Concern at Garda failure to find 'troubled boy'

Lawyers have expressed concern to the High Court at the failure by the Garda to find and arrest a very troubled boy who is missing but who has been seen recently on a number of occasions around Dublin's Thomas Street area.

The court has been told the life of the 16-year-old boy, who is in health board care and believed to be abusing heroin and Ecstasy, is regarded as at serious risk particularly as his two brothers died from drug overdoses.

Mr Mark de Blacam SC, for the boy, yesterday said he was considering asking the court to direct a senior Garda officer appear before the court and explain why the boy had not been located. The boy has now been missing for more than six weeks.

On May 29th last, Mr Justice Murphy made an order directing gardaí to search for the boy. If he is found, he is to be placed, in the absence of an appropriate alternative, for a 14-day period in St Patrick's Institution for assessment as to his drug situation. His court-appointed guardian and other professionals have recommended he goes to a secure short-term drug respite unit but there is no such facility in the State.

The application for the boy's detention in St Patrick's was made on May 29th by the South Western Area Health Board, which has statutory responsibility for the boy's care, and was consented to by the State. Mr de Blacam said he could not object on the basis the boy's life was at risk and nothing else was on offer but he also was not consenting.

His guardian believed it was "nothing short of a scandal" and "wrong in principle" that a boy who needed care could only be offered a place in a penal institution, counsel added.

Mr Patrick MacEntee SC, for the SWAHB, said the order directing the boy's arrest had been given to Kevin Street station. He believed the boy was quite well known to some gardaí.

Mr Justice Murphy ordered that the warrant for the boy's arrest be reissued with his photograph and a brief description. This was clearly a serious matter and it appeared the boy had been avoiding gardaí, the judge said.

The boy comes from a very dysfunctional family background. Two of his brothers died from heroin overdoses after being released from places of detention and his sister, described as extremely disturbed, is in care.

The parents of the children are serious alcoholics and have been described as incapable of parenting.

At last month's hearing, Mr de Blacam said the case, before the High Court since August 2001, had been treated as "a fire brigade operation from beginning to end".