A 13-year-old boy charged with the murder of Kildare schoolgirl Ana Kriegel is to be granted bail.
The boy, who cannot be named because he is under 18, has been charged with the murder of the 14-year-old girl at Glenwood House, Laraghcon, Clonee Road, Lucan on May 14th, contrary to common law.
Her body was found at the disused farmhouse three days after she was reported missing.
The boy was due to face his fifth hearing at the Dublin Children's Court on Monday having been charged and remanded in custody on May 25th and then refused bail on June 29th by the High Court.
Judge John O’Connor had been told at the Children’s Court that the prosecution had made significant progress in the case and a psychiatric assessment was carried out.
The case was listed again for Monday. However, the boy was not present.
Defence solicitor Donough Molloy explained to the judge that the boy was before the High Court at the time.
Mr Molloy said he understood bail had been granted there but he was not yet aware of the terms.
There was a recess in the case and when it resumed a State solicitor told the judge that the High Court’s order was being drawn up and finalised.
The judge agreed to a “remand in custody with consent to bail”.
He was also told it was understood bail would not be taken up by the boy for several days.
Judge O’Connor adjourned the case until Thursday.
He had heard at an earlier hearing that the Director of Public Prosecutions’ (DPP) direction under Section 52.4 of the 2001 Children Act, would be ready this week.
Legal aid
The Children Act is the legal framework of the juvenile justice system.
This part of the legislation states: "Where a child under 14 years of age is charged with an offence, no further proceedings in the matter (other than any remand in custody or on bail) shall be taken except by or with the consent of the Director of Public Prosecutions. "
The book of evidence was being drafted and would probably be ready in three or four weeks, the judge was told at a hearing on July 23rd.
The prosecution had said that it was expected the DPP’s full directions would be ready this week and there would be movement, “reasonably expeditiously” toward the completion of the book of evidence.
Anastasia, known as Ana, who was adopted from Russia at the age of two, left her home in Leixlip, at about 5pm on May 14th. When she did not return and her parents were unable to contact her, they alerted gardaí. Her body was found at a disused farmhouse three days later.
At the boy’s first hearing on May 25th, Garda Insp Mark O’Neill told the court: “In reply to that charge after caution, he had nothing to say.”
Legal aid had been granted after the court was told the age of the boy and that he was a schoolchild.
On July 12th, a second 13-year-old boy was charged with the girl’s murder and he was also remanded in custody to the Oberstown youth detention centre. He will face his next hearing on July 31st, 2018.
At that boy's first hearing, Det Sergeant Damien Gannon said that teen "made no reply to the charge after caution".
There has been no indication yet as to how either boy intends to plead.
The Children’s Court judge has issued a warning to social media users that any attempt to identify them would result in prosecution.