Judge Orders Arrest Of 16 Year...


Judge Orders Arrest Of 16 Year Old Accused Of Attacking Chinese Man

Ellen Butler
Ellen Butler

03:33 21 Jun 2023

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The boy denies the charge.

A judge has ordered the arrest of a 16 year old boy found guilty of attacking a Chinese national on a busy street in Dublin.

The Dublin Children's Court heard the father was beaten up by youths in front of his daughter, racially abused and made to apologise after giving out to another boy who squirted him with water.

The teen had denied the charge claiming self-defence and that he was protecting his little brother, who had used a water gun before the incident, which "escalated" into a gang attack.

However, he was found guilty by District Court President, Judge Paul Kelly, following a contested hearing in April.

Judge Kelly asked for a victim impact statement and a probation report on the teen for his sentencing hearing today.

However, the boy did not come to court, and Judge Kelly issued Gardaí with a bench warrant.

CCTV footage showed the boy repeatedly punching him while his teenage daughter stood nearby.

He admitted that he hit the victim up to seven times before the others joined in, dragged the man along railings, and reined blows and kicks to his head and body.

Garda Ciara Burke told the court that the man had a swollen eye, bloody face, and blood coming from his nose when he arrived at Store Street station minutes after the incident.

The victim reported that he had spoken to a young boy who sprayed him with a water gun, but the accused became racially abusive and hit him before "a whole load of youths became involved".

Afterwards, they followed him and "made him apologise", or they would not leave him alone.

Garda Burke obtained CCTV footage from the scene and arrested the boy after overhearing him telling a person about the incident three days later. The teen told her, "I just swung until he backed off," the court heard.

In evidence, the victim recalled telling the defendant's brother, who squirted him, "Stop it", and he put his hands out but not him.

He was worried for his daughter and tried to walk away, but the accused started hitting him. Then, he said, "Some guys came across the road and hit me really bad. I was covered by my hat, so I did not see anything, and they kept hitting me; one guy hit me really bad."

He agreed with State solicitor Mairead White that they made him apologise afterwards, telling the man, "If you don't say sorry, we won't let you go".

The teen claimed in court that the victim had put his hand on his little brother and started giving out, so he went to defend him.

He alleged the man came at him and kicked him, and he claimed he was using self-defence but backed off and kept his distance when the incident escalated.

In cross-examination, the prosecution suggested he would have pulled his brother away if he had been protecting him.

The defence that the boy had an "instinctive reaction" to defend his brother.

Convicting him, however, Judge Kelly had held that the teen acted aggressively, not defensively.

The boy cannot be identified because he is a minor.

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Dublin Children's Court Garda Ciara Burke Judge Paul Kelly

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