Court directs that teen who abused boy receive further treatmentMonday 22 July 2013 23.03
The Central Criminal Court has directed that treatment continue for a 16-year-old boy who admitted engaging in a sexual act with another child.
The court was told that when he was aged 12, the boy began sexually abusing a nine-year-old boy whom he had invited into his home to play computer games.
A detective garda gave evidence that the victim was abused between ten and 15 times over a period of one year and nine months from January 2009 until September of 2010.
The court also heard that the boy who carried out the abuse was "three feet" taller than his victim, and was 1.93m (6'4") tall at the age of 14.
Mr Justice Paul Carney said the court has absolutely no expertise in dealing with cases like this one.
Prosecuting Counsel Pauline Whalley said the boy was in a special residential unit for children with intellectual difficulties but that the HSE will say that this will come to an end when he turns 18 in 18 months.
She also said there is a moderate risk of him re-offending and he requires support.
Defence counsel Eanna Mulloy said the boy's condition had improved in residential care and that safe, sustainable long-term treatment was needed for him.
He said that as well as his undoubted mental disability, because of his size, proportion and most unusual physical features, the boy had been sent for specialist genetic screening.
He also said there was concern that the boy did not have the psychological capacity to cope in a juvenile detention centre.
The boy's guardian ad litem told the court that there was no obligation on the HSE to care for the boy once he turned 18, and even if his case clearly merited it, it became an issue of funding and other matters.
The prosecuting counsel said that he clearly requires support after 18 and asked what the court can do if the HSE decides not to exercise its discretion to continue support.
Mr Justice Carney said the court is used to dealing with murders and rapes but has a total lack of expertise in cases like "what I've been dealing with here".
He directed that the boy’s current treatment regime continue, that the boy remain in the Residential Unit under day and night supervision and that the case come back before the court in November of next year before the boy turns 18.
He also directed that the boy have no contact at all with the victim.