This article is from page 26 of the 2008-02-05 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 26 JPG
THE man, who is bringing a case to the High Court to ensure a right of way to Doughmore Beach remains open, has spoken out as to why he has under taken the mission.
Cree man James McNulty, was eranted permission by the Attorney General to take a case in respect of the public right of way to the beach from the Caherfeenick Road, last year.
‘For many years now I have been in- volved with the local efforts to ensure that public access to the public beach was maintained via the Caherfeenick Road resulting in a High Court case taken with the fiat of the Attorney General against Doonbeg Golf Club Limited to clarify once and for all whether or not an established public right of way exists between the end of the Caherfeenick Road L-61041
through Doonbeg golf course to the public beach at Doughmore Bay,” he ene
“My reason behind instructing my solicitor to take such a case are sim- ple. For far too long both Doonbeg Golf Club and Clare County Council have insisted that the only one who could make such a determination is the courts.
“After receiving the permission or fiat of the Attorney General proceed- ings are winding their way through the High Court system sine 2006, but I have now decided to speak out fol- lowing the comments made my Cllr Patrick Keane and Oliver Garry who recently suggested that they reached their decision on the basis that the recent extinguishment proposal was improving public access to Dough- more and that it was not interfering with matters currently before the High Court.”
Mr McNulty argued that he and his Wife were part of the original mem- bers of the Carrowmore/Caherteen- ick Right of Way action group.
“Although Doonbeg Golf Club has repeatedly (gone) on public record stating or suggesting that the golf club reached an “agreement” with this particular action group, neither my wife or I were party to any high court agreement with the golf club,” |aTemncy-H (6
A High Court Agreement exists however between five local people and Doonbeg Golf Club allowing them access to the beach through a “new” right of way that is also off the Caherfeenick road.
This allows the five named farmers (one since deceased) vehicle access to the beach from November to Feb- UCD aYs
Mr McNulty is not one of the five.
““T would like to say in relation to the
Attorney General High Court case that in 2000, I was offered and given my own private right of way across the golf course to the beach, by way of a letter from Doonbeg Golf Club in 2000. Unfortunately at the time I simply could not understand why lo- cal people and members of the public should have to give up something that they always had, used, and enjoyed over the years,” he said.
“Some years ago and out of pure frustration I instructed my Dublin solicitor to issue legal proceedings in the High Court to establish and ensure “forevermore” that public ac- cess to the public beach at Dough- more beach would be guaranteed by a High Court ruling to all members of the public I took this legal action at a personal financial cost to myself and my family, to ensure local people and members of the public could continue to access their public beach.”