A teenage boy has been sent to the Oberstown Children Detention Campus after he failed a lunchtime drugs test ordered by a judge, having come before
Boy from West Cork town sent to Oberstown after failed lunchtime drugs test

Boy from West Cork town sent to Oberstown after failed lunchtime drugs test

Boy from West Cork town sent to Oberstown after failed lunchtime drugs test

Boy from West Cork town sent to Oberstown after failed lunchtime drugs test

Boy from West Cork town sent to Oberstown after failed lunchtime drugs test

Boy from West Cork town sent to Oberstown after failed lunchtime drugs test
Boy from West Cork town sent to Oberstown after failed lunchtime drugs test
  • 2020-01-14 16:30:17 1 months ago
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A teenage boy has been sent to the Oberstown Children Detention Campus after he failed a lunchtime drugs test ordered by a judge, having come before the court for continuous breaches of bail conditions.

The 15-year-old, who lives in a West Cork town, had been placed on strict bail conditions including a nightly curfew when he appeared before the district court on November 28 last.

But Judge James McNulty heard that he has been missing from his home on a spate of occasions recently as gardaí checked to see whether he was adhering to those conditions. The judge also heard the boy had gone missing from his home address for four days at one point.

The arresting Garda said he had arrested the youth on foot of a bench warrant and brought him before the court in Skibbereen.

Sgt Paul Kelly told the judge that there had been “continuous” breaches of the curfew which meant the boy should be at home between 9pm and 7am.

The conditions had been relaxed temporarily over Christmas to facilitate a visit to see relatives but Sgt Kelly said when Gardaí checked at his home at 10.40pm on December 30, there was no answer.

Between January 1 and January 5 the teenager left his home for four days, Sgt Kelly said. Then when Gardaí checked at 2.30am on January 5 there was no answer.

On January 7 he did not return home until 5am, and on January 8 he was not there when Gardaí checked at his home at 9.15pm and again at 10.20pm.

Sgt Kelly also said that the teenager was to sign on daily at his local Garda station, but had not done so since New Year’s Eve.

The boy’s solicitor, Ray Hennessy, said he had been aware of the situation following discussions with a probation officer.

Judge McNulty said: “If he is to be released on bail it will be on the basis of random oral drug fluid testing.”

He then ordered a test to be conducted over the next hour, at a Garda station.

The judge was told the boy's mother was not available and he asked the probation officer in court to check on the availability of a remand bed at Oberstown, indicating that the boy was likely to be sent there.

After a break for lunch Sgt Kelly said the boy had tested positive for cannabis.

He said the state was objecting to bail and seeking a remand in custody, while Mr Hennessy said he knew the probation officer was also keen to have the breaches of bail terms addressed.

Judge McNulty said: “In view of the repeated, continuous and continuing breaches of curfew and having regard to the oral fluid drug testing done during lunchtime, this 15-year-old should be remanded to Oberstown.”

The Judge also directed that a psychological assessment be carried out but that it does not need to be ready by the time the teenager next appears before court.

The boy was remanded in custody to appear before Clonakilty District Court on January 21.

The teenager is currently facing a number of charges, including in relation to an assault on another young person.

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Boy from West Cork town sent to Oberstown after failed lunchtime drugs test

Man 'viciously' kicked and punched father to death in drunken row, murder trial told

Man 'viciously' kicked and punched father to death in drunken row, murder trial told

A 48-year-old man "viciously" kicked and punched his father to death following a drunken argument on the deceased's 74th birthday, a barrister has told a murder trial at the Central Criminal Court.

Mark Tims, with an address at Rowlagh Green, Clondalkin, Dublin 22 has pleaded not guilty to murder but guilty to the manslaughter of Anthony 'Tony' Tims at the home they shared in Rowlagh Green on July 13, 2018.

Prosecuting counsel Michael Delaney SC today opened the trial and told the jury that he is confident the evidence will show that the accused man "assaulted his father in a vicious and sustained manner that led to his death."

Mr Delaney said the accused and his father lived together at the family home in Rowlagh Green but they had a "difficult and volatile" relationship and had many arguments over the years. Both men were heavy drinkers, he said, and many of their arguments related to their drinking.

July 13 was Anthony Tims's birthday and he spent the afternoon and evening drinking in Finches pub in Clondalkin before returning home at about 8pm.

The accused man had been drinking cans at home and had, Mr Delaney said, "consumed a considerable amount of alcohol".

An argument started, counsel said, and it was "probably a case of one word borrowing another" before the accused "set upon his father punching him in the face several times."

Mr Delaney said a mug may have been used to strike the older man and when Mr Tims fell to the floor the accused kicked him in the head and the trunk.

The accused man's partner Elizabeth 'Liz' McDonagh tried to intervene, counsel said, but the accused pushed her back. She went to a neighbour for help and when she returned she found Anthony Tims on the kitchen floor "in some distress and calling for help".

Mr Delaney said the accused then grabbed his coat and, according to Ms McDonagh, kicked his father again a number of times before leaving on a bicycle.

Mr Tims was taken to Tallaght Hospital where he was pronounced dead at about 10pm that night. A post mortem would show that he suffered multiple fractured ribs which caused air to enter his chest and led to both his lungs collapsing, causing his death.

'Substantial amount of alcohol'

Meanwhile, Mr Delaney said, the accused man met a friend on the street near Rowlagh Green and spoke to him about what had happened. Together they went to an off-licence and bought a "substantial amount of alcohol" which they drank at a nearby green area.

The accused man remained in that area for nearly 24 hours until he was found by a garda search party the following evening at about 8pm "hiding in some undergrowth".

Mr Delaney said the accused knew his father had died because he was in phone contact with family members.

During four interviews at a garda station he admitted assaulting his father although Mr Delaney said some of the details of his account may differ from the account given by counsel.

Mr Delaney further explained to the jury that Mr Tims has pleaded guilty to manslaughter and therefore accepts he is responsible for the unlawful killing of his father.

He said that the issue the jury will most likely have to look into is Mark Tims's state of mind at the time of the assault and, in particular, whether he intended to kill or cause serious injury to his father.

The trial continues in front of Mr Justice Tony Hunt and the jury of seven women and five men.

Calls for new legislation to help separated borrowers in mortgage arrears

Calls for new legislation to help separated borrowers in mortgage arrears

Banking lobbyists have called for the introduction of new legislation to ease the plight of separated borrowers who are in mortgage arrears.

It is estimated that one-in-ten cases of mortgage arrears involves borrowers who have separated.

Banking & Payments Federation Ireland (BPFI), a lobby group which represents the banking, payments and fintech sector, is calling for consideration to be given to new legislation which would better enable lenders to deal with separated borrowers who are in arrears.

The call comes in the wake of BPFI analysis which showed that lenders have to adopt a case-by-case approach because of the commercial, legal and other complexities involved.

A potential solution tabled by the lobby group is to treat each party as a single borrower with repayment capacity calculated on an individual basis, but with both borrowers remaining liable for the outstanding debt.

An alternative is to offer certain short-term alternative repayment arrangements in cases where just one party is engaging or other long-term options where both parties agree.

BPFI believes that consideration should be given by regulators and legislators to introducing new measures which could greatly help the plight of separated borrowers with mortgage arrears. These could include one or more of the following:

  • Regulation – the possibility of new regulatory provision to facilitate the engaging party and the non-cooperating party to find a workable solution;
  • Insolvency Legislation –the possibility of legislative change which would allow a lender to pursue a co-debtor who, unlike the other party in an insolvency arrangement, has not been cooperating and is not a party to the arrangement;
  • Court-approved agreements – the possibility of court-approved agreements to be put in place that may override the scope currently afforded to the non-cooperating borrower to veto an agreement;
  • Mediation – the possibility of amending the provisions of the Mediation Act 2017 to oblige solicitors in family law cases to also include the issue of the mortgage as part of the mediation stage in a separation.

Speaking on the complexity of the matter Brian Hayes, BPFI Chief Executive, said: "Lenders are doing all they can to accommodate mortgage arrears cases involving separated borrowers but there is only so much they can do on their own given the complexities involved."

BPFI has written to the Central Bank, the Insolvency Service, the Department of Finance, the Department of Justice and Equality, and MABS to seek support for introducing the changes.