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Displaying items by tag: Courts

One of the Kinsale RNLI volunteers honoured for their role in the rescue of 30 crew from the tall ship Astrid in July 2013 has been jailed for seven years on drug distrubution charges.

As The Irish Times reports, Liam O’Connell was sentenced to 10 years with three suspended after pleading guilty to possession of cannabis, cocaine and MDMA for sale or supply at his home just over a year ago.

At sentencing, the judge said O’Connell has exploited his status in the Kinsale community as an RNLI volunteer to participate in the drugs trade.

The Irish Times has more on the story HERE.

Published in RNLI Lifeboats

The developer behind scrapped plans for the Harbour Innovation Campus in Dun Laoghaire is taking legal action against a tech investor, as The Sunday Times reports.

Philip Gannon filed a High Court case last Wednesday (14 November) against Ian Lucey and his firm Lucey Technology citing “specific performance”, which is often an attempt to compel a party to fulfil contractual obligations.

Neither party would comment on the case, though it is understood to be separate to Gannon’s withdrawal of his Harbour Innovation Campus plans from Dun Laoghaire last month in the absence of a foreshore licence for the earmarked St Michael’s Pier site.

Previous to that, in September, Lucey wrote in a blog post on Medium that he had moved to “step back” from the project “as [Philip Gannon’s] Blond Capital undertook more management, in line with [Lucey Fund’s] model of being a small shareholder in a number of businesses.”

The Sunday Times has more on the story HERE.

Note: This piece has been corrected to remove a previous statement that Philip Gannon and Ian Lucey were business partners. The shareholder agreement clearly states that no partnership was created. We are happy to make this clarification.

Published in Dublin Bay

#FishFarm - Permission granted for a salmon farm to extract water from a Connemara lake is facing a judicial review, as the Connacht Tribune reports.

An Bord Pleanála recently greenlit plans by Bradán Beo Teo, the region’s biggest producing salmon farm enterrprise, to extract fresh water from Loch an Mhuilinn for cleaning and disease treatment purposes after the company was previously blocked by Galway County Council.

But now local environmental activists are behind a proposed High Court review of the way the planning board arrived at its decision.

The Connacht Tribune has more on the story HERE.

Published in Fishing

#Speedboat - A man has been sentenced to six years in prison for the manslaughter of a woman who died after his speedboat crashed in London three years agp.

According to The Guardian, Jack Shepherd (31) was absent from sentencing at the Old Bailey after skipping bail, and police currently have a warrant out for his arrest.

The jurors heard that in December 2015, Shepherd took his date Charlotte Brown (24) to his speedboat on the River Thames while both were under the influence of alcohol, and allowed her to drive the vessel at “full throttle”.

The boat crashed into a submerged log before capsizing and throwing both Shepherd and Brown into the river.

Brown showed symptoms of hypothermia and cardiac arrest when she was recovered from the water, and was pronounced dead later.

Neither Brown nor Shepherd was wearing a lifejacket, and Shepherd — who had previously been pulled over a number of times for speeding on the river — admitted in a police interview that he did not inform Brown, who had no boating experience, about the safety devices on board.

Police also said the speedboat itself had a number of defects, including a ‘wobble’ in its steering.

Mail Online has video recorded by Brown on her phone of part of the pair’s speedboat trip, in which she can be heard commenting that Shepherd was “going so fast”.

Judge Richard Marks QC, in his sentencing remarks, said Shepherd had a “totally cavalier attitude to safety”. The Guardian has more on the story HERE.

Published in News Update
Tagged under

#CheekiRafiki - The director of the yacht company that operated the Cheeki Rafiki — which sank in the Atlantic four years ago, claiming the lives of its four crew — has been given a suspended sentence over the incident, as The Guardian reports.

Douglas Innes of Stormforce Coaching Ltd was convicted last year of failing to ensure the safety of the vessel which was lost in the Atlantic in May 2014.

James Male, Andrew Bridge, Steve Warren and Paul Goslin were lost at sea after their yacht lost its keel amid poor weather around 700 miles off Nova Scotia while the four were returning to the UK from Antigua.

In sentencing, the judge said that cost-cutting at Innes’ business had contributed to the loss of the crew and their vessel, which had not been inspected and did not comply with licences.

Innes, 43, was acquitted at retrial of the manslaughter of the four men

The Guardian has more on the story HERE.

Published in Offshore
Tagged under

A pub row over Olympic sailing and Irish medallist Annalise Murphy ended with a baseball bat attack and a narrowly avoided jail sentence.

As Independent.ie reports, Dublin Circuit Criminal Court heard that Patrick O’Reilly struck Frank Shannon with the weapon after he was jeered for his support of “minority sports” at Tallaght’s Kiltipper Inn on 6 August 2016.

Defending barrister Gaby Dean BL told the court that her client “saw red” at the ridicule and left the pub to retrieve the bat, which which he assaulted Shannon.

Independent.ie has more on the story HERE.

Published in Olympic
Tagged under

#FishKill - Irish Water pleaded guilty to the discharge of deleterious matter to the River Vartry one year ago, at a sitting of Bray District Court this past Tuesday (20 February).

The offence related to the accidental discharge of lime from their water treatment facility at Roundwood, Co Wicklow.

Roisin O’Callaghan, fisheries environmental officer with Inland Fisheries Ireland (IFI), told Judge Kennedy that, on 21 February 2017, IFI received a call that there had been an accidental spill of lime at the water treatment plant.

On investigation, O’Callaghan confirmed that the spill had resulted in a fish kill for approximately 500 metres downstream from the discharge.

A series of water samples were taken and analysis confirmed that the lime spill had altered the pH in the receiving water, resulting in the death of approximately 100 fish.

Irish Water co-operated fully with IFI’s investigation and initiated an immediate clean-up of the site.

Eoghan Cole BL, representing Irish Water, stated that following the clean-up, the Environmental Protection Agency had completed a dye survey on the drainage network to confirm that only clean surface water was discharging to the River Vartry.

Judge Kennedy commented on the significance of the River Vartry in supporting Atlantic salmon, sea trout, brown trout and lamprey.

Irish Water were fined €500 with costs and expenses amounting to €6,937.65.

Published in Inland Waterways

#Training - A marine notice issued earlier this year on accreditation for seafarers qualifications has “no legal basis” and must be quashed, says the High Court.

According to The Irish Times, the court has also directed Transport Minister Shane Ross to recognise British-accredited seafarer training provided in Ireland.

The judgement detailed that the Marine Survey Office was in breach of several EU regulations in failing to approve sea survival refresher courses provided by the likes of Cork Harbour’s National Maritime College of Ireland, which are accredited by Britain’s Maritime and Coastguard Agency.

In addition, the European Commission has given Ireland two months to comply with EU law regarding the mutual recognition of qualifications for seafarers.

The Irish Times has more on the story HERE.

Published in Ports & Shipping
Tagged under

#LoughErne - BelfastLive reports that a man has been charged with the murder of a woman whose body was found in Lough Erne earlier this year.

Lu Na McKinney was recovered from the water by emergency services in the early hours of Thursday 13 April.

As previously reported on Afloat.ie, the 35-year-old mother of two from Donegal was believed to have slipped from the deck of a boat while checking it was tied to the jetty.

Yesterday a PSNI spokesperson confirmed that a 41-year-old man had been charged with her murder and was due before Omagh Magistrates’ Court this morning (Tuesday 5 December).

The man is also charged with possession of a Class C controlled drug, a classification which includes a number of tranquilisers.

Published in News Update

#Shipping - The captain of a cargo ship that ran aground on Rathlin Island last week has been fined £1,000 over his negligence at the helm, as the Belfast Telegraph reports.

The MV Ruyter, which was en route from Russia via Denmark and Scotland, sustained extensive damage to the front of its hull after running aground on the north side of Rathlin Island on the night of Tuesday 10 October.

However the damage was not noted till the vessel arrived at Warrenpoint in Carlingford Lough the following afternoon.

At a sitting of Armagh Court, Judge Paul Copeland found that Aleksandr Iakovotsov had broken international shipping codes over failure to keep a lookout to judge risk of collision, and a separate charge of failing to provide sufficient lookout “during the hours of darkness”.

The Belfast Telegraph has more on the story HERE.

Published in Ports & Shipping
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Dublin Bay 21s

An exciting new project to breathe life into six defunct 120-year-old Irish yachts that happen to be the oldest intact one-design keelboat class in the world has captured the imagination of sailors at Ireland's biggest sailing centre. The birthplace of the original Dublin Bay 21 class is getting ready to welcome home the six restored craft after 40 years thanks to an ambitious boat building project was completed on the Shannon Estuary that saved them from completely rotting away.

Dublin Bay 21 FAQs

The Dublin Bay 21 is a vintage one-design wooden yacht designed for sailing in Dublin Bay.

Seven were built between 1903 and 1906.

As of 2020, the yachts are 117 years old.

Alfred Mylne designed the seven yachts.

The total voting population in the Republic's inhabited islands is just over 2,600 people, according to the Department of Housing.

Dublin Bay Sailing Club (DBSC) commissioned the boat to encourage inexpensive one-design racing to recognise the success of the Water Wag one-design dinghy of 1887 and the Colleen keelboat class of 1897.

Estelle built by Hollwey, 1903; Garavogue built by Kelly, 1903; Innisfallen built by Hollwey, 1903.; Maureen built by Hollwey, 1903.; Oola built by Kelly, 1905; Naneen built by Clancy, 1905.

Overall length- 32'-6', Beam- 7'-6", Keel lead- 2 tons Sail area - 600sq.ft

The first race took place on 19 June 1903 in Dublin Bay.

They may be the oldest intact class of racing keelboat yacht in the world. Sailing together in a fleet, they are one of the loveliest sights to be seen on any sailing waters in the world, according to many Dublin Bay aficionados.

In 1964, some of the owners thought that the boats were outdated, and needed a new breath of fresh air. After extensive discussions between all the owners, the gaff rig and timber mast was abandoned in favour of a more fashionable Bermudan rig with an aluminium mast. Unfortunately, this rig put previously unseen loads on the hulls, resulting in some permanent damage.

The fleet was taken out of the water in 1986 after Hurricane Charlie ruined active Dublin Bay 21 fleet racing in August of that year. Two 21s sank in the storm, suffering the same fate as their sister ship Estelle four years earlier. The class then became defunct. In 1988, master shipwright Jack Tyrrell of Arklow inspected the fleet and considered the state of the hulls as vulnerable, describing them as 'still restorable even if some would need a virtual rebuild'. The fleet then lay rotting in a farmyard in Arklow until 2019 and the pioneering project of Dun Laoghaire sailors Fionan De Barra and Hal Sisk who decided to bring them back to their former glory.

Hurricane Charlie finally ruined active Dublin Bay 21 fleet racing in August 1986. Two 21s sank in the storm, suffering the same fate as a sister ship four years earlier; Estelle sank twice, once on her moorings and once in a near-tragic downwind capsize. Despite their collective salvage from the sea bed, the class decided the ancient boats should not be allowed suffer anymore. To avoid further deterioration and risk to the rare craft all seven 21s were put into storage in 1989 under the direction of the naval architect Jack Tyrrell at his yard in Arklow.

While two of the fleet, Garavogue and Geraldine sailed to their current home, the other five, in various states of disrepair, were carried the 50-odd miles to Arklow by road.

To revive the legendary Dublin Bay 21 class, the famous Mylne design of 1902-03. Hal Sisk and Fionan de Barra are developing ideas to retain the class's spirit while making the boats more appropriate to today's needs in Dun Laoghaire harbour, with its many other rival sailing attractions. The Dublin Bay 21-foot class's fate represents far more than the loss of a single class; it is bad news for the Bay's yachting heritage at large. Although Dún Laoghaire turned a blind eye to the plight of the oldest intact one-design keelboat fleet in the world for 30 years or more they are now fully restored.

The Dublin Bay 21 Restoration team includes Steve Morris, James Madigan, Hal Sisk, Fionan de Barra, Fintan Ryan and Dan Mill.

Retaining the pure Mylne-designed hull was essential, but the project has new laminated cold-moulded hulls which are being built inverted but will, when finished and upright, be fitted on the original ballast keels, thereby maintaining the boat’s continuity of existence, the presence of the true spirit of the ship.

It will be a gunter-rigged sloop. It was decided a simpler yet clearly vintage rig was needed for the time-constrained sailors of the 21st Century. So, far from bringing the original and almost-mythical gaff cutter rig with jackyard topsail back to life above a traditionally-constructed hull, the project is content to have an attractive gunter-rigged sloop – “American gaff” some would call it.

The first DB 21 to get the treatment was Naneen, originally built in 1905 by Clancy of Dun Laoghaire for T. Cosby Burrowes, a serial boat owner from Cavan.

On Dublin Bay. Dublin Bay Sailing Club granted a racing start for 2020 Tuesday evening racing starting in 2020, but it was deferred due to COVID-19.
Initially, two Dublin Bay 21s will race then three as the boat building project based in Kilrush on the Shannon Estuary completes the six-boat project.
The restored boats will be welcomed back to the Bay in a special DBSC gun salute from committee boat Mac Lir at the start of the season.
In a recollection for Afloat, well known Dun Laoghaire one-design sailor Roger Bannon said: "They were complete bitches of boats to sail, over-canvassed and fundamentally badly balanced. Their construction and design was also seriously flawed which meant that they constantly leaked and required endless expensive maintenance. They suffered from unbelievable lee helm which led to regular swamping's and indeed several sinkings.

©Afloat 2020