Month: December 2006

A PRIEST who was beaten at his home in Parteen over eight years ago has recalled his agony, in the aftermath of the Pádraig Nally trial and says he is contemplating getting a gun, as protection.

Fr Liam Kelly (71) was stabbed nine times as he lay in bed at home, in May 1998, and says he was ‘left for dead’.

He has horrific memories of the night and had to receive counselling for a long time after the incident, in which two men from Limerick attacked him.

He forgives the intruders, who were dealt with in court, and visited both in prison. However, he will never forget the incident. He has since moved to a house in Limerick as he is in semi-retirement.

Commenting on the debate on selfdefence which was central to the Nally case, he said, “There is a thin dividing line. I firmly believe you are entitled to defend yourself. At what cost, I don’t know.”

He used a hurley to defend himself and beat off his attackers, but would now consider replacing this with a gun.

“It is important to be safe in your own home. I know a number of priests who have a gun in the house and I would consider that too. I would do what I could to defend myself,” he said.

“I have to go to so much trouble every night, to close up Fort Knox, putting on the locks,” he said.

“The guards were terrific, from a security point of view and I do feel secure when I am in my bed at night,” he added.

He says he did feel sympathy for Pádraig Nally, who, like him, was in fear of attack.

“I had the utmost of sympathy for the fella, but to shoot a fella in the back is a bit much. In a way, I can understand what he did, though,” he said.

THE Pádraig Nally trial prompted much debate on the use of force by an individual who believes he is under threat. Nally claimed at all times that he was in fear and the jury was asked to decide if he used excessive force. They decided the force used was justified and they acquitted him of manslaughter.

Gardaí in Clare say people are entitled to protect themselves and their property, by lawful means.

Clare Crime Prevention Officer Sergeant Joe Downey said force is justified and is allowed in law, but that it must be reasonable at all times. This law is currently under scrutiny and changes in the legislation are proposed.

“The Constitution guarantees the inviability of the dwelling and can only be entered in accordance with law. You cannot enter a person’s dwelling, except with a warrant or on invitation,” said Sergeant Downey.

“The use of force is justified under Section 18 of the Non Fatal Offences Against the Person Act 1997, to protect a person from assault,” he added.

The use of force applies to both protection of a person and also his property, he said.

“The over-riding rule is that the force applied must be reasonable in the circumstances. ‘Reasonable’ is decided in court. What may be reasonable to one person may not be to another,” he stressed.

He said if a person is under attack, he can defend himself by various means, i.e, he can hit the attacker on the arms, leg and body, but it should not go further than that. He pointed out that a person who is running away poses no danger.

“The head should be avoided. If I broke his arm, I would be guilty of assault,” he said.

He said the issues of self-defence is subject to cross-examination and each jury is different.

“The jury found the force Nally used was reasonable,” he said.

DEPOPULATION and isolation in rural parts of Ireland are the main causes of people living in fear, according to Rural Resettlement Ireland.

Spokesman Jim Connolly said concern of attack is prevalent in parts of west Clare, where there are long stretches of unoccupied land.

“Huge tracts of land in west Clare, like Mayo, have populations where people have no neighbours,” said the Kilbaha resident.

“That is not the fault of the planners per se, but they are preventing the rebuilding of these places. There are huge tracts of Clare, where there are less than 25 people living per square kilometre. There are no neighbours, people are living in fear of intruders and there is loneliness,” he added.

“People are living in fear of intruders, particularly in west Clare,” said Mr Connolly.

Pádraig Nally told his trial he was living in fear of being robbed and he panicked when traveller ‘Frog’ Ward appeared at his farm.

In the wake of the debate regarding travellers trespassing on farmers’ lands, Mr Connolly said those living alone in rural parts of the country fear “particular groups, i.e travellers.”

“50 or 60 years ago, the local travellers were welcomed into the community. It was a completely different relationship. Life has changed it,” he said.

Mr Connolly believes that some steps should be taken, in an effort to make rural parts of Clare and throughout the country, safer for those living alone.

“I do believe things can be done, like having a patrol car driving around the countryside at night, with the blue light flashing. There is no garda presence… However none of these will provide neighbours,” he said.

THE acquittal of farmer Pádraig Nally, who had been accused of killing of ‘Frog’ Ward, is not a licence to kill a person who comes to your door, according to an Ennis solicitor.

Solicitor Helen Rackard, of Michael Houlihan solicitors in Ennis, said the circumstances of each case regarding self-defence are unique and each jury differs.

Nally was found not guilty last week by a jury at the Central Criminal Court of killing traveller ‘Frog’ Ward at his Mayo farm, over two years ago.

The verdict came after over 15 hours deliberations. Nally had admitted shooting ‘Frog’ Ward and hitting him up to 20 times with a stick, but said he acted out of fear.

Ms Rackard said another jury could have reached a different decision.

“I am not sure things have changed that much because of one case, particularly when it is a jury decision. Each case’s circumstances are peculiar to that case. It could be a completely different outcome on another week,” she said.

“I don’t think it is a licence to shoot anybody that comes to your door. You will still be facing charges. The standard is still reasonable force,” said Ms Rackard.

“Self-defence and using reasonable force are commensurate with the amount of force used against you. It has always been ‘’using reasonable force’ proportionately. This is why this case is so controversial. There is some uncertainty now. It is another area where the government is going to have to legislate on. I would be reluctant to say this case has changed things dramatically,” she said.

CLARE County Council has admitted that the delay in repairing damaged crash barriers on one of the counties busiest dual-carriageways is unacceptable. The Local Authority has blamed the six week delay on heavy workloads.

The council, which is responsible for crash barriers within Clare, says that two to three weeks would be considered an adequate timeframe to repair or replace damaged barriers but at the moment it can take up to twice as long.

Many local authorities across the country are also slow to carry out repairs to damaged barriers despite being provided with funding from the National Roads Authority to do so. Clare County Council says the availability of contractors to carry out the work is the main problem in Clare.

The National Roads Authority has also confirmed that there is a problem in many areas with delays in repairing damaged barriers. Funding is provided to councils for maintenance and operations of roads and this includes repairs to crash barriers.

The money is provided from the NRA’s National Primary Maintenance Budget.

A Road Safety Authority spokesman said that if the barriers are damaged they are no longer capable of doing the job they were intended to do, which is to try and protect motorists and to help prevent cross-over crashes where vehicles end up on the opposite side of the roadway in the path of oncoming traffic.

“Damaged barriers should be repaired as soon as possible because the risk always exists that where a barrier has been compromised, another collision could happen at that location,” the RSA said.

A council spokesperson said they try to repair damaged crash barriers as soon as is practical but it is difficult to source a contractor to repair barriers.

“We have installed 50 kilometres of new crash barrier in the past year and the amount of crash barrier installed nationally is phenomenal, thus putting pressure on the few available contractors.”

At one location near Bunratty, a 50-metre stretch of the three-cable crash barrier was levelled in a recent collision. There are also at least three other locations along the busy roadway where the different types of barrier have been damaged.

The NRA recently confirmed that it has opted for a concrete barrier system, also known as the Jersey Barrier, for the new section of the N18 eastern bypass of Ennis, which will run 14 kilometres from Dromoland to just north of Crusheen. The almost metre-high concrete wall will run the entire length of the Ennis bypass and is thought to be a safer barrier than others already in use in Clare and across the country.

A YOUNG student designer from Quin has taken top prize in the inaugural Instore Emerging Student Design Awards. Conor Maguire, who is a student at Limerick College of Art and Design, won a cheque for €500 and a trip to the Maison D’Objet international interior design exhibition in Paris.

The award scheme, established by Instore, the leading supplier of contemporary furniture and design, in conjunction with Limerick College of Art and Design, is intended to promote avant-garde and creative design among emerging design students.

Students were required to design an item in ceramic that had style and panache but also showed creative thinking.

Conor’s winning creation, along with designs from the competition’s six finalists, was on display at Instore in Ellen Street, Limerick where it had received many positive comments from the public.

Oliver Moloney, Chief Executive of Instore said, “We were impressed by the high calibre of entries from the students and it was difficult to choose between some of the finalists but Conor’s work was a clear winner. We firmly believe that our sponsorship of this competition will further establish Instore as the design-leading interiors company that it is.”

Instore’s sponsorship of the award will run for five years and each year the Art Directors of the College will decide on the subject of the competition and the parameters within which the students must create.

A SHANNON-based aviation leasing firm secured pre-tax profits of $46.8 million according to accounts filed to the Companies Office.

Underlining the buoyancy of the aviation sector in the Shannon Free Zone, GE Commercial Aviation Services Ltd recorded a 24 per cent increase in turnover from $117 million to €146 million.

The company –owned by the US General Electric corporation – is engaged in the leasing of aircraft and engines and the provision of management services to the aviation industry.

According to the directors’ report filed with the accounts, the level of business and the year end financial position were satisfactory and the directors expect that the present level of activity will be sustained for the foreseeable future.

The GE Commercial Aviation Services results follow those of another Shannon-based aviation company, Shannon Engine Support Ltd, which although employing only 16 people recorded a profit of $46 million in 2005.

The GE Commercial Aviation figures show that the company has accumulated profits of $335.8 million with pre-tax profits up slightly on the $46.3 million recordeded in 2005.

The company employed 109 workers at Shannon in 2005 with a salary bill of $20.3 million while the remuneration for directors was $2.7 million. The accounts also show that the firm’s parent company contributed $930 million to the accounts last year bringing the overall capital contribution to $1320 million.

THE population of Ennis will reach ‘critical mass’ by the year 2020 if the town boundary remains its current size, a committee heard last week.

It is predicted that at the current rate of growth the population of Ennis will hit 48,000, which is 8,000 more than predicted in the National Spatial Strategy for 2002-2020.

The issue was being discussed in relation to the proposed extension of the town boundary at a meeting of Ennis Town Council’s Social and Economic Development Municipal Policy Committee.

At the meeting Town Clerk Eddie Power said, “The population of Ennis, at the town centre and environs, currently exceeds 24,000.

“It was predicted that this would rise to 40,000 by 2020, but if the figure keeps going up it would be 48,000, which would represent critical mass.”

Mr Power added that any extension would have implications for the effectiveness of local government, the structures in place and the coherent promotion of the town.

Following a proposal from Cllr Peter Considine (FF) the committee opted not to discuss the matter further.

The deadline for submissions from members of the public passed on Friday, December 15.

In their submission to the Council, Ennis Chamber of Commerce stated that any extension would have to strike a balance between business interests and new housing developments likely to come under the stewardship of the council.

Speaking yesterday Chamber CEO Rita McInerney said,

“The last extension didn’t benefit businesses in the town. The council’s remit extended to take in more houses, but there wasn’t the same growth in business.

“There can’t be a situation where the current rate payer base is paying for an increased number of houses.

“We wouldn’t be totally opposed to it as long as they undertake a balanced analysis.”

The current town boundary extends as far as the turn for Ballyalla, past the West County on the Clare Road, past the Golf links on the Miltown Malbay Road, beyond O’Sullivan and Hansbury on the Kilrush Road and as far as Hill Crest housing estate on the Tulla Road.

In 1988 the Minister for the Environment extended the Urban Boundary of Ennis. Ennis is identified as a “Hub Centre” in the National Spatial Strategy and as such is designated as a regional growth development centre.

ENNIS Chamber of Commerce has given a cool response to Ennis Town Council’s decision to raise commercial rates for the forthcoming year.

While welcoming the increased level of funding for the promotion of Ennis, the chamber fears the rate rise is not good news for small businesses struggling to compete with large scale developments.

Members of Ennis Town Council last week approved the 2007 budget which provided for a 4.8 per cent rise in commercial rates.

In his report Town Manager Tom Coughlan stated the rate increase represented a “slight decrease on the on the rate of increase in 2006”.

But according to the CEO of Ennis Chamber of Commerce, Rita McInerney the rise is an extra and unwelcome financial burden.

“Even if it is low, no business wants to rates go up. Its twice the annual rate of inflation, which is predicted at 2.4 per cent for the coming year….These are extra costs being placed on businesses. Our priority should be to encourage the individual uniqueness of the town. We need a mix of multinational and local shops, independent traders should not be squeezed out.”

She also revealed that some local businesses may refuse to pay water rates after recent problems with the Ennis water supply.

“We think a rebate scheme for businesses in Ennis should be looked at. It was placing a lot of extra costs on businesses, whether they had to buy in ice or water for just cleaning food. Some of them may go as far as withdrawing paying water rates. They are paying for a service but are not able to use it.”

€65,000 has also been allocated in the Budget for the promotion of the town while a further €20,000 is to be given to the Promote Ennis group.

In order to build on the Tidy Towns success of recent years, the council has set aside €100,000 for the enhancement of lanes in the town.

These initiatives have been welcomed by the chamber along with the decision not to increase car parking charges.

“There was a lot of positives in the budget. The money for the lanes is very welcome, it is something that the president John Madden has prioritised and is something that has repeatedly come back in the Tidy Towns reports.”

PLANS have been lodged with Clare County Council to construct a substantial park ‘n ride facility in Liscannor for the €31.5 million Cliffs of Moher Visitor Centre.

The plans by the Mermaid Partnership form part of the first signs of a private sector involvement in the visitor centre which is now nearing completion. The outline planning application is for the construction of a park ‘n ride facility with a retail development which will consist of five buildings and 352 underground car-parking spaces and 10 bus-parking bays.

The site located on the northern side of the R478 in Liscannor village is zoned for park and ride facilities in the North Clare Area Plan.

John D Flanagan of the Mermaid Partnership confirmed that outline planning is currently being sought from the Council.

“The Council’s decision will dictate when an application for full planning permission will be submitted. A timeframe on an approximate start up date for the proposed park and ride service to the Cliffs of Moher will be made once such an application is submitted. We are anxious to proceed with the proposed development as early as possible.”

“The overall proposal has the potential to contribute hugely to the overall development of the tourist sector in Clare while creating considerable employment opportunities in Liscannor and the north Clare area.”

North Clare councillor, Martin Conway (FG) said he was supportive of the application, provided that it met all the criteria.

“Park ‘n ride for the Cliffs of Moher is the way to go. When you look at the poor quality of road structure around the Cliffs of Moher, anything that will reduce the volumes in terms of traffic is a welcome development.”

“The development of a park ‘n ride facility at Liscannor is also fulfilling another objective of spreading the benefits of the new visitor centre around north Clare. It will benefit Liscannor and I would be hopeful for park and ride facilities at Ennistymon, Lahinch and Doolin”, he said.

A decision is expected on the application in 2007.