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A BOOK of evidence is due to be served next month on a 48-year-old man charged with possession of child pornography.

The man, who cannot be named by order of the court, made his second appearance at Ennis District Court on Wednesday.

It is alleged that the man, on dates unknown in September 2009 in an area of Clare, did knowingly have in his possession child pornography, to wit, five images of a child under the age of 17, engaged in illicit sexual activity or witness to illicit sexual activity.

Inspector Michael Gallagher told the court the book of evidence was not ready and the State required a further four weeks.

Judge Patrick Durcan granted an extension of time for service of the book of evidence.

Defence solicitor Daragh Hassett applied for reporting restrictions previously placed on the case to continue to apply. Last month, Judge Durcan approved a defence application for the identity of the accused, his address and the location of the alleged offence not to be reported on.

On Wednesday, Judge Durcan said reporting restrictions still apply to the case.

The man was remanded on continuing bail to appear again at Ennis District Court on November 13.

THREE members of the same family charged over a row that occurred in the grounds of Ennis Courthouse earlier this year will be sentenced next month.

Adjourning sentence at Ennis District Court last week, Judge Patrick Durcan said, “It’s just the gross lack of regard for law and order is what troubles me.”

His comments came as a solicitor admitted there were times this year when legal practitioners feared for their safety due to a spate of disturbances.

Details of a public order incident were heard at Ennis District Court on Wednesday where Michael Molloy (19) and sisters Laura Molloy (22) and Rose Mahon (23), all with addresses at Bay 2 Ballaghboy Halting Site, Quin Road, Ennis pleaded guilty to engaging in threatening and / or abusive behaviour with intent to provoke a breach of the peace at Ennis Courthouse on June 19.

Laura Molloy and Rose Mahon also pleaded guilty to failing to comply with the directions of garda.

Inspector Michael Gallagher told the court the altercation developed when two groups of people met in the grounds of the Courthouse on a day of scheduled sitting of Ennis District Court.

Defence solicitor Daragh Hassett said Michael Molloy was pursued into the courtroom by a woman who “read him chapter and verse.”

The court heard Laura Molloy then received a phone call from the woman who told her she wished to make peace. A large number of people then gathered outside the Courthouse where a dispute developed.

“Not only was there no peace talks but war had been embarked upon” explained Mr Hassett.

Mr Hassett said there had been a period in the first half of the year when the Courthouse had been the venue for a number of rows and dis turbances. However he told Judge Durcan there had been a significant improvement in recent months.

“There was a period in here, two months, where you would fear for your safety,” he added. Mr Hassett said his clients wished to apologise profusely to the gardaí and court. Judge Durcan said it is important that people can come into the court and not observe “wild west lawlessness”.

He said it was his job to ensure respect is maintained and given.

He said this was a most serious offence and he required time to consider sentence. The case was adjourned to November 6.

A FORMER air-hostess who repeatedly breached a protection order sought by her former boyfriend has been warned that the courts are not a crèche.

Siobhan Downes (34), with an address at Childer’s Road, Ennis appeared in Ennis District Court last week charged with breaching the order on October 3.

Last month, Ms Downes avoided a jail sentence after pleading guilty to six separate breaches of a protec- tion order originally imposed by the court in February.

At the time, the court heard Ms Downes’ former boyfriend secured the order after the breakdown of the couple’s relationship.

In court last month, Judge Patrick Durcan said that Ms Downes had been unable to get over her infatuation with the man resulting in the successive breaches.

He said he would not impose a custodial sentence on condition that Ms Downes attend for regular psychiatric treatment. On Wednesday, the court heard Ms Downes had spent the past 10 days in custody after being arrested for the latest alleged breach.

Defence solicitor Turlough Herbert asked Judge Durcan to reduce his client’s bail terms from a cash lodgment of € 2000 to € 1000.

Inspector Michael Gallagher opposed the application. “This is a very serious case. I’d be loathed to accede to that request”, he said.

Judge Patrick Durcan said he had sympathy for Ms Downes, noting she has a very serious psychiatric illness. He said the court has the greatest sympathy for Ms Downes but must also protect the injured party. The court heard the man has now left the jurisdiction.

Judge Durcan reduced the terms of the independent surety required for bail to € 1000. Ms Downes was remanded in custody with consent to bail to appear again in court tomorrow (October 23).

Judge Durcan warned that if Ms Downes breached the agreement again he would deal with the matter. “This court doesn’t run a crèche for middle aged people”, he added.

WHAT exactly happened behind the scenes of Clare’s thrilling All-Ireland senior hurling title win?

If you want to find out then you’re in luck, The Clare Hurling Supporters Club as part of their fundraising efforts for the upcoming team holiday, are releasing a behind the scenes DVD of their remarkable season.

The DVD, which will be available to buy in shops in November, features exclusive behind the scenes footage that includes peeks inside the Clare dressing room during championship matches, training sessions, team talks and players personal recollections of an incredible summer’s hurling.

The squad allowed a camera access to the dressing room, as well as team meetings and training sessions throughout the season and countless hours of footage are now being edited into ninety minutes of previously unseen history.

The hurlers are expected to travel for a team holiday towards the end of December and as part of the fundraising efforts for the All-Ireland champions, the supporters fund are releasing the historic DVD, an official team calendar, official Clare team Christmas cards and the official team photograph.

MORE than € 4 million will be leaked out of the Clare economy in 2014 because of a drastic cut in the number of Clare farmers eligible for Agri-Environment Options Scheme (AEOS) – formally knows as REPS.

In excess of 750 Clare farmers will come to the end of their current AEOS deal over the next 12 months, with no fresh scheme coming in 2014 following last week’s budget. The scheme, which compensated farmers for conducting environmental improvement on their land, has been dramatically cut since the start of the recession in 2007.

The lion’s share of the money allocated under AEOS payments is spent almost immediately by farmers, either on building materials or labour, meaning that this € 4 million cut will have a massive knock-on impact on the wider rural community.

“The loss of the environment scheme [AEOS] is a major blow for the county. These 750 farmers in Clare will now be spending € 4 million less in the local economy next year and that is going to effect the entire rural community. We are not talking about farmers alone here,” said Andrew Dundas, Clare IFA chairperson.

“Farmers are in a situation now where they are sending every bit of money that is coming in. You have to spend the money to be in these environment schemes and this loss will be felt by the whole comunity.”

There was some good news for Clare suckler farmers in the budget with the introduction of a € 60 calf grant. The payment will come in part from a new Beef Genomics Scheme and the Beef Data Programme and will effectively replace the old suckler scheme.

Beef or suckler farms are by far the most common form of agriculture practiced in Clare but the county’s sucker herd has fallen from a high of 76,000 in 2011 to an estimated 60,000 today.

THE HSE has paid tribute to the staff at Ennis Hospital following the hospital’s most successful HIQA report to date.

Dr Con Cronin, Clinical Director for Medicine at the University Hospitals, said the hospital would also be addressing any of the deficits highlighted in the overall positive report.

“I would like to thank the staff of Ennis for their commitment to the hand hygiene programme and welcome the positive report from HIQA. We are committed to improving patient safety and the environment for patients and the report identified evidence of good practice in Ennis Hospital. We are implementing our action plan to address the deficits identified and build on the areas where we have demonstrated good practice,” he said.

“The Hospital Group recognises the importance of hand hygiene and its significant role in infection control prevention and has been working to improve hand hygiene compliance.

“Ennis Hospital provides hand hygiene training to all staff, this is mandatory training and repeated frequently. Unannounced hand hygiene audits by senior clinical staff within the UL hospitals are carried out to ensure that compliance and training is prioritised. The hospital is implementing an action plan to address any deficits identified and to build on the areas where good practice has been demonstrated,” he concluded.

FINANCIAL issues, debt and the 2014 Budget announced on Wednesday are seriously impacting on the mental health of the county.

According to those on the coal face, including Clare MABS co-ordinator Denis Corbett and psychiatrist Dr Moosajee Bhamjee, more and more people are presenting at their offices with anxiety and depression directly associated with financial worries.

“It has been the cause of a number of suicides as well. It is a major issue. We are now getting people in families, wives and husbands – who are worried. People think it is only contractors and builders or business people who owe a lot to the bank that are coming,” said Dr Bhamjee who reported mental health issues related to financial worries are increasing in the county year on year.

“We are seeing people with anxiety and that anxiety is turning into depressive symptoms.”

He said there is also a resulting increase in alcoholism and marriage disharmony.

“People are accustomed to a certain standard of living and now find it difficult to adjust. A lot of people need tranquillisers to calm down and maybe sleeping tablets at night. Other people are using yoga and doing some light exercise to help,” he said.

“The whole society is stressed at the moment. This budget has put more stress on mental health, more so on the elderly,” said the psychiatrist and former Labour TD.

“Counselling does give people help, support and reassurance. It might not be able to solve their financial issues but it can provide a way of coping with stress.”

Mr Corbett agreed that MABS in Clare is also seeing an increase in people with financially related anxiety and depression seeking help.

“When your basic needs are threatened then you are in trouble,” he said.

MABS is calling for a working group to be established to develop and agree mental health guidelines for banks and lending institutes so that people in debt with mental health issues are treated appropriately.

“It is about support. It is not that people don’t want to act, it is that they can’t and need support,” he said.

On Friday at a special seminar on Budget 2014 in Ennis chairperson Dermot Hayes said, “This is the seventh year of budgets cuts on welfare recipients and low income families. Pushing people further into to cutting essentials. That enable them to live a quality of life and to sustain reasonable health and lifestyle.”

A DECISION on bail for a 78 yearold man charged with rape and indecent assault is due to be made at Ennis District Court tomorrow.

The man is facing 24 counts of indecent assault and one count of rape contrary to the Offences Against The Person Act 1861. It is alleged the alleged offences were committed between 1971 and 1980 in areas of Clare.

The man is currently in custody on remand following a bail application at Ennis District Court Wednesday.

The court heard the man denies all charges and intends to contest the case fully. He was originally brought before the court on Thursday, October 10.

On Wednesday, defence solicitor John Casey told the court his client was applying for bail. Inspector Michael Gallagher said the State strongly objected to bail for the man, who was described in court as a Jehovah’s Witness.

Detective Garda Donal Corkery told the court gardaí objected to bail on a number of grounds including the seriousness of the charges and their belief the accused is a flight risk. The court heard the man has lived in a number of countries around the world. Det Corkery said he believed the accused would leave the jurisdiction if granted bail.

The accused’s wife told the court the couple intend to remain in Ireland for the duration of legal proceedings. The man told the court he has no reason to leave the country. “I’ve no intention of running. I’m going to face these charges,” he said.

Judge Patrick Durcan said he was reserving judgment on bail to tomorrow. The man was remanded in custody to appear again at Ennis District Court on Wednesday, October 23. Reporting restrictions have been placed on the case.

HIP replacement patients from County Clare gathered in the Old Ground Hotel yesterday (Monday) to hear from a law firm that is taking a group action against the firm that manufactured their faulty hip implant.

Personal injuries law firm Peter McDonnell and Associates are already representing 30 Clare patients who received a hip manufactured by De Puy ASR, a subsidiary of Johnson and Johnson, between 2003 and 2010.

In 2006 the company ceased to sell any more of the implants in America, but continued to import them into Ireland and Europe.

On August 24, 2010 there was a worldwide recall on the hip implants, with patients reporting side affects from the prosthetic.

The implant was constructed of metal, and those with the implants are now subjected to on-going blood tests and scans amid fears of cobalt poisoning. Those that are found to have a high level of cobalt in their blood are then advised to have the DePuy hip removed and replaced with an alternative.

Mr McDonnell said that while to date DePuy has paid for the replacement costs of removing the hip, after care for patients, scans, blood tests and other associated costs, patients must take a case to cover any costs resulting to further damage as a result of metal poisoning.

The legal firm behind the suit un- derstands there are 170 more Clare people affected by the faulty implant and have advised them that it is not too late join the civil action.

DePuy ordered a recall of the medical device in 2010.

One woman from Kilrush who attended yesterday’s meeting, and did not wish to be named, said she was very worried.

In February 2009 she received her DePuy hip replacement, but after the operation suffered great discomfort.

In October that year, the surgeon operated on her hip again in a bid to fix the problem.

“That was two in the afternoon, at one that night I was back in surgery and had to have the whole thing replaced,” she said.

As it was 2009 she once again received a metal hip replacement and is now concerned about the longterm affect.

“I have had the blood tests but I never got the results, and my doctor can’t read them. I am worried,” she said.

Mr McDonnell said that the reading of the blood tests differ greatly from America to the British reading used in Ireland and can lead to a lot of confusion even among the medical profession.

The Kilrush lady said she was now considering yet another surgery, and would be looking for more blood tests and scans.

As there are no class actions each person must file an individual claim, according to the law firm.

When it is over a per centage of the claim is paid in fee to the firm.

A SUICIDE prevention and support group for teenagers set up in Clare last year has expanded its focus to include older people, due to an ever increasing need and demand. Mark Winder, who set up the organisation The William Winder Rainbow Foundation with his wife Caroline in memory of their teenage son, said the charitable organisation has expanded significantly during its first year. “We had to expand, we didn’t have a choice. “The need was there, especially among the farming community,” he said. The organisation currently employs 15 specially-trained councillors who provide counselling sessions to peo ple who may have suicidal tendencies. Doctors and Gardaí have also started to refer people to the charitable organisation, set up in memory of a young man who had dedicated himself to fundraising and helping others. “Every suicide I hear about is personal to me,” said Mark who continues to grieve for his 15-year-old son who took his own life before his junior cert exams. “I believe helping people in need is a fitting legacy to our son.” Caroline paid tribute to the many people who support the foundation. “It would not be possible without the community who came out and supported the annual fundraising event again this year,” she said referring to the Mardi Gras Ball held in the Bellbridge Hotel at the weekend. Anyone wishing to contact the foundation or any of its counsellors can do so through the website Williamwinderrainbowfoundation.ie or through their local GP. All calls are dealt with in strictest confidence.