Month: March 2006

A LOCAL community has emerged victorious in its bid to secure the future of the church building.

At Sunday mass at St Mary’s Church on the grounds of the former Our Lady’s psychiatric hospital in Ennis, the congregation applauded as Joe Lillis said that a lease on the church was to be signed with developers for four years and nine months.

Fr Michael McNamara told mass goers, “I am sure that through the power of the people here and the strength of the community, that the lease will be extended when it expires. We are delighted with what has been achieved.”

The deal will also allow developers, Allen Flynn, Martin Fitzgibbon and Paul Talty to commence work on the €20 million hotel, proposed for Our Lady’s.

Over the past 15 months, uncertainty surrounded the future use of the church, following the €5.2 million sale by Clare County Council of the 19th century psychiatric hospital.

The church, built in 1939 to serve the hospital community and the wider Doora-Barefield parish, is located on the grounds of the former hospital. Last year, Duesbury Ltd secured plans for a €20 million, 90-bedroom hotel development on the 14-acre site, only for Cllr Brian Meaney (GP) to appeal the decision to An Bord Pleanala, due to his concerns over the future use of the Church.

Negotiations have been ongoing between the developers and the local community over the past number of months with a price tag of €1.3 million at one stage being put on the Church building.

Cllr Meaney has now withdrawn his appeal after the successful outcome of the negotiations.

He said yesterday, “I am happy for all concerned.

“It is a very positive move and I am satisfied that the best deal has been struck.”

Mr Lillis told massgoers on Sunday of the terms of the deal. He said that the lease would allow the use of the church on Sundays and holidays, together with other agreed times.

He said that the developers reserved the right in the interim period, to explore all other options for the church, while there would be parking facilities provided for Church-goers.

Mr Lillis said, “We believe that the committee formed to negotiate arrived at the best possible available deal.”

Mr Lillis paid tribute to the work of the committee, in particular, John Costelloe and Fr McNamara, and for solicitor, John Casey, who provided his services free of charge.

FARMERS living along the route of the proposed Crusheen-Gort bypass are set for a multi-million euro bonanza.

Galway County Council is preparing to compulsory purchase almost 500 acres of land across 103 farms along the route. Construction of the €150m road could start as early as next year.

Clare IFA chairman, Seamus Murphy, said they would be ensuring that its members get as good a price as possible for the land and the disturbance that the road would cause.

He said the IFA would expect that Galway County Council would adhere to the national agreement between the IFA and the Government on the levels of compensation available to landowners. The deal was struck in advance of CPO agreements being made by farmers on the route of the €190 million Ennis by-pass.

As a result of the CPO of 500 acres of land for the Ennis scheme, €22 million was paid to 67 landowners, making instant millionaires out of seven farmers.

The Crusheen-Gort scheme, which involves the construction of 22 km of new dual carriageway, will also involve the severance of 845 acres of farmland along the route.

The construction will see the destruction of two habitable houses and is expected to commence towards the end of next year. 2009 is identified as a possible completion date.

According to the Environmental Impact Statement, the new road will lead to a reduction in road injuries on the N18, where ten people died and 126 were injured in traffic accidents between 1989 and 2002.

The EIS states that 14,000 vehicles a day use the route between Crusheen and Gort and the route “fails to cope with the demand of motorists and residents frequently experiencing delays during periods of peak movement.”

The EIS states that a 50 per cent increase on current usage of the road is expected by 2024.

“The continued use of existing N18 by strategic traffic and large number of Heavy Good Vehicles is unsustainable”.

The EIS states that the new road will help reduce traffic on the existing N18 by 84 per cent, while there will be a 68 per cent decrease in traffic congestion in Gort.

Those wishing to object to CPOs, or make observations on the EIS, can do so to An Bord Pleanala by April 10. It is expected that the Board will hold an oral hearing later this year.

AN 18-year-old man has appeared in court, facing charges arising out of the death of a young Ennis woman in a road accident last year.

Aidan Quilligan, of Cloughoolia, Sixmilebridge, is charged with dangerous driving causing the death of Charelle Howard, at Shanaway Road, Ennis, on July 16, 2005.

Mr Quilligan is also accused of carrying passengers, the number of which exceeded the passenger accomodation of the car.

17-year-old Ms Howard, an only child from Watery Road, Ennis, was a back seat passenger in a Volkswagen Polo car when it was involved in the single vehicle accident.

Inspector Michael Gallagher told Ennis District Court last Friday that the “unfortunate” accident happened at 12.30am, at a time when road conditions were good.

He said the accused was driving the three-door car in which six others were travelling, all of whom were aged 17 or 18. The group was coming from a birthday party, travelling towards Ennis.

“He lost control of the car, hit a kerb and overturned a number of times. A number of the others were injured. The defendant escaped injury,” said Inspector Gallagher.

He said it is alleged that Mr Quilligan was driving “okay” after leaving the house party, and increased speed after a friend’s car overtook him.

“Inexperience caused him to lose control,” said the Inspector. Relating to the speed, he added, “Whether that could be proved is another matter. A lot of that could be speculation, to be fair to the defence; up to that point he was driving slowly.”

He said there was no question of any racing, adding that the car the accused was driving was “overloaded”.

Inspector Gallagher said the accused was a “fine young man, of good character, who has never come to the attention of the gardaí before. He comes from a highly respected family.”

Judge Joseph Mangan was told that the DPP would consent to a summary disposal of the case in the District Court on a guilty plea.

Defending solicitor Rachel Dobson said there was a guilty plea. After hearing the facts, the judge said he would accept jurisdiction.

Ms Dobson requested an adjournment, for preparation of the relevant reports on the matter. The accused will appear again in court in June.

Charelle’s mother was in court while solicitor Tara Godfrey said she was holding a watching brief.

A UNION has claimed that 66 Polish contracted workers at Moneypoint power station have been paid well below the minimum wage.

The ESB confirmed that an internal audit had shown up a problem with workers’s sub-contractor, ZRE Zatowice.

At a news conference, the union said the workers received €5.20 per hour. The welders and fitters were working on the €200m retrofit operation underway at Moneypoint.

A spokesman for the ESB has said an internal audit by the company on wages had shown irregularities.

“This ESB investigation concluded with the signing of a memorandum of understanding involving this subcontractor and the relevant main contractor, following an acknowledgement that there had been breaches of agreed wage rates,” he said.

“This Memorandum of Understanding commits the contractor to rectifying this situation. Implementation of the terms of the Memorandum will be subject to an extensive audit, scheduled to take place before the end of March, he said.”

At all stages, the union TEEU was involved.

Kilrush County Councillor Madeleine Taylor Quinn (FG) has said that it was not sufficient to have an auditing committee set up between contracting parties.

“The onus is on the Department of Enterprise Trade and Employment to have an active inspectorate in place that circulate regularly throughout the country to ensure this form of employment does not occur,” she said.

“It is completely unacceptable that any worker would be exploited in Ireland.

“The state needs to be more vigilant,” she added.

Cllr Brian Meaney (GP) is requesting that legal action commence against companies operating not complying with basic of Irish labour legislation of paying the minimum wage.

“A blind eye has been turned to the alleged breaches of Irish labour legislation occurring in Clare. This should not be accepted. The full weight of the law should be applied as Irish subcontract companies are losing out and Irish workers are being displaced.”

The clean-up currently underway at Moneypoint is necessary to allow the station operate past 2008 in order to comply with a licence granted by the Environmental Protection Agency (EPA), requiring that pollution levels be drastically cut at the station, which supplies one quarter of the State’s electricity.

KILRUSH said goodbye to its most senior citizen last week.

Just 24 days shy of her 104th birthday, Mai McMahon passed away in her home, having contracted the winter vomiting bug 25 hours earlier.

The mother of nine, grandmother of 27 and great-grandmother of 28, lived an active life right to the end, even though her walking had declined in the last year.

The secret to the long life of Kilrush’s oldest citizen included an annual visit to Knock up until the age of 100, taking a trip to America at the age of 99 and keeping an active interest in politics and current affairs.

Born Mai Googan in Tullycrine in 1902, she was the second oldest of nine children. She married Patrick McMahon in 1925 at the age of 23 and moved to Kilmurry McMahon. There she reared her nine children, eight of whom survived their long-living mother.

During her many decades in Kilmurry McMahon, Mai ran a small shop two doors down from the church while helping her husband run the family farm.

The hard-working West Clare woman buried her husband, Patrick, 34 years ago, at the age of 72.

Just a few years later, she moved to Vandeleur Street in Kilrush to live with her daughter.

Living in Kilrush, Mai went to Mass every day and the devout woman made an annual trip to the shrine in Knock up to her centenary year.

A keen knitter and talented at crocheting, Mai also kept abreast of current affairs, reading the newspapers every day and keeping up to date with the news right up to the end of her 104 years.

The active pensioner baked bread until she was 100 years old, and is one of the few people ever to say they collected the old age pension with all of their children.

Mai’s son Martin died just over a year ago and she also buried one grandchild, Mary McMahon, in her lifetime.

While her family were expecting Mai to pass away, it still came as a shock to them in the end.

“It was a shock but not a surprise,” said her granddaughter Marian McMahon Jones.

Marian is a member of Kilrush Town Council, and this month’s meeting of the council was postponed as a mark of respect to Kilrush’s eldest citizen.

SOURCES close to Fianna Fáil believe that the Clare General Election convention will follow a process whereby only one of three places on the ticket will be up for contest.

Through the “district convention”, Minister of State Tony Killeen would automatically be placed on the ticket as the only North Clare candidate for the party.

Senator Brendan Daly would also be automatically selected as the only representative for the Soldiers of Destiny in the West of the county.

This would leave the two remaining candidates to battle it out for the third place on the Fianna Fáil ticket in Clare.

A similar process was followed at the Longford West Meath Convention and the Cork North West convention.

The new date of the Clare convention, April 3, was announced this week.

Senator Timmy Dooley and Councillor Pat Hayes are both considered as East Clare candidates, despite Senator Dooley opening an Ennis constituency office last month.

Cllr Hayes was the last of the four candidates to indicate his intention to run for the party in next year’s election.

The man for Maghera put forward his name last December, just weeks before the initial date for the county convention.

The announced retirement from politics after the next election of Minister of State, Síle de Valera, in November, meant Fianna Fáil headquarters had to rethink the date of the selection process in Clare.

According to Fianna Fáil sources in Dublin, a search to find a suitable replacement candidate from the Ennis area proved fruitless and the April 3 date was set.

A spokesperson for Fianna Fáil told The Clare People that while the form the convention would take would not be decided until nearer the convention date, the Fianna Fail rule book allowed for “district conventions” and it was not unusual to hold them. The convention will take place in the Auburn Lodge Hotel at 7.30pm.

Meanwhile, the Fine Gael selection convention is expected before the party’s Ard Fheis in May.

Five Fine Gael candidates were pre-selected for the contest last October.

Sitting Fine Gael TD, Pat Breen along with councillors Joe Carey, John Crowe, Tony Mulcahy and Madeleine Taylor-Quinn will be vying for a position on the blue team’s ticket in 2007.

Early indications from party sources suggest that the historical two candidates will be put on the balloting paper, one less than in 2002.

DISTRICT Court Judge Joseph Mangan has said he may refuse to sit in Ennistymon after September, because of the poor heat and bad acoustics of the building where the court normally sits.

The judge made the comments at this month’s district court, at the Teach Ceol premises (which is owned by Comhaltas), where it has sat for more than 10 years.

A spokesperson for the district court offices in Clare said the judge “couldn’t hear anything and he was frozen” during the March sitting.

“He will not sit in Ennistymon after the annual licensing court this year. He will do the September court, but not after that. The facilities are not suitable there,” added the spokesperson.

The spokesperson added that it was up to the Court Services, nationally, to find a suitable place to hold the monthly court sittings.

“Ennistymon is very important, as it is the main court area for north Clare and the people of the town like to see a court there,” added the spokesperson.

The Court Service will seek out a suitable building and failing that, the hearings could move to Ennis courthouse. Prior to sitting at Teach Ceol, the courts were held at the local credit union building and the community centre in the town.

One of north Clare’s most senior solicitors, Michael Petty, said the conditions were “not satisfactory. It is like Siberia up there.”

“It is a beautiful old building but is not suitable as a venue at all. The administration of justice is a serious business, but the Department of Justice can’t provide a suitable venue for us. I have been saying this for a long time, I agree with Judge Mangan and I am surprised he did not move before.

“We don’t want the court to be taken out of the town. Lisdoonvarna and Miltown Malbay are also both frightful. You can’t talk to your clients which is run-of-the-mill in the district court. That is not good enough,” said Mr Petty.

If an alternative venue is not found prior to October, the court may well have to move to Ennis, which means gardaí and legal practitioners will have to travel there for the hearings.

Ennistymon Superintendent Eamon Dolan said the regional manager from the Court Services had visited Ennistymon, with a view to finding an alternative venue.

“This is a matter for the Court Services. It will have to be looked at by them,” said Supt Dolan.

A KILKISHEN hurler and footballer was jailed for six months after being found with 240 ecstasy tablets in Ennis.

Kevin McMahon (25) of Plunkett Drive pleaded guilty to having the tablets when stopped by Garda Stephen Hession on July 8 last at Knox’s Lane.

His solicitor told Ennis District Court that McMahon was “not actively dealing.

He was offered an opportunity to earn some extra money by carrying these drugs for one person and delivering them to another and foolishly, he agreed to do it.”

The solicitor said his client was actively involved in soccer and hurling and he holds a full-time job as a roofer.

“He is someone who has roots in the community and is actively involved in his community.

“He has never been involved in anything like this before and deeply regrets having done this,” the solicitor said.

Inspector Tom Kennedy told Judge Joseph Mangan that the accused man had previous convictions for public order, but no previous convictions in relation to drugs.

Judge Mangan imposed a six month jail sentence on the Kilkishen man and set bail for an appeal at McMahon’s own bond of €3,000 with an independent surety of €3,000 and a cash lodgement of €3,000.

FRAUD leads to economic chaos if it is left unchecked, a judge said, as he warned a man who admitted several offences that he would face jail if he re-offended.

Judge Carroll Moran was speaking at Ennis Circuit Court, in the case of Patrick McNamara (29), from Miltown Malbay, who currently lives at Lisdeen, Kilkee. He pleaded guilty to several charges on various dates in 2004.

McNamara, described by his barrister as “a rogue who wants to retire” was warned he was facing a possible three year sentence if he failed to keep out of trouble.

The court was told he used cheques and a credit card belonging to another person at a number of premises in Ennis, Newmarket and Ennistymon.

Garda Brian O’Donnell said the accused took a chequebook from a guesthouse in Ennis.

He admitted writing cheques and wrote the name of the woman who owned the chequebook on them. He signed his own name on the back of them.

He cashed several of the cheques at two premises in Ennis while he also used the woman’s credit card without her consent.

The garda said the total amount taken from the woman’s credit card and cheque accounts was in excess of €16,000, most of which had been paid back to her by her bank.

“The majority of times he was paying off bills and debts for other people. He benefited very little himself,” said the garda.

The accused paid back a loan for his brother and got new tyres fitted onto a friend’s car.

Gda Michael Burke said the accused obtained goods valued at €3,429 at a Newmarket-on-Fergus business, using his brother Brendan’s laser card, in July 2004.

He also used the laser card on four occasions in a business in Ennistymon in October 2004 and the transactions amounted to almost €500 in total.

The accused said the card had been given to him by his brother but his brother disputed this.

The court was told the accused had several previous convictions for a number of offences, including for false pretences and deception.

Defence Counsel Mark Nicholas said his client was a “black sheep, lonely character” has been ostracised from his family. He lived in squalor and never intended to take from individuals.

Judge Moran adjourned the case until July.

“I am thinking of a sentence of three years. Let’s see what happens in the meantime,” he said.

An O’Callaghan’s Mills widow is fighting off attempts by her sister-inlaw to have her evicted from family lands.

In a case to be heard at Ennis Circuit Court, Marie O’Halloran of Liscullaun, O’Callaghan’s Mills is to fight off a bid by Margaret-Josephine Barry (71) to have her lands at Liscullaun, O’Callaghan’s Mills.

The case was briefly heard before Judge Carroll Moran last week at Ennis Circuit Court.

The dispute arose after Mrs Barry, administrator of the estate of bachelor, Michael O’Halloran, sought possession of 65 acres of land and Marie O’Halloran’s departure, to allow the lands at O’Callaghan’s Mills and Tulla to be sold.

In an affidavit, Mrs Barry, of Bansha, Co. Tipperary, stated that her brother, Michael O’Halloran (64) died in April 2004 without making a will and as a result, his estate would be divided equally between herself, Michael’s other sister, Eda Rohan and the estate of Stanley O’Halloran.

Stanley O’Halloran (68) died in September 2004, survived by Marie O’Halloran who resides at the Liscullaun farm.

Mrs Barry believes that the best price will be achieved for the lands if they are vacant at the time of sale. She stated that she had been advised by her auctioneer that the continuing presence of the animals on the land was causing the land damage.

Mrs Barry said that there was simply no reason why Mrs O’Halloran should not vacate the land and was remaining there deliberately as a trespasser.

In a response affidavit, Mrs O’Halloran said that Mrs Barry’s claim was “erroneous” and did not take into account circumstances.

Instead, she has claimed, Michael and Stanley O’Halloran farmed the family farm – split into two units – very much as a team.

However, due to personal difficulties that Michael was encountering, around 1978, he agreed that he would sell his farm for £65,000 and the money would be paid by Stanley on a phased basis.

“Throughout the 1980s, numerous payments were made by Stanley to Michael in various large and small amounts and a number of large cheque amounts that I am presently in the process of seeking verification.

“Furthermore, both Stanley and myself helped Michael on a day-today basis, feeding him, doing his laundry and carrying out other personalised services in order to assist him and keep him out of institutionalised care,” the affidavit states.

Arising from drink-related problems, by the mid to late 1980s, Michael was incapable of running his own affairs and Stanley took over completely the running of both farms on his own.

Mrs O’Halloran said that Mrs Barry was seeking to sell the lands “completely contrary to our wishes and without any thought whatsoever to what occurred between the brothers and the deal that was done between them.”

After hearing a brief outline of the case, Judge Moran said that he would list the case at the first available date, allowing six weeks for discovery of documents.