Saturday 23 September 2017

Judge grants more time to complete book of evidence as man (27) charged with dangerous driving causing death of schoolboy (13)

Lee Henry (inset), and the schoolboy's funeral last year
Lee Henry (inset), and the schoolboy's funeral last year

Tom Tuite

A judge has granted the State more time to complete the book of evidence for the trial of a man accused of causing the death of a 13-year-old boy in an alleged hit-and-run in Dublin.

Dean Shelley (27) from Casement Road, Finglas, Dublin had been charged earlier with dangerous driving causing the death of pedestrian Lee Henry and failing to remain at the scene, at the R139, Old N32, Coolock on October 22 last year.

The young schoolboy suffered serious injuries when he was struck that night by a car on the R139. He was taken to Children’s University Hospital, Temple Street where he was later pronounced dead.

The Director of Public Prosecutions has directed that all matters are to be dealt with on indictment, meaning the accused will face trial in the circuit court.

Mr Shelley faced his second hearing at Dublin District Court on Friday when Judge Grainne O’Neill was told the book of evidence was not yet ready to be served on the accused.

A State solicitor explained that a number of statements from civilians still needed to be taken and given the seriousness of the charge a four-week adjournment was sought.

Judge O’Neill granted the State an extension of time and adjourned the case until October 6 next. The defendant was remanded on continuing bail.

The judge also acceded to a request from defence solicitor Miska Hanahoe that Mr Shelley could be excused from attending court on the next date if the book of evidence was still not ready.

“There are concerns in relation to him,” the solicitor added.

Dressed in a white shirt, black jeans and green shoes, Mr Shelley did not address the proceedings which were also watched from the public gallery by members of Lee Henry’s family and supporters.

At the first hearing on July 28 last, Garda Sergeant Noel Smyth had told the court that Mr Shelley had no reply when he was charged.

He was given €300 bail with conditions to sign on every Monday, Wednesday and Friday at Finglas Garda station, not to apply to replace his passport which he has surrendered, not to have contact directly or indirectly with witnesses and have a mobile phone powered up, in credit and switched on so he can be contacted 24 hours a day.

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