Month: October 2006

CLARE TD, Pat Breen, came under fire yesterday from a rights group for sex abuse victims. The row arose after he tabled a Dail question asking when a jailed Clare sex offender would be eligible for early release.

In a written question to Justice Minister, Michael McDowell, Deputy Breen asked when 74-year-old bachelor farmer, Joseph Nugent, from Dromellihy, Cree, would qualify for early release.

A farmer of 65 acres, seven miles from Kilrush, Mr Nugent was jailed four years ago and is currently serving two six-year and one three-year concurrent sentences in Portlaoise prison and is due for release with normal remission on February 9, 2008.

The cases against Mr Nugent involved two young boys and, imposing a sentence of six years in November 2002, Judge Brian McMahon said that Nugent had acted in a premeditated and predatory nature for his own self-gratification and beastly pleasure.

The judge added that the abuse on a neighbour, who was aged eight when the abuse started, involved the use of physical violence by an adult on a young child.

Colm O’Gorman of the One-inFour group said he would be appalled if any TD would intervene on the issue of early release of a convicted sex offender.

“I am not saying that Deputy Breen was trying to manipulate the system by placing this question, but it is difficult to see how it could be appropriate. The most benign take on this matter is that Deputy Breen made a representation on behalf of a constituent without knowing the full facts of the case.”

A PRIMARY school teacher in Clare has appeared before Ennis District Court, charged with 69 counts of sexual assault.

The accused, who cannot be named for legal reasons, and who has an address in Clare, is facing the charges arising out of alleged incidents on a number of dates between 2001 and 2004.

The charges relate to the alleged abuse of several young boys.

Garda Denis Collins told the court on Friday he arrested the accused on October 8 last.

When charged at Ennis Garda Station the accused replied, “no comment” after each charge.

The alleged assaults are understood to have occurred at various locations, including at the defendant’s home and the school where he taught.

Inspector Kevin Moynihan (prosecuting) told the court that the State did not have any objection to a remand on continuing bail to appear in court early next year, to facilitiate the preparation of the Book of Evidence.

Inspector Moynihan said the DPP has directed to a trial on indictment and he applied to extend time to serve the Book of Evidence.

There was no objection from the accused’s solicitor, Ted McCarthy.

Judge Joseph Mangan agreed to the request. He adjourned the case until early in 2007.

A FLIGHT between Rome and Toronto had to be diverted to Shannon last week after a passenger who suffers from Obsessive Compulsive Disorder stripped naked in the toilet of the plane and yelled at flight staff.

Wanda Hepditch (51), of Ontario, Canada, appeared before Shannon District Court charged with two offences under the Air Navigation and Transport Act.

The court heard she became unruly two-and-a-half hours into the Skyservice flight, last Monday evening, on which 370 passengers were travelling.

The mother-of-two went into the bathroom after coffee was spilt on her clothes.

She took her clothes off and washed them, and started shouting, while in the bathroom.

She was given blankets and the flight staff closed the door of the bathroom.

She emerged from the bathroom shortly after, wearing a blanket, and became aggressive. She refused to sit down and the plane was diverted to Shannon.

Inspector Tom Kennedy told the court the accused’s behaviour caused “considerable disruption,” and that drink wasn’t a feature as Hepditch had no more than a glass of wine.

“Her behaviour was odd, to say the least. While no-one was injured, she certainly did cause a lot of anxiety on the plane,” he said.

Hepditch’s solicitor Caitriona Carmody said her client had been diagnosed as Obsessive Compulsive.

She said a passenger behind her moved and a tray spilt, while resulted in Hepditch’s clothes getting soiled.

“She became anxious and went to wash her clothes. She went to get her clothes from the overhead luggage department,” said Ms Carmody.

She said her client was given a written warning from the captain and this distressed her.

Judge Aneas McCarthy said clearly there was a breakdown in communication between the airline staff and the accused.

“If they understood her request, no doubt they would have given her clothes.

“She wanted the clothes. Instead they gave her a blanket and asked her to sit down,” said the judge.

“This was a matter that arose because of the illness she suffers from. There was no criminal intent on the part of this lady,” he added.

He said the court must take misbehaviour on board an aircraft “very, very seriously,” particularly when an aircraft is forced to divert.

“Clearly hygiene and cleanliness is a major priority in her life. Given the nature and the unique circumstances I am going to apply the Probation Act,” he said.

Hepditch will not be allowed to travel on board Skyservice flights in future.

CLARE County Council is to examine the costs associated with introducing a waste waiver scheme for old age pensioners and low income families in Clare.

A report on the cost of introducing such a scheme will be presented at the next meeting of Clare County Council as a compromise after calls had been made to put the issue to a vote.

In proposing the motion Councillor Joe Carey (FG) said Clare should adopt a scheme similar to one currently being operated by Limerick City Council estimated to cost €750,000.

“Pensioners have been forgotten about by Clare County Council since waste collection was privatised. The Old Age Pension allowance may have increased over the last number of years but costs such as bin collection are eating into the limited disposable income that OAP’s have.”

But councillors were warned there could be a significant cost in introducing a waiver system and this would also have major budgetary implications.

After Cllr Tony Mulcahy (FG) had labelled the Council’s response “a load of baloney”, County Manager Alec Flemming stated there was a strong case for not pursuing the waiver scheme.

“There is no reason we should do everything that Limerick does. If we do that then why don’t we supply electricity as well. I would look at this as a basic welfare issue. Limerick City Council found they couldn’t do it legally so they hired a contractor to do it. I haven’t a definite answer on the cost but it is thought to be close to €750,000 a year. My firm recommendation is that we do not do it”

There was support for the motion from Cllr Cathal Crowe (FF).

“I know several low-income families who are struggling with the cost of waste disposal and who are storing rubbish which will burned in bonfires. The Council’s litter wardens will then have to clean up the mess afterwards”

Cllr Patricia McCarthy (Ind) warned that the role of councillors was being eroded.

Cllr Martin Lafferty (Ind) also supported the extension of the waiver scheme but advised the proposal be fully costed before any decisions are taken. The North Clare councillor also proposed that Clare County Council write to other local authorities requesting support for the introduction of a national waiver scheme.

Opposition to the scheme was voiced by Cllr Michael Kelly (FF).

‘It would be nice to think that we could get involved with everything but I don’t think it is possible in this instance for us to do it.”

CLARE people living in America are being urged to return home and help fuel the local economy. The Western Development Commission (WDC) is hosting a conference in New York later this week where they are hoping to attract hundreds of ex-pats to return to the Banner.

The conference, which takes place this Friday and Saturday, is organised jointly by the WDC and FÁS Jobs Ireland and is aimed specifically at Clare people and people from the western region in general, who have immigrated to the US and may be thinking of a return.

“We are asking that people throughout Clare who have friends and families in the US, tell them about the event where we can inform them about the opportunities available,” said Gillian Buckley, CEO of the WDC.

“Many of those Irish living in the States may not realise that the West of Ireland has changed dramatically in recent years. Over 40,000 people have moved into the seven western county region over the past four years.”

One of the main aspects of the conference will be the American launch of the www. lookwest.ie which has had received more than 100,000 hits in the short time since its creation.

“LookWest can show them how much more towns like Ennis has to offer,” continued Ms Buckley.

The FÁS Jobs Ireland event will takes place on October 20 and 21 at the Affinia Manhattan Hotel in New York.

THE ESB have addressed issues raised in a controversial consultants’ report with the Oireachtas committee responsible for powerpricing. The company was challenging parts of the Deloitte report, which had an airing in the media last week.

A spokesman for the ESB said that it had been pointed out that while Deloitte had priced power costs as been more than 50 per cent higher than the European average, this was only the case in relation to a small number of customers, while for 95 per cent of power-users, costs were on a par with Europe. The figures given for the Poolbeg station were incorrect, the committee heard.

Claims that power-station staff were being paid up to €100,000 per annum, “are not outside the norm for the industry,” the spokesman said. “The average wage in the power-generating operation would be €92,000. This is for a round the clock service and includes shift rates and other payments. In other sectors, people have a very different rate. This would be normal for the industry,” the spokesman added.

The report comes at a time when the power company have been given the go-ahead for a January price-hike.

Meanwhile, ATGWU regional secretary, Mick O’ Reilly, said that“Deloitte did not show that ESB labour costs were higher than the rest of Europe. They specifically stated in their report, ‘We believe that payroll costs are higher…’”

He added that a considerable amount of money had been paid for “a report based on beliefs and maybes.”

CRITICISMS of the promotion of the annual Fleadh Nua festival have been accepted as reasonable.

Donal O’Loingsigh, Fleadh Nua PRO said he accepted comments made last week by John Madden, President of Ennis Chamber of Commerce.

In calling for the establishment of major international cultural festival for Ennis, Mr Madden was also critical of the methods used to promote previous Fleadhanna.

Mr Madden said that the Fleadh would have to play a major role in any proposed venture, but that the event would have to embrace new methods of promotion in order to make it more relevant to modern audiences.

“It requires a new and contemporary vision of how the music and culture is presented. Better organisational and promotional skills are needed to implement a new and enriched programme of events” said the chamber president.

Close to 5,000 people descended on Ennis for this year’s Fleadh Nua, but according to Mr O’Loingsigh, a greater promotional effort is definitely needed and a lack of resources has restricted efforts in recent years.

“In one way, I would agree with what was said, but the question is, if you were to invest more effort in it, where would you stop. At a local level we wouldn’t have a huge budget and neither would we have much personnel. A more vigorous approach is needed. To go beyond local advertising then you would have to go national and that would require a bigger budget. It is reasonable to comment that more could be done”.

In supporting Mr Madden’s proposal for an international festival, Mr O’Loingsigh also called for greater integration between community and promotional groups.

“We were working on a shoestring budget and a small voluntary committee. As I say resources are thin on the ground and both public and private groups would have to come on board. Neither Fáilte Ireland or the Arts Council have supported the Fleadh despite numerous submissions”

He continued; “If Wexford, Cork and Kilkenny can have major festivals then why not Clare”.

Mr Madden had last week deemed it remarkable that a town of the size of Ennis did not have an annual festival of national and international importance.

According to Mr Madden events like the Fleadh Nua, Ennis Trad Festival and Glór and the planned construction of a new GAA stadium, meant Ennis had the infrastructure to stage such and event.

THE Clare Shell-to-Sea group has stepped up its campaign against the construction of the Corrib gas pipeline with a series of protests in the county. The organisation hosted its largest protest in Clare last Friday outside Shell’s depot on the Limerick road in Ennis and are planning a number of events this weekend.

Members of the organisation have been travelling to Mayo to take part in the ongoing blockade of the €200 million project while Clare members were also involved in the sitdown protest last Monday.

This protest was significant as it was the first occasion that members of the Shell-toSea protest defied the law and also the first time that Gardaí physically removed protesters from the site.

“Monday marked a new departure for the situation up there,” said Tony Kirby of Clare Shell-to-Sea. “There were a couple of unsavory incidents. It was complete chaos for three hours or so. Some of the guards were being very heavy-handed but that was a minority of them.”

The organisation has also dismissed media reports that Sinn Fein is now orchestrating the Mayo protests.

“Of the 150 to 200 people that are protesting every day, maybe two or three are from Sinn Fein,” Mr Kirby said. “The people who are saying this are trying to undermine the real debate, to discredit the health and safety concerns and to distract the people from the real issue.”

Clare Shell-to-Sea are planning another protest this Friday while a number of their members will travel to Mayo to take part in the national day of protest on the same day.

A SHANNON man who went ‘berserk’ at a Garda station, verbally abused gardaí and kicked out, has been jailed for three months.

Michael James McDonagh (33), of Ballycaseymore, Shannon, was convicted of engaging in threatening, abusive or insulting behaviour, at Shannon Garda Station, on April 9, 2005, in the District Court. He appealed this at Ennis Circuit Court yesterday (Monday), but his appeal was dismissed.

Sergeant Noel McMahon told the court that McDonagh and his wife were in the public area of Shannon Garda Station.

The garda took a certificate of insurance from McDonagh’s wife and was going to photocopy it, as he had to go to the airport on other business. McDonagh then became agitated.

“He tried to come in the hatch window. Garda David Laing had to force him out. He called Garda Laing a scumbag,” said the sergeant.

“He (McDonagh) told me he had injured his finger. I didn’t see any mark on it,” he added.

Garda Brian McCarthy, who was also in the station at the time, said Garda Laing had to physically push McDonagh out the window.

“He started kicking the door. We tried to calm him down, he was shouting,” said Gda McCarthy.

Defending solicitor Tara Godfrey said there was no intent on the part of her client to breach the peace. Judge Carroll Moran replied, “On the garda evidence, he was certainly doing that, and more.”

McDonagh told the court he “lost the head” after Garda Laing pushed the hatch out on his finger. He admitted calling Gardaí McCarthy and Laing ‘scumbags’ and ‘assholes, but said he did not attack the gardaí.

State Solicitor Martin Linnane, in cross-examination, asked McDonagh why he called the gardaí names. He replied, “Because he hurt me.”

Mr Linnane said, “You hurt yourself getting through the hatch.”

Ms Godfrey said her client was “frustrated” and didn’t understand the delay in processing the insurance.

She said a verbal disagreement was not sufficient for a conviction for breaching the peace.

Judge Moran said McDonagh went “berserk” and was very abusive.

“He tried to get through the hatch. He called gardaí scumbags and assholes and he was kicking the wall of the public office. These were acts of violence. He just went out of control.”

He dismissed the appeal. The threemonth sentence will run consecutively with a four-year term currently being served by McDonagh, who has several previous convictions.

CLARE County Council and the Environmental Protection Agency (EPA) look destined to lock horns once more over the Central Waste Management Facility at Ballyduff Beg.

The local authority issued a strongly worded statement last week in which they claimed to be “baffled” by the EPA’s decision to issue two fresh non-compliance orders following an unannounced audit of the facility on August 23rd.

The EPA breaches relate to the amount of cover being used to cover the landfill cells in use as well as the final capping of the cells. The council has also revealed that it intends to appeal the findings, claiming an “assessment of its overall operation of the site would indicate that noncompliance orders should not have been issued.”

The EPA has given the local authority until this Friday, October 20, to respond to the non-compliance orders. It declined to comment on the matter until that time. However, a spokesperson from the EPA did confirm that as of yesterday, October 16, no response had been received from the council despite its release of the media statement.

“Clare County Council is somewhat perplexed at the non-compliance orders issued by the EPA considering that very significant improvement works have been undertaken at the site,” said Ger Dollard, Director of Services with Clare County Council.

“As the EPA has not indicated that any nuisance arose on the day of the audit, it is the council’s view that the existing cover has adequately fulfilled its purpose and a non-compliance finding is unjustified and not supported.”

Ballyduff Beg locals have reacted angrily to Mr Dollard’s comments, claiming that while there was no nuisance on that day, the council was in breach of the licence and that breaches on other days have led to problems with both smell and vermin.

“The council accepted the licence, were delighted to get it and said that they would comply with it. That is all we are asking for,” said local resident Perry Longe.

“If they did apply the 6 inches of covering each day, as the licence states, then there would never be a problem with smell. But it an ongoing problem, it was there this morning (Monday) and it was still there at half past three when I left the house.”

Aside from the two non-compliances, the EPA also noted 20 separate minor breaches during the August 23rd audit. The Ballyduff Beg facility was found to have breached its licence earlier this years for disturbing waste without first receiving permission from the EPA.