Teen allegedly assaulted man on Grafton St
A 15-YEAR-OLD boy will go on trial in March accused of assaulting a man who suffered a fractured skull and a bleed on his brain when he was attacked on Dublin's Grafton Street.
The teenager, who cannot be named because he is a minor, has pleaded not guilty to assault causing harm to the man on Sept. 19, 2014. He was aged 13 at the time.
An attempted to have his case thrown out on the grounds of delay did not succeed. Judge John O'Connor noted at the Dublin Children's Court that a February trial date that had been set did not suit witnesses.
He ordered that the hearing would take place in March instead. The case will be listed in February for mention to confirm if witnesses will be available.
In an outline of the allegations given earlier, Garda Niall Kenny said the incident happened at 9.20pm when the accused and seven others friends made their way up Grafton Street and stopped outside a shop.
The victim was on his way home and had stopped off at the shop to buy a cup of tea. When he left he got into a conversation with a member of the group but it is unknown what the conversation entailed.
The man put his hand on the shoulder of one of them but not in an aggressive manner, Gda Kenny said. When a co-accused, who is not currently before the Children's Court, went to strike him the man avoided a blow by moving and blocking him.
It was alleged the boy and another co-accused then simultaneously punched the man in the face striking him on the nose, Gda Kenny had said.
The court heard the man “fell and struck his head off the pavement” while the attackers dispersed. The court has heard the man suffered a fractured skull and a bleed on his brain and medical reports have been furnished to Judge O'Connor. He has also watched CCTV showing the man being struck and ending up flat on his back.
The DPP had recommended that the teenager's case could be dealt with in the juvenile court and should not be sent forward to the circuit court, which has tougher sentencing powers.
Judge O'Connor had said he noted the DPP's view and in light of the boy's very young age he accepted jurisdiction.
The south Dublin boy remains on bail provided he abides by a nightly curfew and signs on daily at his local garda station. He has already surrendered his passport and must have a mobile phone so gardai can call him. He cannot have any contact with the injured party.