Thursday 23 November 2017

Teen accused of city slash attack arrested climbing out window, after refusing to get out bed for court

Corner of Dame Lane and Trinity Street. Inset Prof Stephen Cusack
Corner of Dame Lane and Trinity Street. Inset Prof Stephen Cusack

Tom Tuite

A 16-YEAR-OLD boy charged with attacking a young man who suffered serious facial injuries during an incident in Dublin city-centre has been further remanded in custody.

Today Judge John O'Connor adjourned the case for another two weeks pending directions from the DPP.

The teen had been  arrested and remanded in custody last Thursday morning on foot of a bench warrant issued by the Dublin Children's Court on May 23 when he would not get out of be would not get out of bed to attend his case.

The teen had tried to escape that morning by climbing out an upstairs back window at his home when he realised gardai had come for him, the Dublin Children's Court was told.

Defence solicitor Michelle Finan had told Judge O'Connor the teenager “was not able to manage on bail”.

Judge O'Connor said that after the boy's first appearance he breached bail terms which were were later made more restrictive and he did not comply.

The boy, who cannot be named because he is minor, is charged with assault causing harm to Andrew Cusack (21), who was taken to St James's Hospital to be treated for lacerations to his face following the alleged incident in the early hours of May 2 at Dame Lane.

Andrew is the son of Professor Stephen Cusack, a well-respected expert on emergency medicine at UCC.

He was initially granted bail on Friday May 6 with strict conditions including a ban on going to Dublin city-centre but he was arrested there again, within hours of getting released, and was allegedly possessing a knife.

He was remanded in custody for a week and on May 16 he was re-admitted to bail with stricter conditions. The teenager was barred from the Dublin 1, 2, 7 and 8 areas; he had to sign on daily at his local garda station, obey a 9pm to 8am curfew and abstain from alcohol. His mother told the court she would supervise him.

The case was due to resume on May 23 but Judge John O'Connor was then told the boy  had a row with his mother and refused to get out of bed to come to court. A bench warrant was then issued and executed three days later.

He had warned him that if he broke bail again he could go back into custody until his trial has been heard.

At the boy's first hearing on May 6, the court heard the assault case is to involve “an awful lot of CCTV as well”. Mr Cusack is the son of Professor Stephen Cusack, an expert on emergency medicine at UCC.

Judge O'Connor has already made an order for disclosure of prosecution evidence to the defence which is to include medical reports. Garda Keith Connors has said he would be comply and that “there is an awful lot of CCTV as well”.

The boy has not yet entered a plea to the charge. Directions from the DPP are required and a decision has yet to be made as to whether the case will remain the Children's Court or instead be sent forward to the Circuit Court, which has tougher sentencing powers.

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