Month: March 2006

A 19-year old Ennis man with 30 previous convictions is using his time in jail to try to clean up his act, a court heard.

Mark McCarthy of Millbrook House in Ennis pleaded guilty before Ennis District Court to stealing bottles of spirits worth a total of €110 from Knox’s bar on July 18 and 19 last.

The defendant’s solicitors, Ms Tara Godfrey, told Judge Mangan that McCarthy has had a serious drink problem since he was 15 years old.

When he stole the drink “he was on a binge drinking spree”, Ms Godfrey said.

But she added that he is currently serving a twelve-month jail sentence “and he is committed to using that time to wipe his slate clean.

“He is seeing a psychiatrist and he is using this time to get free of his addictions and get his health and his life back,” said Ms Godfrey.

The court heard that the stolen drinks were not recovered.

Judge Mangan sentenced McCarthy to a further two months in jail for the offences.

THE MAYOR of Shannon has warned that the economic boost expected from the decentralisation of 300 civil servants to the town may never materialise.

Fine Gael councillor, Tony Mulcahy, was commenting on recent revelations that there have been just 19 applications to move to Shannon out of 300 needed.

And business leaders are expressing concern that there has been no progress in getting Government workers to shift out of Dublin.

“If the Minister thought that thousands of civil servants were going to pack their bags and move just because that was what he wanted, then he needs to come out of the fog,” said Councillor Mulcahy.

“If this were to happen, as a local representative, of course I would welcome it,” he said.

“But as a businessman, I wouldn’t bet on it happening.

“I had grave doubts about this proposal from the start.”

Cllr Mulcahy said that Beau Walk Developments, the company behind the revamping of Shannon Town Centre “thought they had a whole unit let to Enterprise Ireland, but that was pulled out from under them.”

Chief Executive Officer of Shannon Chamber of Commerce, Triona McInerney said that local business people were beginning to wonder if they would ever reap the benefits that an injection of 300 new workers would bring to the area, with a population of 8,500.

Taking into account the civil servants families, it would mean an increase of more than 1,000 people in the region.

Should the move fall through, the CEO said, “I think there would be huge disappointment here from the business community and the community at large.

THE Environmental Protection Agency (EPA) has told Clare County Council that the issue of odour management at its Inagh landfill “is of serious concern to the agency.”

The statement from the agency follows a plea to them from a young mother living in close proximity to the landfill, who said she was ‘praying’ that they could do something to address the odours from the landfill.

In a letter to EPA inspector, Dr Michael Henry, Edel Harvey of Carrowkeel West, Inagh said on Saturday, January 21, “we were stunk out of it all morning.

“This is a situation that we just cannot tolerate any longer. Something has to be done immediately. I have to protect the lives and health of my family.

“I am hoping and praying that you could do something, anything to allay this terrible disgusting situation that we find ourselves in.”

Since Ms Harvey contacted the EPA, the agency has held an on-site meeting and an inspection of the facility with both visits dominated by the odour issue.

Arising from the EPA’s most recent site inspection, the agency stated by letter to the council that “whilst no significant odours from the facility were detected during the off-site odour assessment, significant odours were detected on-site and these were predominantly of a landfill gas nature.”

The EPA opted not to issue the council with a notification of noncompliance.

However, it stated that “it is essential that additional measures are taken to ensure compliance with the conditions of the license with respect to odour management.”

Last month’s inspection followed an on-site meeting between the council and the EPA at the end of January.

Commenting on the situation, the Council’s Director for the Environment, Ger Dollard said: “I am satisfied that the facility is being run to the highest standards.

“We are continuously trying new approaches to resolve whatever issues are brought to our notice and this practice will continue.

“I think the high level of resources being applied to dealing with issues results in a constant focus on operating all activities to the highest standard. At the end of the day it is a landfill and there has to be an acceptance that it is there and that a landfill by its nature does have an impact.

“I believe that such impact has been minimal arising from the extent of resources applied by the council to the ongoing operation of the facility”.

THE Urban and Village Renewal Schemes have brought confidence and viability to numerous communities across the county, according to Clare County Council.

The council this week released an update on its projects under the €2 million 2005 to 2006 scheme.

Six of the 13 projects are nearing completion. Work is to begin on three more shortly, with the remaining four described as “progressing” in 2006.

The enhancement of Knock Pier and park area, as well as the upgrading of the seaside amenity in Cappa, Kilrush is almost completed, according to council officials.

The enhancement of Shannon’s Corrib Drive and other parts of Drumgeely, the provisions of a playground and upgrading of the area around the community centre in Doolin, the development of an amenity scheme in Shannon Bank and the development of a river walk in O’Briensbridge, are also expected soon.

Work is about to commence on three key public sites in Clare. These are at Spanish Point, Allender’s Field in Kilkee and Clarecastle.

The UVR funding is also providing much needed improvements and environmental enhancement to the popular beach area of Spanish Point. In Clarecastle, a public park will be made out of a large area of unused land enclosed by the GAA ground, old and new housing, and the local primary school.

Throughout 2006, works will also be progressing in Kilfenora with the upgrading of the square. Environmental works to include landscaping, furniture and park upgrading will take place in Mountshannon. Environmental improvements in accordance with the community development plan, are scheduled for Tuamgraney. Shannon Town Roundabout will be upgraded with the incorporation of a newly commissioned sculpture.

THE jobs of 110 people working at the Whelan Group’s flagship operation outside Ennis could be under threat following Clare County Council’s restriction of a multi-million euro expansion of the operation to a ten-year lifespan.

Last month, the planning authority granted Whelan Limestone Quarries permission to expand its Fountain operation, but refused planning for two sectors of the plan and ordered that the permission expire after 10 years.

However, in a comprehensive appeal against 12 conditions contained in the planning permission, the Whelan Group has stated that the 10-year restriction “could jeopardize the longterm employment of 110 people that depend on this quarry for their livelihood.”

The Whelan Group had sought permission to extend the life of the quarry by 26 years.

In its appeal, the group states that the 10-year approval “represents only one third of the rock reserves for which planning was sought and this will represent a very short life span of the quarry.” The restrictive conditions “could also endanger the long-term availability of rock aggregates . . . and this may result in the development of other greenfield sites as quarry operations instead of expanding the lifespan of well established quarry that has been in operation since the 1950s.”

They have also raised concerns about the council’s requirement that a separate planning permission be sought for the upgrading to the quarry on the Lahinch Road.

The council gave the go-ahead for much of the plan last month in spite of strong local opposition.

A decision is expected on the appeal in August of this year.

A COMPANY director who had been convicted in court over a claim for a windscreen has had the conviction overturned on appeal, at Ennis Circuit Court.

Justin Wall (46), of Western Garages, Mill Road, Ennis, had been convicted and fined €1,250 at Ennis District Court last October, after he was convicted of claiming for a damaged windscreen without the consent of the customer in question. On that occasion, the court was told he instructed another person to process a motor insurance claim without the consent of the insured person.

Agnes O’Loughlin of Glencurragh, Ballyvaughan told the Circuit Court last week that she traded in her car at Western Garages early in 2004.

There was a tiny mark on the windscreen after a chip had hit it some time previously, but she said she never discussed this with the garage. She received a letter from FBD Insurances in April 2004, advising her that her claim had been dealt with. This surprised her as she hadn’t made a claim. When she saw a copy of the claim she knew it was not her signature and said she hadn’t given anybody permission to forge her signature.

The court heard FBD Insurances paid a total of €224.15 for the replacement.

Paddy Kelly of Ennis Windscreen and Exhaust Centre who fitted a new windscreen, told the court, “I filled up the form. I signed Agnes O’Loughlin’s signature.”

He said he was not instructed by Justin Wall at any stage to forge Mrs O’Loughlin’s signature and said he did it “solely out of convenience.”

Justin Wall told the court the car would not have passed the NCT as there was a stone mark on the windscreen.

He said the issue had been a “huge embarrassment” and “a slur on our reputation”.

Defence Counsel, Pat Quinn said Mr Wall had been in business for the past 25 years and has never come to the adverse attention of gardaí.

“He honestly believed he had the authorisation of Mrs O’Loughlin to do what he did. . . he may be many things but he is not a criminal,” said Mr Quinn.

Judge Carroll Moran said it was accepted that Mrs O’Loughlin’s evidence was truthful and said it was “unwise for parties to forge her signature.”

He said a jury would unquestionably acquit Mr Wall and he allowed the appeal.

FURTHER prosecutions against owners of licensed premises across Clare over fire safety issues are pending according to Clare County Council.

The Council’s Director for the Environment, Ger Dollard said he “very much welcomed” last week’s fine of €1,500 on Ennis hotel nightclub, The Queens, for breaching fire regulations.

At Ennis Circuit Court last Wednesday, The Queen’s Hotel pleaded guilty to failing on December 19, 2004 to ensure that doors, gates and other-like barriers to access escape routes were not secured in such a manner that they could be easily and immediately opened by persons in the place of assembly.

Judge Carroll Moran said, “The inability of the people to escape is a serious matter and it is only weeks after the anniversary of the Stardust tragedy and that puts into context the seriousness of this matter.”

Clare’s Chief Fire Officer, Adrian Kelly told the court that a joint team of five fire officers and eight gardaí carried out an inspection while a disco was taking place.

“The nightclub is normally a well-run establishment. We had received complaints of overcrowding, but we found very little,” he said.

Chief Kelly said that in 30 years of operating the business, The Queen’s Hotel had no previous convictions. A follow-up inspection on December 20 found that all locks were removed and the doors were opened, while by the following Wednesday, a new exit was in place that would make the premises much safer. Michael Collins BL, defending, said the doors were temporarily locked to prevent people accessing the hotel from the disco for a late drink.

“The company accepts that the doors shouldn’t have been locked.

Fining the defendants €1,500, Judge Moran said that he had to take into account the significant factors that the hotel acted quickly to address the matter and they had no previous convictions in over 30 years in the business.

After the court hearing, Hotel General Manager Maurice Walsh said that the doors were closed ten minutes in advance of when they should be by human error and they were not a main exit.

“The door in question was manned and operational until ten minutes before closing. The directors of the hotel have strict policies in relation to fire safety and have provided and continue to provide on-going fire safety training for all staff.

“Since this event, extra exits have been installed and all systems audited to ensure a similar occurrence will not take place. We continue on a regular basis to work with the Fire Officer to ensure all systems are within best code of practise for such venues,” Mr Walsh concluded.

OBJECTORS to the chosen site for a new bridge to span the River Shannon are to hold a public meeting to rally support for their stance.

John Young, chairman of the objectors group, recently wrote to all of those directly affected by the decision on the route of the bridge, inviting them to a meeting to discuss the issue.

With a turnout at a meeting last week of more than 60 local people, Mr Young said the group was “heartened by the level of interest and support. We are now planning to have a further, public meeting to let people know what is happening and to formulate a strategy of opposition.”

He stressed that the people involved with his group were “not anti having a new bridge across the Shannon. We are very pro having a bridge. But this is not the right location for it.”

The decision to site the new bridge at the historic Clarisford Palace in Killaloe and Roulagh Cross on the Ballina side was announced a few weeks ago. A second crossing, to be completed at a later date, is expected to be located just below O’Briensbridge.

The project will involve the demolition of at least one house and will cut across land close to St Anne’s Secondary School.

The route was decided on after the completion of a constraints study report on eight different locations by consultants, RPS MCOS.

Locals angered by the choice of route say it will be a danger to the heritage of the town and to 400 students who attend St Anne’s. They fear it will bring huge volumes of heavy traffic into the town. The objectors say that in routing the bridge in front of Clarisford, the council proposes going through land, which has been “consistently protected by an Bord Pleanála because of the heritage importance of the house”.

The group also believe that “not enough consideration has been given to the rate at which Killaloe is expanding and the extra amount of traffic that this will generate,” said Mr Young.

Local councillors from Clare, Tipperary and Limerick attended the meeting of affected residents in May’s Bar last week.

The next meeting will be an open, public one and will be held on Monday, March 20, at 8pm in the Kincora Hall Hotel in Killaloe. Anyone interested in the issue is welcome to attend, the chairman said.

A MAN found in possession of a stolen laptop, two brief cases and two driving licences told a court he had found them by accident and intended returning them to gardaí.

Thomas Halpin (36), of no fixed abode, was convicted of five charges of handling stolen property in Ennis in February. He had pleaded not guilty.

Principal of Ennis national school, Gary Stack, said a laptop had been stolen in a breakin to the school. A laptop was presented in court by investigating Garda Val McCormack and Mr Stack identified it as his.

Another witness, Donal Ó Loinsigh, said a briefcase containing GAA notes had been taken from his car, which was parked in the Tesco carpark, on February 9 last.

Gda McCormack told the court he found the items in the accused’s rucksack, on February 12 last.

“It was obvious the items were not belonging to him. They appeared to be stolen property,” said the garda.

Halpin was also convicted of a number of other charges including possession of a sharply pointed knife and criminal damage, on different dates.

Referring to the charges of handling stolen property, he told Ennis District Court, “I was afraid I’d be blamed for stealing them. I had full intentions of bringing them to the gardaí but I didn’t know how to go about it.”

Judge Joseph Mangan imposed a two year jail term, telling the Halpin’s solicitor Tara Godfrey, “He is not leaving me with a great deal of choice.”

CONTENTIOUS plans for a €50 million retail park on the outskirts of Ennis due to create 250 jobs when operational, have been given the go-ahead, in spite of opposition from An Taisce, independent retailers’ group RGDATA and local residents.

Ennis Town Council ruled in favour of the development on a 17-acre site, in close proximity to the St Flannan’s roundabout in Ennis.

According to the developer, Michael Lynch Ltd., 150 people will be employed during the construction phase.

It will comprise of a retail superstore, seven retail warehouse units and a garden centre.

A retail impact assessment lodged with the plan concluded that, “it will not adversely affect the viability and vitality of the existing Ennis town centre or the local economy.”

But as part of the 36 conditions attached to the planning permission, the council has ruled that no development can commence until An Bord Pleanala grants planning permission for a vehicular access to the development.

Residents of the Clare Road are appealing this decision to An Bord Pleanala. They are also set to appeal the granting of permission to the centre. A decision is due in August.

A spokesman for the local residents told The Clare People , “We are very disappointed with the decision and we feel that our concerns over the development, have been ignored by the Town Council. No concession was made to the residents concerns,” he said.

An Taisce has expressed “serious concerns with regard to the environmental sustainability of the proposal”.