Teenager accused of assault on young father to stand trial as DPP upgrades charge

A teenager is to stand trial accused of leaving a young father fighting for his life in hospital following an alleged assault in Mullingar last December after having the charge against him upgraded by the Director of Public Prosecutions (DPP).

The 17-year-old accused was served with a book of evidence at last Thursday’s sitting of Mullingar District Court in connection to an incident at Grove Street, Mullingar during the early hours of December 14, 2024.

His alleged victim, who is originally from Longford Town, was found critically injured and unconscious on the ground following the alleged assault at the end of a Christmas night out work colleagues.

He was initially taken to the Midland Regional Hospital Mullingar with serious head injuries, and subsequently transferred to Beaumont Hospital, Dublin.

It was there that medics carried out emergency surgery on the man by inserting a catheter to relieve pressure on his brain.

The teenager, who turns 18 in November, had previously appeared charged with assault causing harm to his alleged victim under section 3 of the Non-Fatal Offences Against the Person Act 1997.

In April, that charge was withdrawn by the state and replaced by its more serious section 4 alternative.

The following month, a hearing under Section 75 of the 2001 Children’s Act took place before Judge Bernadette Owens before determining whether the case should proceed to the Circuit Criminal Court, which has wider sentencing powers.

Such a hearing, which is heard by a District Court judge, deals with issues including the accused minor’s age and maturity, and other relevant facts, and must be heard before any decision is made to send the accused minor forward for trial.

The section also allows a district judge to deal summarily with a child charged with an indictable offence, other than an offence required to be tried before the Central Criminal Court.

Judge Owens ultimately refused jurisdiction in the case, given what the court heard were the substantial “life-changing injuries” sustained by the victim, who remains under the care of medics in the Midland Regional Hospital, Mullingar.

That determination was also made on the grounds that a section 4 charge is the “most serious” assault to fall under the Non-Fatal Offences Against the Person Act.

Garda Pat Walsh, at last week’s District Court sitting, gave sworn evidence of having served the book of evidence to the accused, in the presence of the teenager’s mother and defence barrister Alexander MacDonnell, BL.

The teenage accused, who wore a white jumper and dark tracksuit bottoms to court, watched on with his hands clasped in front of him as Judge Owens was provided with further details on the state’s current position with the case.

Sgt Sheila Kenny said the DPP was now in a position to formally apply for the teenager to be sent forward for trial and requested the court to approve that ahead of the next sessions of Mullingar Circuit Criminal Court next month.

Judge Owens acceded to that application and gave the youngster what’s known as the ‘alibi warning’, a legal term advising him of his obligation to the notify the state of any alibi evidence he wished to rely on during the course of his trial.

The teenager showed no emotion as he was also told he was being sent forward on his own bond of €100 with a non cash independent surety requirement signed by his mother, who sat in the public gallery of the court for much of the hearing.

Mr MacDonnell, on behalf of his client, asked for legal aid to cover the cost of junior and senior counsel to the case given the gravity of the charge the teenager was facing.

Judge Owens approved that requesting, saying the application was “appropriate” in the circumstances.

The teenager was remanded on continuing bail to Mullingar Circuit Criminal Court on July 10.