The mother of Aoife Winterlich, who died after she was swept into sea off Hook Head, Co Wexford during a scouting trip more than eight years ago, has settled her legal action against Scouting Ireland.
The 14-year-old, from Walkinstown, Dublin, died in hospital four days after being pulled into the sea by strong waves on December 6th, 2015, when scout leaders made an “ad hoc” decision to stop at Hook Head lighthouse during Storm Desmond.
Standing outside the Four Courts on Wednesday, Anne Winterlich strongly criticised the scouting organisation for not accepting liability for the tragedy for more than eight years.
“We have been trying for eight years to get Scouting Ireland to be held accountable. And finally, after all this time, they now admit full liability,” she said, flanked by her adult sons Martin, Jack and Craig.
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“The heartbreak caused by Scouting Ireland’s negligence, cannot be overstated. Their failures in duty of care have had devastating consequences. Accountability is required to ensure such tragedies are prevented in the future.”
A sitting of Dublin Civil Circuit Court heard that Scouting Ireland accepted liability for the young girl’s death this week. The case taken by Ms Winterlich was settled for a sum of more than €54,000, the court heard.
Judge Christopher Callan said Aoife’s death was “an unbelievable tragedy” for the Winterlich family and that Scouting Ireland, which often acted as a “great organisation” for many children, “fell short” in not accepting liability for it sooner.
Finbarr Fox, for Ms Winterlich, instructed by solicitor Eimear Lyons, told the court Aoife died following the “ad hoc” decision by scout leaders to make an unscheduled stop at Hook Head during a group excursion.
The group of teenagers were allowed to “run around the place” without guidance or instruction, Mr Fox told the court, and some of the scouts – including Aoife – made their way to the shoreline.
A “ghastly tragedy” then unfolded, he said, when Aoife was swept out to sea. He noted that it was “remarkable” that only one child was lost in the waves that day.
Mr Fox strongly criticised Scouting Ireland for maintaining a full defence of the incident until this week, stating that it was “difficult to fathom” why it took eight years for the organisation to accept liability. He said the case, and how it transpired over a protracted period, had been “extremely distressful” for the family.
Judge Callan noted that the case was “an unbelievable tragedy” for the Winterlich family, one that was compounded by the death of Aoife’s father some time after.
The judge said he hoped the settlement would bring closure for the Winterlich family, but he noted that the Aoife’s death will likely “never leave them” and was a “huge burden” for them to carry.
Speaking to reporters outside the Four Courts, Ms Winterlich said it was hard to live with the fact that her daughter’s death was “completely preventable”. She said Aoife’s bright future was “snatched away” by a decision made by Scouting Ireland in December 2015 and that she was “disgusted” that the organisation took so long to accept liability.
“I gave consent for Aoife to travel with her scout group to a hostel in Waterford. On the way back the scout leaders made an unscheduled stop at Hook Head in Wexford, without parental consent. This was during Storm Desmond, which brought severe gales and gusts of 80mph,” she said.
“The children were left unsupervised for a significant period leading to my precious daughter being swept into the sea by the turbulent waves. Hook Head is not a place to leave a group of 14-year-olds unattended during a storm.
“When such negligence was involved, we find it unacceptable that no mantadory investigation (took place) into the events leading up to Aoife being swept into the water,” Ms Winterlich added.
She described her daughter as “kind, caring and full of life”. Aoife’s warm smile and infectious laugh “brought joy to those around her”, she said. “She was an incredible daughter, a wonderful sister, and an amazing friend. Someone who could make you smile no matter what.”
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