A judge has sought clarification on whether or not a youth's unprovoked attack on a Somalian refugee was racially motivated.
The youth had pleaded guilty at the Children's Court to assault causing harm to the Somalian national, at a shop, at Sackville Court, in north inner city Dublin, on December 26, 2008.
The first-time offender, who was a juvenile at the time of the attack, has since turned 18 and was back in court today for sentencing.
The court had sought a family conference report whereby the Probation Service would organise an action plan of restorative justice activities to be completed over a six month period.
Full compliance with a family conference action plan leads to the case being struck out leaving the defendant without a recorded conviction for the offence.
Judge Gibbon heard yesterday (MON) that the action plan also included a written apology to the victim which was furnished to the court.
He praised the quality of the letter but said he noted that the victim was a Somalian refugee.
He said the letter did not address whether there had been “a racial undertone” or had the victim been “ in the wrong place at the wrong time.”
He said that he wanted this question to be explored by agencies working with the youth to steer him away from offending.
Defence solicitor Sarah Molloy said she did not believe the incident was racially motivated.
The victim had suffered facial bruising during the unprovoked attack after which he made a full recovery.
Judge Gibbons adjourned the case until Friday next for the case to go before Judge Aingeal Ni Chonduin who had heard the facts last October.
The youth, who is in part-time employment and hopes to go on to third level education, had no prior convictions and had not come to garda notice since the attack.
He was remanded on continuing bail.