Mr Garry Mulligan, from Dublin, who broke his neck in a freak swimming accident in Australia, spoke in court yesterday of the fun-filled hours he spent with his girlfriend just before his tragic accident.
Mr Mulligan, a former train-driver, is suing a number of local and government authorities in New South Wales for up to €2.7 million in damages and claims he struck an underwater sand bank in an area where there were signs that it was safe to swim.
"We chased and splashed each other in the shallow end of Coffs Creek. We kissed and cuddled for a while and threw seaweed at each other before sitting down in the water to cool off," a paralysed Mr Mulligan told the New South Wales Supreme Court sitting in Dublin.
The court is making legal history by sitting outside Australia. It is the first time a foreign court has sat in Ireland.
Mr Mulligan, of Dolphin Park, Donnycarney, Dublin, outlined the memory of his visit to Coffs Creek with his former girlfriend, Ms Jennifer Brady, during cross-examination by Mr Mark McCulloch QC, senior counsel for Coffs Harbour Borough Council.
Mr Mulligan told Mr Justice Anthony Whealy he did not see any signs indicating other than that it was safe to swim in the creek at the point where he suffered his accident.
He said that when taken to the Prince of Wales Hospital in Sydney he could not remember saying he had run into and had fallen in shallow water.
He denied having made similar statements to other doctors both in Australia and Ireland after he had been brought home.
He was aware that if he had run into the water and had fallen he would not be able to maintain his claim for damages any more.
Mr Mulligan said he was a strong swimmer and had experience of diving. Ms Brady was also a competent swimmer.
He told Mr McCulloch he had dived into the creek on six or seven occasions before his accident and agreed it would be correct to say he had been shallow diving from the same spot. He denied he had misjudged the depth of the water.
He said he had struck sand with his head and obviously did not expect to hit his head off the bottom. He denied he had dived more deeply on the occasion he had his accident.
"I thought I had taken enough care to make sure I didn't go near the bottom on any occasion," he said. "I cannot scientifically state to the court the exact depth of each dive."
Mr Mulligan's Irish solicitors, Frank Ward and Co, have spent the past three years building a damages case for him. In August Australian barristers opened the case at the New South Wales Supreme Court in Sydney. The Sydney continuation of the case will resume on September 30th.