Teenage boy stuffed gun 'down his jocks' during drug raid
Tom Tuite
A Dublin teenager caught up in a garda raid grabbed a packet with a semi-automatic pistol and "put it down his jocks", mistaking it for a drugs stash, a court has heard.
The boy, 17, appeared before Judge Brendan Toale at the Dublin Children's Court for a trial venue ruling.
The north Dublin teen, who cannot be named because he is a minor, was charged under the Firearms Act with unlawful possession of a 32 calibre Browning 1900 semi-automatic pistol on October 24th in a property at Millrace Park, Saggart, Dublin 24.
Judge Toale held that the case was too serious to be retained and should be sent forward to the Circuit Court, which has wider sentencing powers.
The boy will appear again later this month to indicate a plea before his case is transferred to the higher level.
During the preliminary hearing, Garda Ross Tallon of Ballyfermot station outlined the prosecution's evidence. He told Judge Toale that there were five people in the house when gardaí entered with a search warrant: the accused and four adults.
The boy, then aged 16, was "found in possession of the firearm down his trousers", and made admissions under interview.
Questioned by defence solicitor Brian Keenan, Garda Tallon said the boy admitted he "grabbed the gun thinking it was weed".
The court heard that when he picked up the packet, he "put it down his jocks".
The garda agreed with Keenan that in the intervening period, the boy had not come to further attention and had turned his life around.
Pleading for the case to remain in the juvenile court, the solicitor asked the judge to note the youth's age at the time and that, since then, he has been working and engaged in a youth project.
The court heard he had changed his peer group since then.
The Director of Public Prosecutions (DPP) was of the view that the matter, which carries a maximum 14-year sentence, was too serious to be heard in the Children's Court.
However, because he is a juvenile, the defence could, under Section 75 of the Children Act, argue that the boy should be tried there.
That legislation allows the judge to consider accepting jurisdiction by taking into account a juvenile defendant's age, level of maturity, or other factors deemed relevant to the proceedings.
Judge Toale noted there was no evidence of a maturity gap for his age. He agreed with the DPP and refused jurisdiction.
