A man has been accused of setting fire to a makeshift den and causing the death of a 12- year-old boy trapped inside over a decade ago.
Dermot Griffin (54), Ballyfermot Road, Ballyfermot, Dublin, has pleaded not guilty at Dublin Circuit Criminal Court to the manslaughter of Stephen Hughes at Rossfield Avenue, Tallaght, on September 1st, 2001.
Mary Rose Gearty SC, prosecuting, told the court that a number of youths had been making the den between two buildings at Rossfield Avenue from the end of August 2001.
She said this den had become "sizable". On Friday August 31st, Stephen Hughes and Daryl Hall (14) decided to stay overnight.
Ms Gearty told the jury a number of young people came in and out of the den on the night and at some points candles were used.
She said Mr Hall would give evidence that he had been sleeping towards the back of the den and managed to break through a wall to escape the fire. Stephen was not able to get out and he died.
Burning shed
Terry O'Connor of Dublin Fire Brigade told Ms Gearty that he discovered a child's body in the burning remains of "some type of shed" at Rossfield Avenue.
He arrived on the scene of the fire, between a garage and a shop, at about 5.20am. He said the garage and a nearby parked van were in flames. Mr O’Connor told Ms Gearty that he discovered the child’s body after he entered the burning hut with breathing apparatus when the fire had been extinguished. He continued to cool down the area, leaving the body where it was.
In her opening speech, Ms Gearty explained that if someone committed a criminal or dangerous act in which someone else died, then the crime was manslaughter. She added that the criminal act in this case was arson.
She told the jury to listen to the evidence as if the fire occurred last week or last year.
She also said that at least one of the prosecution witnesses had a heroin addiction at the time. She asked the jurors to bear this in mind when assessing the reliability of their evidence of the events.
CCTV footage
Det Garda Colin Rochford showed the jury black-and- white CCTV footage which partially captured the scene of the fire. He pointed out a figure entering the frame and then exiting.
Ms Gearty noted that several people could be seen coming in and out of frame at various points but that it was impossible to say whether they were the same people each time.
Rossfield Avenue resident Ian Reilly gave evidence that he set up the CCTV system at his home because several of his vehicles had been damaged in the past.
The trial continues before Judge Patricia Ryan and a jury of six men and six women.