This article is from page 50 of the 2006-07-04 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 50 JPG
A PRIVATE prosecution taken by the father of a young man who was killed in a road accident in west Clare over two years ago has been withdrawn.
The case, taken by Seán Cotter, of Henry Street, Kilrush, against the driver of the car in which his son Gary was travelling when the accident occurred, was withdrawn at Kilrush District Court last Wednesday.
Mr Cotter’s solicitor Eugene O’Kelly said the State had dealt with the prosecution in the case and “accordingly, I’m looking to withdraw, strike out that.”
In May, Mark O’Gorman (22), of Woodfield Drive, Kilrush, was found not guilty at Ennis Circuit Court of dangerous driving causing the death of 20-year-old Gary Cotter, at Moyasta, Kilrush, on April 11, 2004. He pleaded not guilty to the charge and was acquitted by a jury. Mr O’Gorman was driving a silver Ford Focus car from Kilkee to Kilrush when the accident occurred. Mr Cotter was a front seat passenger. The private prosecution taken by Mr Cotter was mentioned at Kilrush District Court last September, but was adjourned, until after the Circuit Court trial.
Meanwhile, an internal Garda enquiry is examining certain aspects of the initial Garda investigation into the death of the 20-year-old, after his parents raised grave concerns. Seán Cotter and his wife Mary say they are unhappy with the way the investigation was handled and say many questions remain unanswered. They complained to the Minister for Justice and an independent Garda investigation was subsequently established. A senior garda from outside the Clare Garda Division was appointed to carry out the enquiry.