Month: October 2006

THOUSANDS of counterfeit DVDs and €3,000 worth of fireworks were seized by gardaí in Ennis in separate operations over the weekend.

An assortment of fireworks were confiscated, during a planned search of a house on the outskirts of Ennis on Sunday morning. A man in his 20s was questioned at the scene and a file is being prepared for the Director of Public Prosecutions.

Gardaí say they believe the variety of fireworks were for sale in the Ennis market for Halloween and are warning that people found in possession of fireworks will be prosecuted.

“Some of these will be sent for analysis to the forensic science laboratory, while the rest will be destroyed,” said a Garda source.

This seizure followed a seizure of €150 worth of fireworks, along with three forged drivers’ licences, at a house in Miltown Malbay last Thursday.

A man was questioned in relation to those fireworks.

Last month, €800 worth of fireworks was seized when a van was stopped and searched in Inagh. Two men, from the Ennis area, were questioned by gardaí. Gardai believe these fireworks were intended for sale in various parts of the county, in the run-up to Halloween.

The existence of fireworks throughout the county in recent weeks has prompted gardaí to reiterate their warnings that fireworks are illegal and dangerous.

“We are warning about the dangers of fireworks. Several children have been taken to hospital with injuries in other parts of the country. We cannot stress this enough,” added the source.

Separately, gardaí swooped on a house in Ennis on Saturday morning and seized thousands of counterfeit DVDs, which they said were to be sold on the Internet, all over the world. Computer records were also seized. A man in his 40s from the Ennis area was questioned at the scene.

The DVDs will be analysed and a file will then be prepared for the DPP.

“We believe a lot of the DVDs were genuine, but many of them were being copied and the copies were intended for sale, via the internet, all over the world. Many of the DVDs are not new releases. We believe collectors were being targeted and they believed they were buying original dvds, when that was not the case,” said a Garda source.

“We will have to examine the DVDs that were seized. This operation was part of an ongoing investigation. All sales were Internet-based,” he added.

THE search for the body of a 35year-old Polish fisherman who was washed out to sea by a freak wave will resume today off the Clare coast.

The man was fishing with a work colleague on Sunday at Tullig, north of Cross village, when a five-foot swell swept them into the sea.

His colleague was subsequently washed back on to the rocks and raised the alarm.

Both men worked in Limerick but did not know each other very well.

Kilrush Superintendent Joe McKeon said that gardaí used their contacts in the Polish community to help identify the man now presumed drowned.

It is believe he was married with four children, and was due to return to his Poland for a visit next week.

Gardaí were yesterday using his passport for identification purposes, but he cannot be named until the Polish embassy opens today.

A day-long search yesterday in dangerous conditions failed to recover the body. The search began early in the morning, but had to be abandoned as darkness fell at 4.55pm.

A pair of waders was found close to the scene of the accident last evening, but they have not yet been identified as belonging to the deceased.

The Kilkee Marine Rescue Service, Kilkee and Doolin Coastguard and the Shannon Coastguard Helicopter were assisted in the search by members of the Kilkee Diving Club from all over Ireland who had been spending the weekend in the Clare resort.

Members of the accident victim’s family are also believed to be planning to come to Clare to assist in the search.

Local people said that while the area would be known for mackerel, Tullig was not regarded as a fishing area.

Member of the Kilkee Marine Rescue Service Manuel di Lucia said the two Polish men would not be aware of the dangers of fishing in the area.

He said that a swell like that, which washed them out to sea, would look smaller from the top of the cliff.

Last July, a 35-year-old father of two from Latvia was taking scenic photographs close to the lighthouse at Loop Head when he lost his footing and fell 80 feet to his death off the cliff’s edge landing on the ledge below.

It is also one year this weekend since three young men lost their lives off the cliffs in Doolin.

GARDAÍ are treating as suspicious

a fire that destroyed the community

hall in Drumgeely, Shannon, on Fri-

day morning.

The blaze at the disused hall broke

out shortly before 9am and despite

efforts by two fire units to salvage the

building, it was totally destroyed.

While gardaí are awaiting the re-

sults of forensics’ findings, they be-

lieve the fire was started malicious-

ly.

“We believe it was deliberate and

we are following certain lines of en-

quiry in relation to it. We have not

yet established the cause of the fire,”

said a Garda spokesman. SHE also expressed anger that he was not punished for absconding and said he had been rewarded for it.

Ms Mahoney said that the threeyear ordeal since the girls’ deaths had left her angry with the legal system.

“It has been three years of frustration. We are angry too that as families of victims, we don’t have a voice. That someone can do this to your family and create this much havoc and the sentence is three years, says to you ‘what was the value of your child’s life?’”

The court was told last Thursday that Naughton didn’t have the social skills to face the families to say sorry and instead apologised to the families

This was the second time the build-

ing was damaged by fire – in August

2001 the annex was burnt but, most

of the hall remained intact.

Friday’s fire has marked the end of

a long and sometimes controversial

history of the building. It has been in

private ownership since 1992 when it

was sold by Shannon Development.

It had steadily fallen into decay un-

til renovations were undertaken over

the past three months.

Locals were concerned that the

hall – which was located between the

blocks of flats and the houses nearby

– had not been used in recent years

and they are now saddened that it has

been lost to the community.

Chairperson of the Drumgeely Resthrough his counsel.

Ms Mahoney said, “I don’t believe youth? Why aren’t his parents or the he is sincere. There is no remorse. We Western Health Board answerable?” are told he had no social skills, but he had plenty of social skills to buy a car the case was very hard to explain to and get two girls into a car who didn’t her other children. want to get into it.

“How much social skill do you need it is hard passing it everyday where to say ‘I’m sorry?’ He could’ve had she should be now sitting the Leaving access to us anytime over the three Certificate. Lorna’s class will be havyears. ing their debs this year and she won’t

“I have an intolerance of him. It be there. would be easier if he had shown remorse, because nobody goes out to do would she be like now? Would she something like that. still be the tomboy she always was or

“There are penalties for people who would she have refined. I know one sell alcohol and cigarettes to people thing that would never have changed under 18, but what about people who and that is her love of animals.” sell cars to minors? Are they not liable for prosecution? idents Association, Beatrice Keville, said the fire marked “another episode in a very long, sad saga. It has been going on for so long now.

“It was originally a hall where everything in Shannon happened, but that changed 14 or 15 years ago,” she said.

Local resident Derek Barrett said Drumgeely residents were sorry to have lost the hall.

“Drumgeely hall was the first thing that was built for the community in Shannon. It was a notable entity. It was a church for some people, others went there to set dance or to discos, while some people played tennis or badminton there. I had my First Communion after-tea there. That was all “Who was responsible for this Ms Mahoney said the outcome of “We live near the local school and “You wonder, three years on, what Shannon had at the time. It was the town centre at one point in time. It is such a shame that it is gone,” said Mr Barrett.

Work on clearing the site got underway yesterday (Monday). Mr Barrett said locals now wanted the area to be cleaned up and made safe.

Local Councillor Tony Mulcahy (FG) has called for the site to be converted into a play area for children.

“It certainly was an eyesore. It would be best for all if it was covered over and grass put in its place now,” he said.

THE mother of one of the Kilkee teenage girls killed in a car driven by a 15-year-old has called on the Director of Public Prosecutions to appeal the length of sentence handed to David Naughton.

At Ennis Circuit Court last Thursday, Naughton – now aged 19 – was jailed for three years after pleading guilty to dangerous driving causing the death of friends and neighbours, Stacey Haugh (16) and Lorna Mahoney (13) on October 17, 2003.

After the three-year term was imposed, Lorna’s mother, Geraldine broke down in tears, shaking her head from side to side.

Speaking publicly for the first time since the outcome of the case, Ms Mahoney told The Clare People , “I believe that the sentence is not long enough and doesn’t deter anyone from doing the same thing.

“The message seems to be ‘take two lives, you get three years, you’ll be out in two and the State will pay your costs’. The State is saying ‘boyracers, keep doing what you are doing because you are not going to pay’.”

At her home in Kilkee yesterday, Ms Mahoney said the families had been let down by the State in the prosecution of the case.

“There has been a catalogue of blunders. First he was granted bail after absconding from the unit in Galway. He absconds in February 2004 and it takes until June of this year to find his whereabouts, even though he first came before the English courts in September 2004.

“Then the European Arrest Warrant used to extradite him contained only one charge so the charge of driving without a licence, no insurance and no tax, had to be dropped.

“The maximum sentence for dangerous driving causing death is ten years but on the European arrest warrant, it said a maximum sentence of five years. So the judge had to start from five and give time off for a guilty plea and other mitigating factors.

“We would like answers as to who cocked-up, because there is no other description for it. My fear is that the State won’t appeal because it will be embarrassed having its blunders highlighted again. But we need answers and the only way to get those is through an appeal.”

The decision not to impose a driving ban on Naughton was described as by Ms Mahoney as “a joke”.

She also expressed anger that he was not punished for absconding and said he had been rewarded for it.

IMELDA King Kennedy believes we all have a purpose in life and for her that means giving help to those who need it most.

Imelda has just released a CD entitled “Amazing Grace” in aid of the Alzeihmers society of Ireland.

Imelda has lived in Ennis for over 20 years and from her work with the Soroptimists International Society has worked closely with people providing care for people suffering from Alzeihmers.

Through providing quality dementia-specific care and supporting carers and families, the Alzeihmers Society of Ireland raises public awareness about the condition

Today, more than 35,000 people in Ireland have dementia, of which Alzheimer’s Disease is the most common form. The risk of developing Alzheimer’s Disease increases with age with its prevalence rising from approximately 1% in people under 65 years old to more than 25% for those over 80 years. Although rare and more commonly associated with older age, Alzheimer’s Disease can also occur in people in their 40’s and 50’s.

A voluntary worker for 28 years, Imelda says she received the inspiration for recording the album after observing first hand the dedication of staff and of families dealing with Alzeihmers.

“I was motivated and inspired to record the album by people I know and those who care for those with Alzeihmers. My purpose in life is to serve for the betterment of others. I have a purpose in life, a special talent to sing, a unique gift to give to others. When I channel this gift for the service of others, I experience the joy and exultation of my own spirit”

It was always inevitable that Imelda would be involved in music. As a young girl in Newmarket, music played an important role in the family home. At the age of six she was already performing for school and church choirs.

Imelda trained as a singer under the tutelage of Dr Veronica Dunne in Dublin and also with Mary Fulham and Olive Cowper. She attended the Ursuline Convent in Thurles and went on to graduate from the Royal Irish Academy.

Imelda has also enjoyed success on the festival circuit, winning awards at Feile Luimni and Feis Cheoil.

Apart from performing regularly with the Cathedral Choir in Ennis and the Clare Music Circle in Newmarket-on-Fergus Imelda practices a form of musical therapy known as Spirit of the Voice.

Spirit if the Voice deals with a concept known as microtonal healing, a process where the tone of the voice is used for therapeutic purposes.

“The sacredness of the voice has long been recognised in prayerful utterance, song and word and breadth convey the power of the creator and can be used as a transformer and healer” says Imelda.

Sales of Amazing Grace have been going well and Imelda now plans to record a second album in aid of the Alzeihmers Unit in the Clarecastle Day Care Centre. Amazing Grace is on sale at the offices of the Alzeihmers society at the Clonroad Business Park. Copies can be purchased Price: €10 including lunch

by contacting Imelda 087 278 6717.

childhood care and education.

CLARE County Council has been strongly criticised over the non-disclosure of the details of two planning applications at the centre of legal actions.

The council, acting on the basis of legal advice, opted to keep details of the cases secret amid claims that it acted against legislation set out in the Local Government Act.

According to Councillor PJ Kelly (FF), the confidentiality agreement entered into by the council was contrary to Section 136 of the Local Government Act, which precludes any local authority from entering into such agreement.

In response to a motion tabled by Cllr Kelly in which he requested the number of planning applications not decided upon within the statutory period between January 1, 2005 to September 9, 2006, it was revealed that legal steps had been initiated in two instances.

One case has been rejected by the High Court and is currently being appealed to the Supreme Court, while in the second, the applicant’s case has been “adjourned pending steps being taken subject to a confidential agreement”.

At last week’s meeting of Clare County Council, Cllr Kelly (FF) expressed surprise at the fact the County Manager had not taken into account Section 136 and that the legal advisor was not present to brief the council.

“At least I expected the legal advisor to be here. We are told that planning today is a mystery that we don’t understand but are meant to believe in . . . we are dealing here with the ethics of confidentiality.”

Cllr Kelly also accused Mr Fleming of acting in a “de-facto” fashion in agreeing to the confidentiality agreement and said that case law prohibited such agreements. Cllr Kelly added he had a “rough idea of the geographic location of one of the cases” due to the talk he had overheard in local “watering holes”

Mr Fleming defended his actions, saying he always acted in the council’s best interest and assumed the legal advisor was well aware of any existing legislation.

However, there was sharp criticism from others in the chamber at the lack of a written response to the motion. There were calls from Cllr Tommy Brennan (Ind) and Cllr Martin Lafferty (Ind) to make more information on the relevant cases available.

“I ask whether you can get access to the file, if those files aren’t available to the public, I want them to be identified. We are going down the wrong road . . . this is a sad day for the planning authority in Clare,” said Cllr Lafferty.

Clr Richard Nagle (FF) said it was naive to think the file numbers would be released.

PROBLEMS with planning are one of the main factors which make people in Clare less happy than those in neighbouring counties, according to a new survey produced by UCD.

The survey, which was presented at the “Towards Sustainability in the National Development Plan 20072013” earlier this month, rated each county and region of Dublin on a five point happiness scale.

People in Clare were rated as the fourth most unhappy in the country with only Dublin City, Dublin South and Waterford receiving a worse rating. Clare was grouped in the second tier on the unhappiness scale along with eight other counties. Galway and South Tipperary were group among the most happy counties while Tipperary North, Limerick and Kerry were group in the second most happy category.

Dr Mary Kelly, director of the Environmental Protection Agency (EPA) called for a strategic environmental assessment to be carried out before the introduction of the National Development Plan 2007 to 2013.

“It will be too late in 2013 to look at it and say ‘I wish we had done this some other way’ so the time to try to determine the impact is before the plan gets underway,” said Dr Kelly. The survey was conducted by Professor Peter Clinch and Dr Susana Ferreira of UCD.

AN TAISCE has been forced to withdraw an objection against a planning application for the second time in three months in Clare after concerns were expressed over the accuracy of the objection by a developer.

Last July, An Taisce withdrew its objection against a planned extension by journalist, Fintan O’Toole to his holiday home in Ballyvaughan after labelling his proposal ‘criminal’.

Now, the Director of An Taisce, Gavin Harte has informed Kilkee architect, Tom Byrne that the association is withdrawing its objection against Mr Byrne’s planned development for the erection of a single terrace of six, two storey holiday homes in Kilkee, because An Taisce’s Head Office found its submission by the Clare Association “not of a necessary standard”.

In a letter to the secretary of the Clare Association of An Taisce, Anny Wise, Mr Byrne a former member of the Dublin City Association of An Taisce, described the An Taisce submission as “wild and illconsidered”.

In the submission, An Taisce stated that it was objecting under a number of headings, pointing out that large estates of holiday homes needed good access and services.

In response, Mr Byrne wrote: “What exactly do you mean by this bland statement?

“The density proposed here is well within the guidelines set out in the West Clare Local Area Plan and the Clare County Development Plan. How does a scheme of six terraced houses constitute ‘a large development’?”

Arising from An Taisce’s decision to withdraw the application, Mr Byrne told Mr Harte: “I have no problem with observations/objections to any development, but when such an inaccurate submission is made on behalf of An Taisce then the process becomes farcical and potentially costly to the applicant.

“I trust the ongoing ill-informed submissions by the ‘local association’ will cease . . .

“I also trust that the ‘cut and paste’ and ill-judged mentality of such submissions will soon be a thing of the past. Such submissions needlessly add to the growing disregard which some have for An Taisce and their efforts.”

The Byrne plan is facing opposition from a number of local residents.

Advising that An Tasice withdraw its submission, Mr Harte said: “However we intend to monitor this application and in the unlikely event that the local authority decide to approve planning, it may be appropriate for An Taisce to make an observation on an appeal to such approval.”

THE NEW formalised pre-planning service has come in for a hammering with calls for the county council to either set up a dedicated department for it or scrap it altogether.

Conflicting information, changes in restrictions and even reversals of advice given have dogged the process, leaving applicants frustrated, out of pocket and without permission, Councillor Martin Conway (FG) said. Pre-planning is a service which the council offered in an informal way before. But early this year, it became formalised with the service being offered on the council’s web site.

Cllr Conway has now called for a dedicated department to be set up within the local authority to deal with pre-planning.

“A house is the biggest outlay people are ever going to undertake and with the huge expense involved, it can save couples up to a hundred thousand euros if a parent can give them a bit of land. But that’s no good if they can’t get permission to build.”

The Fine Gael councillor said that he had been called on after couples were given advice in the pre-planning meeting only to find “that a very different view may be taken when they go ahead to apply for permission. Most pre-planning meetings are based on looking at site maps but, when planning is in and a planning officer goes out to look at a site, it can be a very different story. What a planner says about a map and what might be said about a physical site can be two very different things. This service needs to be provided properly if it is to be provided at all,” said Cllr Conway.

According to the council’s planning department, the number of preplanning enquiries received up to September 30, 2006 was 696. This compares with 483 for the full year 2005 and shows an increase of 52 per cent for the comparable January to September period.

These enquiries are responded to by way of written replies, telephone calls and meetings with the area planners. To date this year, 164 meetings have been recorded.

A spokesman for the council said that “new procedures were put in place this year to facilitate pre-planning enquiries and meetings. The procedure provides for submission of a site map and clear details so that they can be plotted on map info and linked to any subsequent planning application.”

He added that it was “planned to extend the use of the internal office system to agents, who account for the vast majority of planning applications. This will allow direct access by them to a self service pre-planning system.”

CLARE County Council has given the go-ahead for a new €25 million housing development on the outskirts of Ennis, in spite of concerns expressed over the development by the recently appointed editor of The Clare Champion.

The council has granted planning permission to developer Martin Casey to build 131 houses, a crèche and a shop at Shanaway Road on the western fringes of Ennis.

Austin Hobbs’s objection to the development focused on the impact the proposed development and its entrance would have on his family’s property.

The objection, which was made in a personal capacity, predated his appointment as ‘Champion’ editor and was made with his wife and another couple living in the area.

They also had the support of An Taisce who described the development as premature pending the provision of public services.

Another local resident, Ennis Town Engineer, Tom Tiernan facilitated the development in a personal capacity by entering an arrangement with Mr Casey to allow the housing development be part-accessed through his property.

A previous application for 131 houses by Mr Casey was refused because the entrance was not wide enough. However, the planner’s report on the latest application says the applicant has acquired land from the adjacent landowner to widen the entrance and a letter of consent has been submitted. In that letter, Mr Tiernan said he has no objection to Mr Casey’s application “even though a small portion of the site is located within our property”.

“As the proposed development is adjacent to my home, it would be inappropriate from me to contribute to the adjudication process in relation to the application and therefore I will not be doing so.”

Mr Tiernan declined to comment on any dealings he has with Mr Casey to widen the entrance to the development, telling The Clare People : “It is a private matter.”

Mr Tiernan and Mr Hobbs are neighbours and in the objection lodged on behalf of Mr Hobbs and the other residents, consulting engineer, Paddy Coleman states that the application should be refused on the basis “that the entrance and its location is totally inadequate, unacceptable and unsafe”.

Mr Hobbs stated that he has no further comment to make on the matter.