Month: March 2006

AN Ennistymon man accused of possessing equipment to manufacture smart cards to allow free access to payable satellite television channels will learn his fate next month.

Caoimhín Haren of Sunnyside Cottages, Lahinch Road, Ennistymon appeared at Lisdoonvarna District Court last week to face a charge under Section 9(1)(c) of the Broadcasting Act which prohibits the “interception of services.”

Sergeant Brian Howard gave evidence of going to the accused’s home on October 9th 2004 with a warrant to search the premises.

Gardaí found two digital decoder boxes on the floor in the hallway. Several items were seized including the decoder boxes, three laptop computers, a card reader/writer, a quantity of smart cards and receipt books.

Con Matthews and Sean O’Connor of satellite TV provider Chorus gave evidence of how it had come to their attention that Mr Haren possessed decoder equipment belonging to Chorus.

Mr O’Connor told the court that he made a statement to gardaí in June 2004.

Asked to explain why there was a four month delay between making his statement and the search warrant being executed, Mr O’Connor said that Chorus was continuing to conduct its own investigation of the matter.

In court, Mr Haren said he did not know where the two decoder boxes found at this home came from.

“They weren’t there at 7.30 on Friday night but were there at 8.00 on Saturday morning because that’s the time the guards came,” Mr Haren said.

The accused, who said he also repaired decoder boxes, claimed that the boxes must have been left outside the door and that his wife had brought them in.

Inspector Tom Kennedy dismissed this as “rubbish”. The accused was “using the story to circumnavigate the legislation.”

Mr Goucher BL also argued that Con Matthews, who was also at Mr Haren’s house during the Garda search, had no right to enter his client’s home and inspect equipment. Counsel also said and that there was no evidence that Mr Haren used the equipment to interfere with Chorus or its signal.

Judge Mangan adjourned a decision until next month.

THE heartbroken principal of Feakle National School has spoken of his efforts to maintain normality for his pupils, while at the same time acknowledging the tragedy which has rocked the school.

Ted Harrington and his five staff re-opened the 90-pupil school yesterday (Monday) morning, for the first time since Karl died on the premises last Tuesday evening.

A service of reflection and prayer, involving both parents and pupils of the school, marked the re-opening.

While Karl’s siblings were absent from their classes, the thoughts of everybody were with them.

“We are trying to come to terms with our tragedy, in our school community. Today has been a very important day for the pupils, students and parents. We have received a lot of help from the National Educational Psychological Service (NEPS),” he said.

Messages of support have also flooded in on the webpage of the Irish Primary Principals’ Network (IPPN), as a tribute to the child.

“We have never experienced anything like this before. The response nationwide has been phenomenal. We have received expressions of deepest sorrow from the four corners of the country,” he said.

“As a school community we are very grateful for all the support we have got from our own community, a community that is united in grief at the moment.

“We are trying to return to some kind of normality and we will handle it one day at a time.

“The minds and hearts of all of us are with Linda and Noel and the family at this stage,” he said.

Last Friday, Mr Harrington told mourners attending Mass of the Angels in Feakle that everybody was shocked by the tragic death of the smiling child, who captured the hearts of those who knew him.

“We are all shocked. We love you Karl. Our hearts are broken. We are suffering the heartbreak, the crushed heartbreak is there,” he said.

“Life changes in minutes and how we handle that change is important. We try and help each other by sticking together,” he said.

GARDAÍ investigating the death of four-year-old Karl Fox will decide whether they should interview the toddler’s little schoolfriends in the coming days.

The initial results of the post mortem examination carried out on the body of Karl showed he died due to asphyxiation. Chief Superintendent Liam Quinn, who is leading the investigation, stressed that gardaí did not, at any stage, treat the death as anything other than a shocking tragedy.

“We are investigating all aspects of the incident very thoroughly. It is based on the fact that a young person died in unusual circumstances and is not based on anything suspicious. We have to establish the full facts,” said Chief Supt Quinn.

“We will be interviewing all of the principals involved in the lead-up to the incident, the incident itself and in the aftermath,” he added.

Karl’s family have been interviewed and gardaí have outlined the details of the investigation to them. Mr Quinn said that gardaí would evaluate whether Karl’s 13 classmates and other schoolfriends could offer anything to the investigation.

“We will be led by the teachers in that regard,” he said.

Meanwhile, the Department of Education and Science has confirmed to The Clare People that it will not be carrying out any investigation into the tragic death. A spokesperson said the Garda would investigate the incident, while the department would provide support to the staff and children through the NEPS (National Educational Psychological Service) Programme.

Psychologists were sent to the school following the freak accident.

LITTLE Alanna Fox stands up on her seat. The two-year-old looks around her and smiles. She receives a cuddle from a relative. But Alanna is oblivious as to why she is in St. Mary’s Church, Feakle.

Alanna is surrounded by hundreds of people, who have turned out to mourn her four-year-old brother, Karl. While her parents Noel and Linda, her sister Claire and brothers Gavin and Philip mourn ‘playful’ Karl at the front of the church, little Alanna is cared for by relatives at the back of the church.

Karl’s little white coffin is placed to the front of the altar where Fr Michael Hogan is saying Mass of the Angels, in memory of a little boy who was taken from his family all too suddenly.

Mourners gaze at Karl’s smiling pose in the photograph which stands on his coffin and hear Fr Hogan speaking about the tragedy.

Fr Hogan speaks of Karl’s shortlived, but happy life. The sleepy village of Feakle became his home when his parents moved, under the Rural Resettlement programme, from Tallaght four years ago.

“All of us, gathered here in Feakle this March morning, have been brought together by young Karl. We too feel the pain and the darkness of your pain and intense grief,” he tells the Fox family.

“We are present here to acknowledge, honour and celebrate the short, but vibrant life of a young, smiling, adventurous, curious, loving and lovely boy, Karl Fox. Karl was a light who brought life and light to his parents, family and school friends. We are grateful to him for his warm, affectionate ways, his winning, trusting and mischievous smile which made him popular in and out of the school,” adds the priest.

“Karl loved life, loved cars, loved his tractor, his bike and his hurley and, dare I say, Karl loved his soothers! . . . He would ask questions of teachers and, even if the answers were not satisfactory, would continue to ask another question, or two, or three. He brought light and life wherever he was,” he adds.

Karl’s siblings play their role in the special mass. His sister Claire reads a prayer while his brothers Gavin and Philip bring the bread and wine to the altar.

As the little coffin is brought from the church to the hearse for his final journey to Dublin for cremation, you could hear a pin drop. Shock is mingled with anguish as the people of Feakle try to come to grips with the death of an innocent child. Parents try to explain to their little ones that Karl will not be back in school again. Schoolfriends of the Fox children line the streets of the village in a guard of honour. Mothers, fathers and children hold back the tears, before a chapter in the life of a little boy who will forever remain in the hearts of the people of Feakle is closed.

THE number of arrests for public order offences in Clare over the St. Patrick’s bank holiday weekend was on a par with most other weekends, according to the gardaí.

Sixteen people were arrested for public order offences in the Clare Garda Division over the weekend, while gardaí also dealt with several other incidents.

In Ennis, a 14-year-old boy was left terrified after he was approached by two young men who demanded his wallet and money, in the Market area of the town, in the early hours of St. Patrick’s Day.

Two men were arrested and questioned, before being released without charge. A file is being prepared for the DPP.

On the same morning, the home of an elderly woman in the Hermitage area of Ennis was targeted by intruders.

The woman in her 80s was asleep at the time when entry was gained to her home.

“This was the most serious incident that happened over the weekend. Thankfully the woman wasn’t harmed. We are looking for anyone who saw anything suspicious between 1am and 10am to contact us,” said Superintendent John Kerin.

A pregnant woman was left in a distressed state when four windows and the front door of her home were smashed in the early hours of Saturday.

Paint was also thrown at the house, in the incident which happened at Cloughleigh, Ennis. Gardaí say they are following a number of lines of enquiry. However, no arrests have yet been made.

Meanwhile, four youngsters were arrested on suspicion of carrying out criminal damage to the gym at St. Flannan’s College, Ennis, early on Saturday morning. All four are due in court later this month.

Rocks were thrown through the windows of a car in the Waterpark Heights area of Ennis in the early hours of Sunday.

Nothing was taken.

A camera, binoculars, a sum of cash and tickets for the Munster’s Heineken Cup Quarter-Final next month were stolen from an office at Bunratty Folk Park on Sunday.

Investigating gardaí are viewing CCTV footage in an effort to solve the crime.

Meanwhile, gardaí are investigating a spate of vandalism in Miltown Malbay on Saturday evening.

Rocks were thrown through the windows of two cars that were parked on the town’s main street, while the window of a house on Flag Road was broken.

“There were big crowds around for St. Patrick’s Day and for the rugby, but around the county, people were generally well behaved,” said Supt Kerin.

THE Health Service Executive, Mid West Area has denied that anyone has suffered food poisoning as a result of eating meals from the catering department of an Ennis hospital.

The statement was in response to shocking revelations in last week’s edition of The Clare People about standards of catering at St. Joseph’s Geriatric Hospital.

An independent inspection of the hospital’s catering department uncovered a major food poisoning risk, caused by a service, which “falls short of the level of quality control desired”.

The report highlighted poor work practices including food being prepared far in advance, the primary cause of food poisoning. The HSE claims that the catering department is compliant with requirements.

“Over the last five years, over €560,000 has been expended on the upgrading of the main kitchen and ward kitchenettes at St. Joseph’s Hospital. This has included electrical upgrade works, a cooling system, general refurbishment and purchase of equipment”

The HSE spokesperson said that a review of policies, processes, and procedures in the catering department was conducted recently, in order to streamline the catering operation and create further efficiencies.

“This review was carried out with a view to preparing for the final phase of rationalisation of HSE catering services in Clare, which will involve the transfer of catering from Ennis General Hospital.”

THE Kilrush RNLI lifeboat was called to a fisherman in distress on Sunday evening.

A woman walking along Beal Beach, on the Kerry side of the Shannon Estuary, spotted the boat in trouble and raised the alarm.

The Kilrush lifeboat launched at 6.15pm and went to the assistance of the 17-foot opendecked angling boat with one person aboard.

The lifeboat escorted the boat to shore, returning to the station at 7.15 pm.

No one was injured in the incident.

“The Kilrush lifeboat proceeded to the area and provided standby assistance to an angling boat from Beal Beach area to Carrigaholt Pier,” a spokesperson for the lifeboat crew said.

The voluntary lifeboat crew on Sunday included, at the helm Ian Lynch, crew Noel Fulham and Charlie Glynn with John Lamb, Lifeboat Operations Manager, in charge of launching operations. Those who assisted on shore were John Kiely and John Lamb.

Press Officer for the Kilrush lifeboat Charles W Glynn again reminded those using boats, or other water bound vessels, to follow all safety procedures. Mr Glynn said to always wear a lifejacket, and do all the simple, but vital checks, including those on the engine and fuel. Always tell others where you are going, and carry some means of calling for help, such as VHF, or mobile phone, the spokesperson warned. He also reminded all sailors to keep an eye on the weather and tides.

A FIVE-FOUR decision by the members of An Bord Pleanala has saved the former Holywell restaurant building in Ballyvaughan from demolition.

The building will be transformed into a language centre, following the Appeals’ Board overturning of a decision by Clare County Council.

Twice previously, the appeals board had refused planning to Wolfgang and Sibylle Dietls to retain the restaurant, forcing the couple to shut down the business last September and relocate to Ennistymon.

If the board had refused the plan to transform the building into a language centre, Clare County Conncil was set to go into the Circuit Court to demand the demolition of the building.

In explaining its decision, the Board stated that the present proposal to retain the extension for purposes directly related to the main established education/language school use, rather than a new commercial use. They said it would be acceptable in terms of its visual impact and would not set a precedent for further commercial development in this area.

A modified extension will comprise of two classrooms, a study, games room, toilets, kitchen and students’ dining area, all at Newtown, Ballyvaughan.

“We are very happy with the decision and it makes life easier for us. We will be putting in classrooms now into the building,” said Wolfgang Dietl.

In their appeal, the Dietls claimed that a decision to refuse permission would compromise the viability of the entire school and would have the most serious repercussions for the whole of the Holywell venture.

They stated, “The education/language school and restaurant were dependent on each other to make the enterprise financially viable. If the language school is to survive as a stand-alone business, it is crucial for us to have the necessary facilities to increase their student intake.

“Holywell has not only acted as a language school and restaurant, but also as a cultural and social facility for the village which is devoid of such amenities . . . it has hosted concerts, lectures, a film club along with evening classes in languages, computers, traditional music workshops, yoga and creative writing. These unique and educational events are focused at and for the benefit the local population.”

THE Courts Service has moved to dispel any concerns about the future of court sittings in north Clare.

A spokesperson for the service has said that steps are been taken to find a more suitable venue than than the Teach Ceol premises in Ennistymon, used for district court sittings for more than a decade.

Last week, The Clare People revealed that District Court Judge Joseph Mangan might refuse to sit in Ennistymon after September.

The judge cited cold conditions and poor acoustics as his reasons for his statement.

He said his court sitting at the Teach Ceol in September might be his last and an alternative venue would be required.

“The Courts Service is very aware of the limited facilities available to the court in Ennistymon.

“Court officials are actively involved in securing alternative and improved facilities for the court sittings.

“The regional manager and the chief court clerk for the district have visited several locations in this regard and have made efforts such as contacting the county council and different groups and auctioneers in the area, to see if facilities are available,” said the spokesman.

He said that, currently, there didn’t seem to be “any suitable venue available,” adding that the Courts Service was open to suggestions.

“We will consult with Clare court users in the coming weeks,” he added.

He stressed that this was not part of a plan to move all of the rural courts into the newly-renovated courthouse in Ennis, where both the Ennis and Shannon court sittings currently take place.

A CAMPAIGN by two Clare Steiner Schools for official recognition has hit a snag with the news that the Department of Education has been unable to process their application for recognition.

The Department of Education has informed Clare VEC that it is currently not in a position to process the application for recognition of the two primary schools at Raheen Wood School Tuamgraney, Scariff and Mol an Óige, Ennistymon.

The Department has cited technical difficulties in the dual application as the reason for the delay. The difficulty in the process is believed to centre on the issue of Clare VEC serving as patron for both schools.

However Clare VEC believe that the Department have wrongly interpreted the regulations concerning patronage and believe that the organisation is entitled to serve as patron for both Mol an Óige and Raheen Wood.

CEO of Clare VEC, George O’Callaghan, confirmed the delay at last Thursday’s monthly meeting of the board.

He said that he would be meeting with Department officials to further discuss the matter.

The Board of Clare VEC had previously accepted a proposal to become conditional patron of the schools provided both received official recognition from the Department of Education.

In order for the application process to be finalised, the schools must first agree to the curriculum as set out by the department.

In the case of Mol an Óige, recognition would allow them to pursue a permanent site for a school building.

“There was some suggestion that there might need to be a change of patron, but it is certainly the case that Clare VEC are entitled to act as patron,” said Cllr Flan Garvey (FF).