Paralysed swimmer case: Australian court to sit in Dublin

Legal history will be made in Ireland when an entire Australian court travels to Dublin to take evidence from a man paralysed during a holiday swim.

Dubliner Gary Mulligan has been paralysed from the neck down since he went for a swim on a beach north of Sydney in January 1999.

The 32-year-old former train driver dived into the water at Cuffs Harbour, New South Wales, but hit his head on a sandbank, breaking his neck.

Only the fast actions of his girlfriend Jennifer Brady saved him from death, as she dragged him from the water.

Last week, Mr Mulligan launched legal action against the local council where the tragedy occurred.

He claimed that a new pier, which was given the go-ahead by the council, caused the sandbank to form as the tide came in.

And because he was in a designated safe-swimming area when he was injured, he claims the council was negligent.

The Australian authorities considered deputising an Irish judge or setting up a video link to take Mr Mulligan’s evidence.

But with such a serious case, and with Australian newspapers predicting a multi-million pound payout if Mr Mulligan is successful, it was decided that the entire court should travel to Dublin.

About 12 or 13 members of the New South Wales Supreme Court, including a judge, solicitors, barristers and court officials will travel to the Four Courts for about a week.

Courts Service spokesman Gerry Curran said the hearing was due to begin on the morning of September 2.

He said: “The New South Wales Supreme Court applied to the Irish courts system and asked if this could happen.

“The High Court here made an order that makes the Australian judge, Mr Justice A G Whealy, a commissioner for taking evidence for a court in a foreign jurisdiction.”

Court officials had to trawl records to find a way to enable the Australian court to sit in Ireland – eventually coming up with a law from the 1880s.

“It has never happened before. It is very unique, so it had to be researched,” Mr Curran said.

Mr Mulligan, who was on a six-month leave of absence with Ms Brady at the time, will give his evidence and be quizzed by lawyers for the council at the hearing.

He had to spend many months in hospital in Australia before he was able to travel home to Dublin.

Ms Brady is also suing the council, claiming that she suffered nervous shock.

The travel expenses for the Australian court team is expected to eventually be met out of any award.