AN order for the arrest of the Spanish fishing vessel, the Sea Horse, which collided with at Castletownbere trawler last Sunday, leading to the death of its' skipper, was granted at the Admiralty Court of the High Court in Dublin yesterday to the 81-year-old mother of the dead man.
The order means that the vessel against which an existing detention order on foot of a log book offence was due to expire at 3 p.m. today, cannot leave Bantry Harbour, where it has been at anchor since the collision. The order was executed formally last night by Customs and Excise officials.
The application for the order, was made before Mr Justice Barr, by a Bantry solicitor, Mr John Paul R. Hennessy, acting on behalf of Mrs Mary O'Driscoll, the mother of Mr Patrick O'Driscoll (42).
In the affidavit Mrs O'Driscoll, who did not appear, said the sinking of her son's trawler, the Exodus, occurred "by reason of the negligence and breach of duty of the owners of the Spanish-owned, British-registered vessel".
Mr Justice Barr granted the warrant for the arrest of the Sea Horse but said that he would give liberty to all parties to apply to the court.
Crew members of the Sea Horse were brought ashore at Bantry yesterday for questioning by Department of the Marine officials.
Examination of the vessel continues in an effort to establish how and why such a collision occurred in calm weather and good visibility.
Yesterday was the first occasion on which crew members came ashore. Feelings have been running particularly high along the south-west coast because the death of Mr O'Driscoll has highlighted the dangers faced by Irish wooden trawlers when they compete with the superior steel Spanish vessels.
Gardai were present when Department officials, led by Capt Christopher Davies, began their questioning at Bantry Town Hall.
It is expected that each of the 18-Strong crew will have given his version of events to Capt Davies by today. The Sea Horse, under the court detention order, was due to remain in Bantry until 3pm this afternoon, after which it could be released, but the High Court order has changed this. Garda divers examined the hull of the Sea Horse yesterday and this part of the investigation is almost complete.
Also yesterday, two Spanish vessels arrested by the LE Ciara for log book offences on Monday night in the Mizen/Fasnet area were ordered to be detained for 48 hours by Skibbereen District Court.
A post-mortem examination of the body of Mr O'Driscoll was carried out yesterday at Cork University Hospital by the State Pathologist, Dr John Harbison. The results are not expected to be known for some time.
The removal of the remains will take place this evening from the hospital to Castletownbere. The funeral will be after 2 p.m. Mass tomorrow in the fishing town. Mr O'Driscoll will be buried on Bere Island.