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Displaying items by tag: Courts

#CliffsOfMoher - An inquest into the death of a BASE jumper at the Cliffs of Moher earlier this year has heard how his parachute opened in the wrong direction as he was in free fall from the top of the Co Clare beauty spot.

As previously reported on Afloat.ie, the deceased was one of three men who had gone to Aill Na Searrach to perform the jump on the morning of Saturday 22 April.

In his deposition at the inquest, as reported in The Irish Times, Greg McEntee said he completed his own jump and landing safely just before the late Malcolm Rowley leapt from the edge.

McEntee described witnessing Rowley’s free fall and saw him opening his parachute “but when it opened, it didn’t open facing away from the cliffs.”

The incident was a “one in a 100” chance, said the veteran skydiver and BASE jumper of the deceased, whom he noted as having “a reasonable amount” of experience.

BASE (building, antenna, span and earth) jumping is the practice of parachuting from low-altitude fixed objects or cliffs. The extreme sport is considered illegal in most circumstances.

The Irish Times has much more on the story HERE.

Published in Coastal Notes

#CheekiRafiki - The director of the yachting company that operated the Cheeki Rafiki has been convicted of failing to ensure the vessel’s safety when it was lost in the Atlantic three years ago.

James Male, Andrew Bridge, Steve Warren and Paul Goslin were lost at sea when their yacht lost its keel amid poor weather some 700 miles offshore of Nova Scotia in May 2014, as previously reported on Afloat.ie.

In October last year, Douglas Innes of Stormforce Coaching Ltd was charged with the manslaughter of the four sailors, as well as failing to ensure the safety of the vessel.

According to the Guardian, Winchester crown court heard that the Cheeki Rafiki has grounded three times prior to the incident, and that bolts holding the keel to the hull were found to have failed. 

It was also claimed that Innes had planned an “unsafe” route from a regatta in Antigua to Britain, the voyage on which the tragedy occurred.

Innes has been released on unconditional bail pending sentencing. He also faces a retrial on the manslaughter charges after the jury failed to reach verdicts. The Guardian has more HERE.

Published in Offshore
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#Angling - Inland Fisheries Ireland (IFI) is now explicitly empowered to bring and prosecute summary proceedings for fisheries offences as the Inland Fisheries (Amendment) Act 2017 comes into force, following the signing of a commencement order by Environment Minister Denis Naughten yesterday (Tuesday 11 July).

The revised legislation resolves an issue over IFI’s power to prosecute, which arose in February 2017 and resulted in required legal amendments.

Earlier this year IFI was informed by the Department of Communications, Climate Action and Environment that it had received legal advice to the effect that IFI did not have explicit power to prosecute offences under the Fisheries Acts.

The news brought a halt to all legal actions against poaching and other illegal angling and inland fisheries activity, as previously reported on Afloat.ie.

However, the legislation commenced yesterday confirms that IFI has the power to resume legal action for offences under the Fisheries Acts.

In the interim period since the legislative issue came to light, fisheries officers continued to work as normal, and any offences detected during the past six-month period will now be able to proceed to prosecution in the normal manner.

“We welcome the commencement of this new legislation, which safeguards our ability to prosecute, and as a result, protects our fisheries resource which is of significant environmental, social and economic value to our country,” said IFI chief executive Dr Ciaran Byrne.

“This means that our staff can continue to ensure that this valuable natural resource is protected, conserved, managed and developed for the communities it serves across Ireland.”

Published in Angling

#DLHarbour - Dun Laoghaire Harbour Company’s chief executive is seeking over €350,000 in backdated bonuses from the company, as Jack Horgan-Jones writes in yesterday’s Sunday Business Post.

Gerry Dunne lodged High Court proceedings against his employer in September last year, as previously reported on Afloat.ie.

But it has only emerged now that Dunne, who took over as CEO of the beleaguered port company in 2009, will argue for the payment of bonuses stipulated by his contract.

Such payments have been withheld under current Government policy not to pay performance-related top-ups to the executives of State or semi-State companies.

Dunne spearheaded the ‘masterplan’ for the regeneration of Dun Laoghaire Harbour in 2011. However, the South Dublin port subsequently lost its anchor ferry link to Holyhead.

Few of the masterplan’s proposals have come to fruition in the six years since its launch, though plans to accommodate large scale cruise liners, previously subject to restrictions and much controversy, are now back on the agenda.

Published in News Update

#Angling - Legal actions against poaching and other illegal angling and fisheries activity have hit a stumbling block after it was found that Inland Fisheries Ireland (IFI) does not have “explicit power to prosecute offences”.

The Department of Communications, Climate Action and Environment has called a halt to any summonses currently before the courts until necessary amendments to the Fisheries Acts are enacted.

IFI says it is considering whether fresh summonses can be issued at a later stage when the amendments are in place. In the meantime, any alleged offenders remain liable to prosecution.

Published in Angling

#SuttonDC - A former sailing instructor has settled her case against Sutton Dinghy Club over an incident in which she lost a finger.

As The Irish Times reports, representatives for Hannah Fitzsimons alleged that she had been "required to carry out an unsafe activity and was caused or permitted use a dangerous or unsafe method for towing boats in difficulty".

The claim stemmed from the incident on 11 August 2011 in which her left ring finger was amputated while she was towing a dinghy by hand in waters adjacent to the clubhouse.

An accomplished musician, the Sutton woman said the accident had forced her to give up on plans to be a music teacher and rendered her unable to play the flute or the piano.

The Irish Times has more on the story HERE.

Published in News Update

#Angling - An angler has narrowly avoided jail for assaulting two fisheries officers and fishing without a permit on the River Moy near Foxford in Co Mayo.

Nick McKeown of Foxford was prosecuted by Inland Fisheries Ireland (IFI) at a sitting of Ballina District Court on 9 December 2013. McKeown failed to attend the hearing but was represented by his solicitor, Charlie Gilmartin.

Judge Kevin Kilrane proceeded in McKeown’s absence and, after hearing the evidence from fisheries officers Geoffrey Thornton, Eddie Doherty and assistant inspector Pat Armstrong, convicted him of fishing without a permit on four separate dates and assault on two fishery officers in 2011.

Gilmartin explained his client’s actions by indicating that there had been some confusion as to the ownership of fishing rights on Cloongee Fishery on the River Moy, where the incidents took place.

Solicitor Henry Hewson, acting for IFI, presented an Order from Castlebar Circuit Court confirming that IFI held title to the fishing rights on that section of the River Moy since its purchase by the former North Western Regional Fisheries Board in 2004.

The judge heard evidence that McKeown was also found fishing at Clongee without a permit on a number of dates after the Circuit Court ruling in 2012.

Judge Kilrane reportedly took a dim view of the defendant’s actions and felt that a fine might not be appropriate in this case.

A warrant was issued for McKeown’s arrest so that he could be brought before the court for sentencing. However, McKeown arrived at the court late and the judge agreed to sit again in order to deal with the matter.

Judge Kilrane indicated that he would not impose a prison sentence if McKeown gave a written undertaking to the court that he would not fish illegally in future.

The judge adjourned sentencing to 8 December 2014 with liberty for IFI to re-enter if there is a breach of the undertaking signed.

Published in Angling
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Royal Irish Yacht Club - Frequently Asked Questions

The Royal Irish Yacht Club is situated in a central location in Dun Laoghaire Harbour with excellent access and visiting sailors can be sure of a special welcome. The clubhouse is located in the prime middle ground of the harbour in front of the town marina and it is Dun Laoghaire's oldest yacht club. 

What's a brief history of the Royal Irish Yacht Club?

The yacht club was founded in 1831, with the Marquess of Anglesey, who commanded the cavalry at the Battle of Waterloo being its first Commodore. 

John Skipton Mulvany designed the clubhouse, which still retains a number of original architectural features since being opened in 1851.

It was granted an ensign by the Admiralty of a white ensign with the Coat of Arms of the Kingdom of Ireland beneath the Union Jack in canton.

Many prominent names feature among the past members of the Club. The first Duke of Wellington was elected in 1833, followed by other illustrious men including the eccentric Admiral Sir Charles Napier, Sir Dominic Corrigan the distinguished physician, Sir Thomas Lipton, novelist, George A. Birmingham, yachtsman and author, Conor O'Brien, and famous naval historian and author, Patrick O Brian. 

In the club's constitution, it was unique among yacht clubs in that it required yacht owners to provide the club's commodore with information about the coast and any deep-sea fisheries they encountered on all of their voyages.

In 1846, the club was granted permission to use the Royal prefix by Queen Victoria. The club built a new clubhouse in 1851. Despite the Republic of Ireland breaking away from the United Kingdom, the Royal Irish Yacht Club elected to retain its Royal title.

In 1848, a yachting trophy called "Her Majesty's Plate" was established by Queen Victoria to be contested at Kingstown where the Royal Irish Yacht Club is based. The Lord-Lieutenant of Ireland at the time, George Villiers, 4th Earl of Clarendon suggested it should be contested by the Royal Irish Yacht Club and the Royal St. George Yacht Club in an annual regatta, a suggestion that was approved by both clubs with the Royal St. George hosting the first competitive regatta.

The RIYC celebrated its 185th Anniversary in 2016 with the staging of several special events in addition to being well represented afloat, both nationally and internationally. It was the year the club was also awarded Irish Yacht Club of the Year as Afloat's W M Nixon details here.

The building is now a listed structure and retains to this day all its original architectural features combined with state of the art facilities for sailors both ashore and afloat.

What is the Royal Irish Yacht Club's emblem?

The Club's emblem shows a harp with the figure of Nice, the Greek winged goddess of victory, surmounted by a crown. This emblem has remained unchanged since the foundation of the Club; a symbol of continuity and respect for the history and tradition of the Royal Irish Yacht Club.

What is the Royal Irish Yacht Club's ensign?

The RIYC's original white ensign was granted by Royal Warrant in 1831. Though the Royal Irish Yacht Club later changed the ensign to remove the St George's Cross and replace the Union Jack with the tricolour of the Republic of Ireland, the original ensign may still be used by British members of the Royal Irish Yacht Club

Who is the Commodore of the Royal Irish Yacht Club?

The current Commodore is Jerry Dowling, and the Vice-Commodore is Tim Carpenter.

The RIYC Flag Officers are: 

What reciprocal club arrangements does the Royal Irish Yacht Club have?  

As one of Ireland's leading club's, the Royal Irish Yacht Club has significant reciprocal arrangements with yacht clubs across Ireland and the UK, Europe, USA and Canada and the rest of the World. If you are visiting from another Club, please have with a letter of introduction from your Club or introduce yourself to the Club Secretary or to a member of management staff, who will show you the Club's facilities.

What car parking does the Royal Irish Yacht Club have at its Dun Laoghaire clubhouse?

The RIYC has car parking outside of its clubhouse for the use of its members. Paid public car parking is available next door to the club at the marina car park. There is also paid parking on offer within the harbour area at the Coatl Harbour (a 5-minute walk) and at an underground car park adjacent to the Royal St. George Yacht Club (a 3-minute walk). Look for parking signs. Clamping is in operation in the harbour area.

What facilities does the Royal Irish Yacht Clubhouse offer? 

The Royal Irish Yacht Club offers a relaxed, warm and welcoming atmosphere in one of the best situated and appointed clubhouses in these islands. Its prestige in yachting circles is high and its annual regatta remains one of the most attractive events in the sailing calendar. It offers both casual and formal dining with an extensive wine list and full bar facilities. The Club caters for parties, informal events, educational seminars, themed dinners and all occasions. The RIYC has a number of venues within the Club each of which provides a different ambience to match particular needs.

What are the Royal Irish Yacht Club's Boathouse facilities?

The RIYC boathouse team run the launch service to the club's swinging moorings, provide lifting for dry-sailed boats, lift and scrub boats, as well as maintaining the fabric of the deck, pontoon infrastructure, and swinging moorings. They also maintain the club crane, the only such mobile crane of the Dun Laoghaire Yacht Clubs.

What facilities are offered for junior sailing at the Royal Irish Yacht Club?

One of the missions of the Royal Irish Yacht Club is to promote sailing as a passion for life by encouraging children and young adults to learn how to sail through its summer courses and class-specific training throughout the year. 

RIYC has an active junior section. Its summer sailing courses are very popular and the club regularly has over 50 children attending courses in any week. The aim is for those children to develop lifelong friendships through sailing with other children in the club, and across the other clubs in the bay.
 
Many RIYC children go on to compete for the club at regional and national championships and some have gone on to represent Ireland at international competitions and the Olympic Regatta itself.
 
In supporting its young sailors and the wider sailing community, the RIYC regularly hosts junior sailing events including national and regional championships in classes such as the Optmist, Feva and 29er.
 
Competition is not everything though and as the club website states:  "Many of our junior sailors have gone on the become sailing instructors and enjoy teaching both in Ireland and abroad.  Ultimately, we take most pleasure from the number of junior sailors who become adult sailors and enjoy a lifetime of sailing with the club".