Evidence preparation at 'advanced stage' for youth accused of murdering Ukrainian teen in care
Tom Tuite
Preparation of a book of evidence for a Somali youth accused of murdering Ukrainian teen Vadym Davydenko at a care home in Dublin has reached "an advanced stage", a judge has heard.
Vadym, 17, was stabbed around 11am on October 15th at a 24-hour Donaghmede care facility after fleeing Kyiv.
On Monday, the accused, aged 17, according to his charge, again appeared at the Dublin Children's Court via video link from the Oberstown Children Detention Campus.
An interpreter was not available for him at the hearing. Judge Brendan Toale informed the accused, who answered yes when greeted, that a translator was not present.
He added that he would enquire about the case, and that his legal representative was in court.
The Director of Public Prosecutions (DPP) had earlier issued a direction for the accused to be tried on indictment in the Central Criminal Court.
A State solicitor told Judge Toale that the book of evidence was at an advanced stage and sought an adjournment of two weeks. It needs to be served by the DPP on an accused before the granting of a return-for-trial order. Dressed in a Liverpool tracksuit top, the accused remained seated and spoke once more to acknowledge his barrister.
Asked if there was consent to the case going back a fortnight, defence counsel Orla Doolin said she was not in a position to take instructions from her client.
The accused was remanded in continuing custody to appear again on January 27th via videolink and was told that an interpreter would be provided at his next hearing.
No further information was given to the court regarding efforts to verify his identity documents.
A solicitor for Tusla, the child and family agency, was present for the hearing, as the accused remains in care.
Last month in court, the accused sought forgiveness and claimed his documents were false.
His defence acknowledged the doubts over his age. A psychiatric report was also ordered.
When told the document with his date of birth still had to be confirmed, the youth replied that it was "not real" and his "country has gone to bits, and anyone can make a document to say they are 17".
His identity cannot be released while the case proceeds on the basis that he is a minor.
Since November, Detective Sergeant Mark Quill has been in contact with Somali authorities through the embassy in Brussels.
"We are trying to expedite matters as quickly as possible, but, unfortunately, we're in the hands of the Somalian authorities to confirm them for us, but we are making as many requests as possible to get engagement, but it's one-way at the moment, unfortunately," he had said.
The then presding judge agreed that it made sense to proceed as though the defendant was still a child in law.
The accused, who has not applied for bail or entered a plea, had said: "I would like to send my condolences and ask for forgiveness for the child."
