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Tobertascáin death ruled accidental by inquest jury

This article is from page 8 of the 2014-07-29 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 8 JPG

A VERDICT of accidental death has been returned at the inquest into the death of a Polish man in Ennis last year. The body of 38-year-old Thomas Nowakowski was found near a speed bump in Tobertascáin on May 15, 2013. The fast food worker had lived in Ireland with his wife for six years. The inquest into his death was opened at Clare County Coroner’s Court in Ennis in May.

A report from State Pathologist, Marie Cassidy found the cause of death was crush injuries to chest and pelvis consistent with a crush under the weight of a car. Acute alcohol intoxication was given as a contributory factor. The inquest resumed yesterday and heard from Henryk Orzeih, a friend of Mr Nowakowski and his wife, Patrycja.

Mr Orzeih said he knew the couple from when they worked in the Old Ground Hotel in Ennis. In his deposition, he said he drove Patrycja to Dublin Airport on the day of the accident as she was flying home to Poland for a holiday.

He said Mr Nowakowski called to his house later that night in a drunken state. The inquest heard the friends sat for three hours drinking coffee before Mr Orzeih drove his friend back to his house at Tober Beag, Toberteascáin, Ennis. He said the last time he saw Mr Nowakowski alive was when he exited from the rear of the car in an agitated state. The inquest heard that Ennis man Kevin Brennan was driving from Toberteascáin towards St Michael’s when he saw Mr Nowakowski lying just off the side of a speed bump.

Mr Brennan said he stopped the car and performed chest compressions on the man who was unresponsive. He said he flagged down a passing car for assistance. The emergency services were called and were soon on the scene.

Sgt Sandra Heelan told the inquest she attended the scene and carried out an investigation into the incident.

A mother of 10, Shirley Doherty, with an address at Tara Lawns, Belcamp, Coolock, Dublin, subsequently came forward admitted she was the driver of a grey Vauxhall Zafira that struck Mr Nowakowski on the night.

The 37 year old was prosecuted in the District Court where she pleaded guilty to being the driver a vehicle that was involved in the occurrence of an injury to one Tomas Nowakowski and failing to give on demand the appropriate information as required. She further admitted failing to stop her car on the night in questions. She received fines totalling € 1,000.

Sgt Heelan was cross examined on her evidence by counsel for the deceased’s wife, Lorcan Connolly BL.

Counsel questioned Sgt Heelan on the position of the body relative to the location of his nearby home. He said Mr Nowakowski was found lying on the side of the opposite to where he lived.

Mr Connolly said there is “internal conflict” in the movements of the deceased between the time he was dropped off by Mr Orzeih and Mr Brennan’s arrival on the scene.

Brendan Condon, Garda PSV Inspector, carried out an inspection of the car. He said the brakes, lights and tyres were not in good overall condition. There was also a defect with the front wipers while signs of other collisions were also visible.

However he said the condition of the brakes was not a significant factor in this incident.

Clare County Coroner Isobel O’Dea suggested to the jury that they return a verdict of accidental death or death by misadventure. After deliberating for three minutes, the jury returned a verdict of accidental death.

Ms O’Dea, the forewoman of the jury and Inspector John O’Sullivan all extended their sympathies to the deceased’s wife, Patrycja, who was present in court.

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