A judge has ruled that a teenage girl who killed a Dublin chipshop owner, Mr Franco Sacco, will not have to appear for probation reviews unless she comes to garda notice.
A formal review of probation was struck out in the Central Criminal Court yesterday when Mr Justice Carney accepted that she was fully complying with a probationary regime set up for her. The girl was 15 at the time of the murder; she is now 18.
On June 19th, 1998, she was sentenced by Mr Justice Carney to seven years' detention for the shotgun murder of Mr Sacco (29) at his home in Coolamber Park, Templeogue, on March 29th, 1997. But in July 1998 the three-judge Court of Criminal Appeal suspended the sentence because the State provides no proper place of detention for girls of her age. The Central Criminal Court then imposed a formal review of a probationary regime set up for the girl.
She appeared in court with her parents on November 6th, 1998, to hear the terms of that regime, but when she again appeared in court yesterday Mr Justice Carney ended the process.
The judge said that before he dealt with the issue he wanted it to be known that he read newspapers like anyone else. He had read an article written by a newspaper "crime correspondent" some weeks ago which alleged the girl was in serious breach of the terms of her probation.
In the light of that report, he took the unusual step of opening the probation report he had received before the court.
Reading from the report, he noted that the teenager had been under supervision by probation officers and had adhered fully to the conditions of her programme. The report stated that she was living an appropriate lifestyle and was now serving her second year as an apprentice hairdresser. Her parents had also fully co-operated with the probation service.
The judge accepted a recommendation from the probation service that as the Garda was at liberty to re-enter the case at any time, it could be struck out. He also noted that the officer in charge of the investigation, Supt Martin McLaughlin, agreed with those terms. He said gardai could re-enter the case if conditions did not remain the same.
The girl originally faced a life sentence for the murder of Mr Sacco. In the High Court in March 1998, Mr Justice O'Dono van ruled that the mandatory life sentence for murder would not apply to her because of her age.