A TEENAGE BOY used his phone to film a young girl who was undressed in a changing kiosk at the National Aquatic Centre in Dublin, a court has heard.

The 16-year-old, who cannot be named because he is a minor, is charged with two offences under the Child Trafficking and Pornography Act.

He has been accused of knowingly possessing two videos on his mobile phone at the National Aquatic Centre on a date in 2022 when he was aged 14.

The second charge alleged he produced them for the purpose of distribution, export, publication, sale or show.

He appeared at the Dublin Children’s Court today and was remanded on continuing bail to appear again in November for a preliminary hearing to determine his trial venue.

The schoolboy, accompanied by his mother and father, did not address the court and has yet to enter a plea.

Garda James Grogan told Judge Shalom Binchy the teen allegedly used his phone, which was placed on the floor, to film a girl, aged five to seven years, undressed, and the child’s breast and vagina were visible.

The little girl was not identified.

The court heard that the boy provided a pre-written statement for his Garda interview in February. He was later charged and “made no reply” when the offence was put to him.

Judge Binchy noted that the Director of Public Prosecutions (DPP) recommended that the case stay in the Children’s Court.

However, she said she would refuse jurisdiction.

Defence barrister Doireann McDonagh asked the judge to note that there was a psychological report on the boy, who had been diagnosed with mental health issues, and his age at the time of the offence.

The court heard that he had moved to Ireland a few years beforehand and had experienced bullying and separation from one of his parents due to Covid.

Another matter was dealt with through the Garda juvenile diversion programme.

Judge Binchy said she needed to hear defence submissions and scheduled a preliminary hearing.

It would then be decided if his case should remain in the jurisdiction of the Children’s Court or be transferred to the Circuit Court, which has wider sentencing powers.

Under section 75 of the Children Act, the juvenile court can accept jurisdiction in several types of serious cases by considering the accused’s age and maturity level. This procedure involves hearing the prosecution evidence followed by submissions by the defence, after which the judge makes a ruling on the issue.

Judge Binchy said that would allow a fully-formed decision to be made.

The judge noted the defence had raised an issue of delay in bringing the prosecution, which first came before the court in August, and she agreed to Ms McDonagh’s request for gardaí to disclose a timeline for the case.