A funfair owner and operator found guilty of the unlawful killing of a young Tipperary woman was given a three-year suspended sentence at Nenagh Circuit Court yesterday on the undertaking that he enter into a £1,000 bond to be of good behaviour for 10 years.
Sentencing Declan Cullagh (30), Garryard, Silvermines, Co Tipperary, Judge Pat McCartan said it would be an understanding of the bond that if he continued in the funfair business he would learn the trade and understand its implications.
Cullagh had pleaded not guilty to the charge of unlawfully killing Marese Egan (25) at the fairground, Fairgreen, Shesh eraghmore, Borrisokane, on August 4th, 1996. She died as a result of a fractured skull she received when the seat of a "chairoplane" she had been riding snapped, throwing her and her young daughter to the ground.
Judge McCartan noted the "remarkable" situation in which there were no proper standards or policing of fairgrounds in this State.
He agreed totally with the jury's guilty verdict which had taken just over two hours to reach.
The fatal accident had occurred as a result of "gross negligence" on the accused's part. However, he was satisfied that Cullagh bought the machine not fully realising its potential danger.
Extending his deepest sympathy to the members of the victim's family, some of whom were in court, the judge said he was most impressed by the charity and depth of forgiveness shown by them. Addressing Cullagh, he said he did not believe he was a trickster or dishonest man, but one who tried hard to provide for his family.
Earlier in the day, Cullagh outlined how he carried out extensive repair work on the ill-fated chairoplane over a period of months after he bought it. He was satisfied that there was no apparent defect in it. Mr Brendan Grogan SC, for the defence, submitted that the imposition of a jail sentence would not be of any benefit to either the accused or the community. The agony Cullagh had suffered since the accident was sufficient punishment. Judge McCartan described the case as unique in the history of the State. Never before had there been a prosecution brought for manslaughter based on criminal negligence.