A 15-year-old boy convicted on charges of unlawful taking of vehicles and larceny walked free from the High Court yesterday because there was no place for him in a State remand centre.
The boy had been sentenced to two years' imprisonment in Oberstown Boys' Centre by the District Court earlier this week but when taken there by gardai there was no place available. Gardai returned to the District Court with the boy and asked the District Court judge to alter his order but this was refused.
The boy was then held in Store Street Garda station and his lawyers applied for an Article 40 inquiry into the legality of his detention. Mr Justice Kelly directed that inquiry should take place yesterday and the boy was brought before the court.
Mr Conleth Bradley, for the Garda, said the superintendent in charge of Store Street station was not able to certify the boy's detention.
Mr Justice Kelly said the Garda had been placed in a quandary because of the lack of places at Oberstown and the District Court judge had correctly refused to alter his order directing the boy's detention.
The judge said he had a lot of sympathy for the victims of the boy's crimes, who were entitled to expect the boy, having been convicted at the District Court, should serve his sentence. But that could not happen because no place was available. Mr Justice Kelly said he also had sympathy for the gardai who had secured a conviction only to see their efforts wasted.
The judge added he had no sympathy for the boy, who should be in detention. However, he could not be detained other than in accordance with law. He could be lawfully detained only at Oberstown and there was no place there. In those circumstances the only order the judge could make was to direct he be released.