A 17-year-old member of a car theft gang was arrested in a stolen vehicle just two weeks before a fatal crash, but was back engaging in car theft the same night due to a lack of available beds at the country's sole juvenile detention center. Kamil Pustkowski was a member of a WhatsApp group used by teenage car thieves to monitor bed availability at Oberstown Children’s Detention Centre in Lusk, County Dublin.
Sources indicate that when the facility is at capacity, young offenders are informed, leading them to engage in crime sprees with the knowledge that they are unlikely to be detained. Pustkowski had appeared in Children’s Court in July, weeks before the M9 crash, after being caught in a stolen car. Hours after his court appearance, gardaí observed him in another stolen vehicle involved in a fuel drive-off.
Law enforcement officials have expressed frustration with the “revolving door” system, stating that the lack of detention space acts as a disincentive for young offenders to comply with the law. They note that victims of these crimes are often informed that bail objections cannot be heard due to a lack of beds, and that the young offenders continue to re-offend in their communities.
In the past, judicial figures have warned about the consequences of insufficient detention spaces. In June of the previous year, the President of the District Court cautioned that the child justice system risked being brought into disrepute and that a “terrible accident” might occur due to teenagers repeatedly breaching bail and having nowhere to be held. The Minister for Justice also previously expressed concern over a lack of space for two 17-year-olds accused of involvement in a burglary with a machine gun.
The Department of Children stated that beds at Oberstown are allocated on a first-come, first-served basis, and judges can only send offenders if space is confirmed. Specific data on occupied beds was referred to Oberstown. A spokesperson for Oberstown, via a PR company, stated that figures on the number of youngsters released from custody since August are “not publicly available.”
According to the detention center's website, Oberstown has capacity for 42 boys and four girls, though recent reports suggest female offender beds have been reduced. Current figures from the website indicate 39 boys and one girl are detained there. Past occupancy rates show an average of 39 to 43 beds occupied out of 46. Data for July and August, when some of those involved in the M9 crash were arrested and released on bail, is not available.
Staff at Oberstown are currently involved in industrial action regarding working conditions, with a fourth work stoppage scheduled. While Oberstown management has disputed claims about staffing attrition and safety, sources familiar with the center report that staff are leaving for better terms and conditions elsewhere, with the center losing approximately 30 percent of its staff annually. There are also concerns that younger offenders are entering the system, and that overstretched social services may be releasing young people from care into the criminal justice system.