'My age is 17': Somali teen accused of murdering Ukrainian youth in Dublin sent for trial amid age doubts

Tom Tuite

A Somali male accused of murdering Ukrainian teen Vadym Davydenko in Dublin has been sent forward for trial to the Central Criminal Court amid ongoing doubts over his age.

Vadym, 17, was stabbed around 11am on October 15th at a 24-hour Donaghmede care facility after fleeing Kyiv.

On Tuesday, the accused, aged 17, according to his charge sheet, again appeared via videolink at the Dublin Children's Court. He remains in custody on remand and cannot be named due to reporting restrictions.

Detective Sergeant Mark Quill served a book of evidence, which was accepted on the teen's behalf by his solicitor, Andrew Walsh, who represented the accused with Orla Doolin BL.

State solicitor Emma Croydon confirmed to Judge Karen Dowling that the Director of Public Prosecutions sought a return-for-trial order.

Judge Dowling acceded to the request and told the accused that she was sending him forward for trial in custody to the Central Criminal Court, in the Criminal Courts of Justice in Dublin.

The judge advised the accused that a date for his next hearing has not yet been scheduled, but it would be before the current legal term ends on March 27th.

It will then go to a case management list.

His solicitor informed him that he would receive a copy of the book of evidence and that there would be a legal consultation later.

Judge Dowling gave him the standard warning that he must notify the prosecution within 14 days if he intends to rely on an alibi in his defence. She also ordered gardaí to supply the defence with copies of interview videos.

Legal aid was granted to include a senior counsel, and the judge assured the accused that his solicitor would go through the book of evidence with him soon.

Walsh also said his client has not applied for bail and was reserving his position on that issue.

Solicitor Emma Kennedy, for Tusla, was present and informed Judge Dowling that the accused was no longer in care following a January 27th childcare court ruling.

Asked why an interim care order (ICO) has been denied, the Tusla solicitor provided a copy of the order and said that the application “was refused in circumstances where the court was not satisfied that the above-named is not a child”.

However, the child and family agency continues to support and visit him, and is preparing a judicial review of the ICO refusal, the court heard.

The accused was brought to the video link room at the Oberstown Children Detention Campus during a break between classes. He addressed the court via an interpreter at various stages, indicating he understood the procedure.

The judge asked for an update on the Garda enquiries in relation to the accused’s age.

Detective Sergeant Quill said that there had been "significant progress" and that a large amount of documentation had been received from UK authorities, much of it in the past few days and as late as Monday night.

The court heard gardaí need to assess the documentation, including "declarations by the accused himself on arrival in the UK a number of years ago".

These enquiries have been ongoing since his arrest, he said, with "positive engagement from some international agencies and a lack thereof from others".

Asked whether he believed the accused was over 18, the officer replied, "Yes", but said that some matters concerning documentation remained outstanding and that gardaí were making great endeavours.

The defence solicitor submitted that the court need not detain itself on that issue at that time.

At this stage of the proceedings, he spoke up, insisting, "My age is 17, what more do the police want?" and then listened to his solicitor, who said they would be in a position to discuss it, but that the court hearing was not the appropriate forum.

The accused then thanked the judge and waved as the hearing ended.

During a previous hearing in November, he sought forgiveness, claimed his documents were false, said his "country has gone to bits, and anyone can make a document to say they are 17".

A psychiatric report was also ordered.

Detective Sergeant Mark Quill said he has been in contact with Somali authorities, but described the level of engagement as being "one-way".

The then presiding judge agreed that it made sense to proceed as though the defendant was still a child in law.

His identity cannot be released while the case proceeds on the basis that he is a minor.