Two Dublin youths charged with a violent incident at Howth Junction Dart station earlier this year have been granted bail with strict conditions.
CCTV footage emerged showing a 17-year-old girl falling between the platform and a train on April 1st. She was helped back onto the platform by her friends and staff.
Investigating gardaí obtained directions from the Director of Public Prosecutions (DPP) and arrested two boys, aged 16 and 17, by arrangement on Tuesday.
They were charged at Clontarf Garda station and brought before Judge Paul Kelly in separate Dublin Children's Court hearings.
The pair, both from north Dublin, cannot be named because they are minors and were ordered to appear again in December for a preliminary hearing to decide their trial venue.
The younger boy is accused of assault causing harm to the girl at Howth Junction station and violent disorder by using or threatening to use violence with two others, causing another person to fear their safety. Accompanied to the hearing by his parents, he was first to appear before the court.
Garda Kevin O’Boyle arrested the boy at 8.57am and charged him with the two offences.
The court heard the teenager "made no reply after caution", and was handed copies of the charge sheets.
The 17-year-old, accompanied by his father, was arrested later and charged at 10am. He is accused of the violent disorder offence only, and Garda O'Boyle said: "There was no reply to the charge after caution".
Bail conditions
Both teens have not yet indicated how they will plead. There was no objection to bail subject to conditions.
Both must reside at their current addresses, not contact each other and a third youth yet to be charged, or the injured party and her family.
Judge Kelly warned the no-contact condition included the use of messages, third parties, or social media.
Solicitors Ellen Reid, for the 16-year-old, and Aonghus McCarthy, for the co-accused, said there was consent to these terms.
Following a request by the garda, the judge ordered them to remain away from all Irish Rail Dart stations.
The younger boy agreed to provide a contact phone number, but the judge decided not to make it a condition for the co-defendant.
Mr McCarthy explained the 17-year-old did not have a working number. Judge Kelly remarked he "must be the only 17-year-old in the country who does not have a phone". The teen replied: “I have a phone, just no SIM card”.
Mr McCarthy questioned if that condition was necessary for his client, who had not tried to evade gardaí and was before the court for the first time.
The DPP had directed trial on indictment in the Circuit Court, which has broader sentencing powers.
However, because they are juveniles, they can have a "section 75 hearing". The procedure allows them to plead with the Children's Court to retain jurisdiction by considering age, level of maturity, and any other relevant factors. The prosecuting garda must provide disclosure of evidence to the defence.
Judge Kelly warned the boys they must be of good behaviour and that they risked having bail revoked if they broke the terms.
The teens, who indicated they understood, were granted legal aid.
