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general meeting and these words were in his opinion,
incapable of being extended to cover the position as to
the majority required for removal beyond a period up
to the the next annual general meeting.
Stack and others v. McEnery and others; Supreme
Cou r t; unreported; 8 February 1974.]
Extradition Order deemed void—wrong venue.
In the High Court in Dublin Mr. Justice Pringle held
that an extradition order ma de by District Justice
O ' Donov an in Cork on November 7 last was made with-
out jurisdiction and was null and void.
T h e order had been made in respect of Brian
McDonald (36), of Newry Road, Dundalk, on foot of a
warrant charging him with obtaining £3,025 by false
pretences from the Ulster Bank, Bradbury Place, Belfast,
between J une 7 and July 8, 1971.
In his action he had claimed a declaration that the
provisions of Part I II of the Extradition Act, 1965,
were inconsistent with, and repugnant to the Constitu-
tion, and he had challenged the order on other grounds.
He was arrested by Detective Ga r da Michael Joseph
Scanlon in Cork on November 24 and remanded by a
Peace Commissioner until November 27, or until the
warrant from Northern Ireland, duly endorsed, was pro-
duced to the person having his custody, whichever
was the earlier. He was lodged in Limerick Prison.
On November 25, Detective Ga r da Scanlon went to
Limerick Prison with the warrant and the Governor of
the prison released Mr. McDona l d.
Mr. Justice Pringle said that Ga r da Scanlon had said
that he explained to Mr. McDonald the procedure
which would have to be gone through and told him
that he could if he wished, drive with him to Cork and
be arrested there (where he had arranged for someone
to go bail for him) and that Mr. McDona ld had agreed
to this.
Mr. McDonald had accompanied the Ga r da to Cork
and was arrested there. T h e Ga r da had said, however,
that if Mr. McDonald had not agreed to go with him
he would have arrested him in Limerick, so it was clear
that his movements were restricted.
Mr. Justice Pringle said that Mr. McDon a ld must be
deemed to have been arrested in Limerick and he should
thereupon have been brought before a justice of the
District Court for the Limerick District in accordance
with Section 45 (2).
Having regard to his decision as to the invalidity of
the order of November 27, said Mr. Justice Pringle, it
was not necessary for him to deal with any of the
othe matters argued before him, including the question
as to the constitutionality of Part I I I of the Act so f ar
as it applied to Northern Ireland.
[ The State, Brian McDona l d, v. Attorney General;
Pringle J.; unreported.]
50-year ban on drink driver who could not recall killing
woman.
A 24-year-old Co. Cork man was banned from driving
for 50 years and sentenced to 12 months' imprisonment
for what the judge described as the worst case in his
33 years' experience.
"A more grisly case was never disclosed to the Court,
in my opinion. It is the kind of conduct people are
calling out against—and it is the kind of conduct that
is going to stop," said Judge Neylon when Brendan
Kelly of Tullough, Cloyne, pleaded guilty to dangerous
driving, causing the death of Margaret Healy on Feb-
ruary 24 at Loughatalia, on the Midleton-Whitegate
road.
Cork Circuit Court was told of a chase by a Garda
car after Kelly—who was said to have been drinking—
had been seen to "narrowly miss" the gardai.
Ga r da J ohn Burke and Detective Ga r da Patrick
Mu r p hy turned their car and followed the defendant's
car, signalling it to stop several times. Eventually, they
passed out the car, but Kelly continued driving.
He was said to have veered towards a group of
women walking on their correct side, but at the last
moment pulled out, narrowly missing the woman on
the outride. T h e car then struck a parked car and an
oncoming motorcyclist—the deceased, Margaret Healy-
After the impact, the car continued to push the
motorcycle in front of it and came to a halt after
hitting a ditch, the court heard.
Kelly was, in Ga r da opinion, under the influence of
drink. While being taken away in a patrol car he did
not remember anything about the accident and burst
into laughter several times.
Ga r da Inspector Maurice Mu r r ay of Midleton, said
Kelly had been charged with dangerous driving in 1967
and convicted of a lesser charge of careless driving.
Denis Bernard told the court he had been driving
the car earlier in the day when going to a funeral»
accompanied by Kelly. Th ey drank in several public
houses and he asked Kelly to drive him home. He
dozed off in the car and knew nothing about the
accident.
Accused said in evidence he was used to driving 3
motorcycle, or a tractor. On the day of the funeral he
drank whiskey and beer, but had no idea he would be
driving later. Denis Bernard had said he was tired and
asked him to drive him home.
At the time, said Kelly, he did not realise he was not
fit to drive and had no recollection of wh at happened
after that.
When the Gardai stopped him he had no idea he
had killed somebody and he had not driven a car since.
Said Judge Neylon : "It is appalling, and that is the
only way to describe it. A man drives a car and he
cannot remember driving and, even when driving does
not remember what he was doing because he was
drunk."
Th e re was no excuse for a man coming out of a
pub and driving when he knew he was not capable of
driving, no matter who suggested or invited him to
drive, added the Judge.
T h e only fortunate feature of the case was that more
people had not been killed, the man was a menace to
his fellow citizens and should never be allowed to drive
a mechanically-propelled vehicle again.
[People (Attorney General) v. Kelly; Cork Circuit
Court (Judge Neylon); unreported; 3 November 1973.]
Loophole found in Fishery Law—French
skipper
cleared.
T h e High Court in Dublin found a loophole in the
Fisheries (Consolidation) Act, 1959, relating to fishing
inside the territorial waters of the State.
As a result of the decision of Mr. Justice Gannon, the
skipper of the French trawler, Caprice Flow, had
quashed the conviction and £ 1 00 fine against him
under Section 221 of the Fisheries (Consolidation) Act,
1959, of fishing inside the territorial waters of the State,
58