Three schoolboys involved in a robbery where an 82-year-old man had four shots fired into his face from a pellet gun were not sentenced by Judge Raymond Groarke yesterday because he said it was one of the most serious cases of robbery he had ever dealt with and he wanted more time to consider what sentence to impose.
Judge Groarke said the acts they carried out were "evil".
He questioned the three, who came from decent families and had never been brought to Garda attention before.
"What possessed you to attack a man who never did you any harm, was he just in the wrong place at the wrong time?"
Last week the three, now aged 15, 16 and 17, and who cannot be named for legal reasons, pleaded guilty at Dundalk Circuit Criminal Court to the unlawful possession of the pellet gun and to robbing Mr Oliver Mullen at the shop he ran from his home on Marsh Road, Drogheda, on September 17th last year. The court heard that the 16-year-old, who was 15 at the time, had demanded money from Mr Mullen. When he twice refused, he fired at least four shots at him, hitting him in the face. Mr Mullen received bruising, and Judge Groarke was told yesterday that a medical report from his GP would be available for the next court date.
"Mr Mullen had enjoyed a considerable degree of independence and ran the shop more as a hobby and enjoyed a good quality of life before this. He has retreated into a home since and I am told he would not have been fit to give evidence in a trial," the judge said yesterday.
He said the three youths had given whole-hearted co-operation to gardaí and concealed nothing from the investigation.
All are studying for their Leaving Certificate and Judge Groarke said he must also have regard to their age and immaturity at the time as well as the consequences on the victim. Compensation is little value to the victim, he said, and noted that Mr Mullen's niece had said she would like them to be punished but not sent to prison.
Judge Groarke said he needed further time to consider the matter as the case troubled him greatly and he adjourned it for two weeks. In the meantime he remanded the 16- and 17-year-olds in custody, the third, who is 15, was remanded on continuing bail.