Australian court starts first hearing in Ireland

Legal history was made today when an Australian court sat for the first time in the Republic of Ireland to hear how a train driver was paralysed during a holiday swimming accident.

The hearing of the New South Wales Supreme Court, including solicitors, barristers and court officials, is being held in Dublin with the special permission of the High Court.

Australian judge Mr Justice A G Whealy heard how 32-year-old Dubliner Garry Mulligan cheated death after diving into the sea at Coffs Harbour, north of Sydney, and broke his neck.

Although his girlfriend Jennifer Brady saved his life, Mr Mulligan’s hopes of a family or even future independence and dignity were destroyed as he was left paralysed from the chest down.

After Mr Justice Whealy expressed gratitude to Chief Justice Ronan Keane, Brian Murray QC, Mr Mulligan’s Australian counsel, outlined how his life had changed dramatically since the accident.

He told the hearing at the Four Courts: “When he was pulled out of the water he had no sensation or movement of any limbs.”

Mr Mulligan was admitted to the Prince of Wales Hospital in Sydney.

“The only function he gained was some minor upper limb function with some shoulder movement and elbow movement,” Mr Murray said.

“Despite intensive physiotherapy there was no improvement in function.”

The court heard that Mr Mulligan and Ms Brady had bought a house before his accident and planned to become engaged, adding: “He had everything to look forward to, a life involving marriage and a family.”

But he could no longer have a family and suffered “fits of despair” and loss of dignity, Mr Murray said.

“He has no capacity to move himself from any part of his body from the nipple down. His emotional state, as one can understand, is not good.

“He has come to accept the disability but he is subject to fits of despair and particularly keenly feels his loss of independence and privacy.

“He does not sleep very well, he simply lies there. He does not have the ability to move once he has been put to bed.”

The court also heard how a catalogue of difficulties had plagued Mr Mulligan’s recovery.

When he was repatriated to Ireland there were no facilities to remove him from the aircraft in Dublin, so he had to be flown to Belfast.

The local authority in Mr Mulligan’s home district of Dun Laoghaire, Co Dublin, refused planning permission for modifications to his family home because they were unable to provide three separate quotes for the work.

Mr Mulligan was injured in January 1999 and had to stay in hospital in Australia before returning home in April that year.

He is claiming negligence against Coffs Harbour City Council.

Mr Mulligan is expected to give evidence later today.