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State gets deadline for book of evidence in Rialto murder trial

Thomas Heinrich died following an attack in Dublin last December
Thomas Heinrich died following an attack in Dublin last December

A judge has given the State two weeks to complete a book of evidence in the case of two youths awaiting trial for the murder of German student Thomas Heinrich in Dublin last year.

Mr Heinrich, a 22-year-old from Munich, was stabbed in the stomach during an incident outside his apartment at St Anthony's Road in Rialto on 1 December.

His friend Robert Rinker, 22, also a student from Germany, suffered life-threatening injuries and was in intensive care for two days.

In May, a now 17-year-old boy, who cannot be named, and 19-year-old Wesley Kelly, of St Anthony's Road, Rialto, were charged at the Dublin Children's Court with the murder of Mr Heinrich and assault causing serious harm to Mr Rinker.

Both offences, on conviction, can carry life sentences.

Mr Kelly made no reply when the charges were put to him while his co-accused responded with "no comment", Detective Sergeant Michael McNulty and Detective Sergeant Michael O'Brien had said at their first hearing on 29 May last.

Today, they appeared again at the juvenile court where Judge John O'Connor heard that the book of evidence has not been completed yet.

Earlier, the juvenile court had been told that the case involved a lot of material, "about 100 statements, 50 exhibits, a lot of forensics and CCTV".

State solicitor Donal Forde told the judge that more time was needed, but added that the book of evidence would be ready in two weeks.

The prosecution lawyer said that there was a significant number of witness statements as well as forensic evidence, which have to be brought together before being finalised.

Grainne Whelan, the 17-year-old boy's solicitor, said this was the fourth time assurances had been given by the State that the book of evidence would be ready at the subsequent hearing.

The defence lawyer said it was an inexcusable delay and if her client were eventually convicted as an adult there would be very different consequences for him.

Judge O'Connor agreed to allow more time for the book of evidence to be finalised, but marked the case peremptory against the State. This means there could be a strike out if it is not in court at the next hearing in two weeks.

Ms Whelan also said that she will be applying for a strike out if it is not completed by then.

The youths, who were accompanied to court by family members, were remanded on continuing bail.

Neither teenager has indicated how they will plead. While they have been charged in a juvenile court, the murder allegation means they will be tried at the Central Criminal Court.

Their bail terms state that they must reside at their current addresses, obey a 9pm to 7am curfew, and sign on daily at their local garda station.

They have also been warned that they must not contact each other personally or by electronic means and have "no contact directly or indirectly with witnesses".

Mr Heinrich and his friend Mr Rinker, both students at the MHMK Macromedia 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 in December when his study period in Dublin was due to end.

The two students had been living at Herberton apartments on St Anthony's Road in Rialto.

At around 5.30am on 1 December 2012, they went outside where they sustained injuries.

Mr Heinrich was brought by ambulance to nearby St James's Hospital where he underwent surgery, but he was pronounced dead at 9am that day.