THE FATHER of Co Mayo student nurse Mary Linnane, who died in a fall from an apartment balcony in Kusadasi, Turkey, last month, is to ask the High Court to direct Budget Travel Ltd to preserve and allow inspection of the window and balcony.
Robert Beatty, counsel for Martin Linnane, told Ms Justice Mary Irvine the travel company had claimed it was unable to give an undertaking to preserve the scene of the accident because it had no proprietary interest in the hotel.
Ms Linnane (20), daughter of former Galway senior intercounty hurler Martin and his wife, Kathleen, from Derrycorrib, Glencastle, Belmullet, Co Mayo, died in the early hours of July 22th after suffering a fatal fall at an apartment complex in Kusadasi.
Ms Linnane, a student nurse at Dublin City University, had travelled to the popular resort, only two days before her fall, with 11 friends from the Erris area. It was her first holiday abroad.
Mr Beatty told the High Court yesterday that Aoife O'Neill, of Fitzpatrick Gallagher McEvoy Solicitors, had written to Budget Travel, its insurers AON, the apartment complex owner Vahap Donertas and his insurance broker, Mihrac Turkoz, seeking undertakings to preserve the scene.
He said Ms O'Neill in an affidavit said AON had confirmed it was handling the matter on behalf of Budget Travel Ltd but was unable to comment on liability and was not in a position to facilitate an inspection.
Ms O'Neill had received a letter on August 6th from Gore Grimes Solicitors stating Budget Travel was not in a position to give an undertaking regarding preservation of the accident scene as it did not own the accommodation.
Gore Grimes had provided contact details of the owner of the apartment complex in Kusadasi and his insurers. They stated that the accident was still under investigation by the Public Prosecution Office in Turkey.
Mr Beatty told Ms Justice Irvine that Mr Linnane's solicitors were concerned the external window apparatus and the balcony would not be preserved for inspection by experts. The court granted Mr Linnane, who is representing the estate of his deceased daughter, short service of injunctive proceedings on Budget Travel.