travel documents.
He will appear again in four weeks.
Adult co-defendants Sean Doran, 26, of Earl Street South and widower Gregory Dunne, 60, from Oliver Bond Flats, both in Dublin 8, were remanded in prison custody on Saturday and are back in court later this week.
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Dublin District Court heard on Saturday that the Garda ballistics section stated the gun was "capable of full automatic firing", and the burglary and gun charges can carry possible life sentences.
Mr Doran has an additional charge of assault causing harm to the 60-year-old homeowner, who suffered lacerations from blows to his face and head.
Bail objections
In bail objections, evidence stated that he, his wife, aged 63, and their 35-year-old son were in "grave fear" they would not remain in the house and had since moved to a hotel.
At the bail hearings, Garda witnesses stated the four acted in joint enterprise. It was alleged that the two masked teens in puffer jackets travelled to the house on an e-bike while Mr Doran came in a 2007-reg Honda Accord car driven by Mr Dunne.
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The teenager who showed up to court on Monday was said to have had a black face cover and approached the house. It was claimed that he removed the gun from the front of his trousers and "pointed" it at the family through the window.
The proceedings were informed that the boys allegedly "forced" their way in the front door while Mr Doran came through a rear entrance before the homeowner was "savagely" beaten.
Detective Garda Michael Murphy claimed Mr Doran delivered punches and kicks to the man's head and face, and there were bloodstains on the accused's footwear.
Detective Garda Darragh Phelan said the second teenager used boxer shorts as a balaclava and left with the gun on an e-bike.
A civilian witness was said to have observed him discarding it before he allegedly drove onto the M50, where he crashed between Junction 12 and 13 and was arrested.
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That teenager failed to turn up for his hearing on Monday.
The bail hearings were also informed that gardaí responded to a call from the couple's son, who was in a state of distress, saying, "A number of males were attacking his parents' home, and one had a gun; the male pointed the gun and directed it them".
Gardaí testified that a commotion could be heard over the phone line.
The car was stopped close nearby and armed support officers arrived and arrested three of the defendants.
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