Youth can challenge conviction

A youth was told by a judge he would avoid a criminal conviction if he paid £150 to the Garda Benevolent Society, the High Court was told yesterday. But, although he paid the money over, a conviction was still imposed.

Mr Justice McKechnie granted leave to Mr Michael Forde SC, for the 17-year-old youth, to challenge the decision of District Judge Desmond Windle to convict his client on two charges under the Public Order Act 1997.

In an affidavit, Mr Kevin Tunney, solicitor for the youth, said his client had no previous convictions and had appeared before Judge Windle at the Children's Court on October 11th.

He was charged with extreme intoxication and intentional or reckless behaviour likely to cause a breach of the peace. He denied both charges.

The judge found against the youth and sought an explanation. He denied the allegations.

The judge said the youth could avoid a criminal conviction if he paid £150 to the Garda society. The money was handed over and the judge then warned the youth. The youth again denied the charges.

Mr Tunney said he believed Judge Windle "took umbrage" at the youth's denial. Later that day, Judge Windle recorded the conviction.

Mr Justice McKechnie granted leave to challenge Judge Windle's order in judicial review proceedings.