Case involving juvenile ‘will be blown out of the water’ — Kildare solicitor

A solicitor told a garda at Naas District Court on Thursday, February 16, that a statement due to be used in a court case will 'blow it out of the water.'

Tim Kennelly made the comments while defending a teenage boy.

The teenager is alleged to have taken part in an assault which resulted in the broken jaw of another boy, who allegedly had been picking on him.

Mr Kennelly added that the incident was the result of 'bullying which escalated', and that  the prospect of appearing in court has made his client anxious.

Garda Sergeant Brian Jacob mentioned that there was a co-accused in the case, another teenage boy, who was 'the main architect' of the assault.

He said that the boy was before a different jurisdiction and had submitted a guilty plea in the case against him.

Judge Desmond Zaidan was unimpressed by the demeanour of the accused, saying: "He is taking the Del-Boy position; if he was any more relaxed, he’d fall over."

He also said that he spotted the boy smiling in the courtroom at one point.

Solicitor Tim Kennelly. File Photo.

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Following this, Judge Zaidan said: "He is presumed innocent, but my take is that (the accused) has a voice, and the alleged injured party also has a voice.

"Even if the other boy started it but didn’t finish it off, then he still played an equal role (in the alleged assault)."

Mr Kennelly then told Sgt Jacob that there was a statement due from the alleged injured party that 'would blow it (the case) out of the water.'

Sgt Jacob replied that while the State accepts that the accused was being called names by the alleged injured party, his situation 'did not justify' injuring the other boy.

The case will return for hearing on a date in July.