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A JUDGE has said he will halt legal payments to solicitors from November onwards if clients fail to show up in court.

Judge Patrick Durcan told a sitting of Ennis District Court on Wednesday that from November 1 onwards he will start making orders for the non-payment of legal aid if accused persons fail to attend court dates.

Judge Durcan signalled his intent to halt some legal aid payments in September when he was critical of the high number of people not turning up in court.

On Wednesday Judge Durcan said the day is gone where Ireland can afford to fund people who show “total disregard” to institutions who are there to serve them.

His comments came as he issued a bench warrant for a man who had failed to show up for his case.

He told defence solicitor Tara Godfrey that this was the second occa- sion he had issued a bench warrant for the accused.

Ms Godfrey said it was unfair for practitioners to be penalised for their client’s absence. She said that by not paying solicitors, the court “effectively says our work is worthless”.

She told Judge Durcan she could not understand where he was coming from on the matter.

Judge Durcan said he was unhappy with the tone of Ms Godfrey’s comments, adding that he was willing to discuss his decision with a solicitor’s representative.

Judge Durcan added that the payments would only be withheld in situations where clients failed to show up. He said solicitors would still receive the initial assignment payment.

For a first court date solicitors can receive a maximum payment of up to € 201 for the first two cases in respect of one defendant, € 120.88 in relation to each subsequent case and € 50.39 for each subsequent hearing days.

A HORSE, who was trapped in the River Fergus for a number of hours or even days, is recovering well after her ordeal.

The horse entered the river close to Victoria Court area on the Lahinch Road and became trapped an unable to free itself. A passerby noticed the animal and contacted the authorities who came to assist the stranded animal.

The animal could not be coaxed closer to the bank of the river, so Clare County Council’s dog warden, Frankie Coote, was forced to don his swimming gear and enter the river. After some effort the horse was rescued from the Fergus and is recovering well.

“We got a report that there was a horse stuck in the River Fergus just off the Lahinch Road, behind Victoria Court. The horse had obviously been there quite a long time it was very cold weak,” said Frankie.

“Unfortunately the horse could not be caught from the banks so I had to swim around trying to get near the horse it took just over half hour to get the rope on. Garda Colin Egan and Garda Damian Quaid were there to help and we were able to find and notify the owner.

“I would like to say thanks to everyone that helped and especially to Pat Tierney from Drumcliff stables who often would help. Thankfully the horse is now recovering well.”

This dramatic rescue comes less than a month after a healthy horse choked to death when it became entangled in a rope used to tether it on the outskirts of Ennis in September.

Indeed, horses have had a number of difficult years in the county. Horse ownership grew dramatically during the Celtic Tigers years with a number of people not able to afford to maintain their animals once the recession hit.

THE family of a Kilfenora man Brian McMahon, who tragically lost his life in California over the weekend, flew out to America yesterday to be with his wife and children.

Father of two Brian McMahon was killed in a car accident in the Californian city of San Rafael on Friday morning last. Mr McMahon, who is 46 years old and has been living in America for a number of years, was out walking close to his home just before 8am, local time, when the ac- cident took place.

The exact details of the accident are not yet clear but it appears that Mr McMahon was struck by a single vehicle on the street close to his home at 7.45am. Emergency first aid was given to Mr McMahon at the scene at he was rushed by ambulance to Kaiser Permanente Medical Center where he was later pronounced dead.

“San Rafael police officers and San Rafael paramedics located an unconscious 46-year-old man lying in the roadway. Life saving measures were immediately initiated. The male sub- ject was transported to Kaiser Hospital where he was pronounced dead on arrival,” said a spokesperson from the local police department.

“The driver of the involved vehicle remained on scene and called 911 to report the collision. Numerous bystanders were interviewed at the scene.

“The driver fully cooperated with the investigation. At this time, it appears neither alcohol nor any other impairment was present or a factor in this collision. The involved vehicle was taken for a thorough inspection.”

Police are reportedly investigating the possibility that the driver may have been blinded by the bright morning sun and did not see see Mr McMahon out walking. Mr McMahon was home in Clare in August and was due to return with his sons for the All-Ireland hurling final but was unable to do so because of work.

Mr McMahon is survived by his Tipperary born wife and his his two children aged 13 and 11 years old. He is also survived by his father Murty McMahon, his American-based brother John and a number of siblings based in the North Clare area.

THE Health Service Executive (HSE) advised last evening (Monday) that all patients who will be affected by today’s strike by junior doctors would already have been contacted by phone.

The health service was not able to say however how many operations, clinics and medical procedures at Ennis Hospital and the University Hospital Limerick have been cancelled as a result of the industrial action.

All appointments have been reviewed, theatre-by-theatre, clinicby-clinic, for all hospitals in the University Limerick group including Ennis Hospital, University Hospital Limerick, University Maternity Hospital, Nenagh Hospital, Croom Hospital and St John’s Hospital.

“The message we wish to give to the public is a simple one, if your procedure or operation has to be cancelled you will be contacted directly by phone call. If you do not hear from us you should present to the hospital as normal,” a spokesperson for the hospital group said.

Any patient appointment that has to be cancelled will be rescheduled he added.

Urgent care for areas such as oncology, dialysis and emergency will be provided. This means that the Emergency Department in Dooradoyle will be open and also the local injuries units in Ennis, Nenagh and St John’s hospitals.

More than 3,000 medical doctors will force hospitals into a Sunday standard service from 7am to midnight in an unprecedented action over working hours.

Junior doctors have warned that tomorrow’s one-day strike may not be the last as negotiation with the HSE fail to find a resolution to the issue of non-consultant doctors working shifts of more than 24 hours. Tue8October13

A HOMEGROWN Clare company that has been in business for 34 years has been acquired by one of the world’s largest elevator companies.

In a statement last week, American giant Kone announced that it had purchased Ennis Lifts, a local company specializing in the supply, installation, modernization and maintenance of elevators, escalators and autowalks.

Ennis Lifts Limited was founded in 1979 by C.P. McGuinness. Since then Ennis Lifts has grown to become the largest national lift and escalator company in Ireland, also serving Europe and the Middle East.

A statement on the company’s website states, “The cornerstone from which the company has developed has been providing excellence at all levels to our customers, thus becoming specialists in the supply, installation, modernisation and maintenance of lifts, escalators and walkways.”

Kone’s executive vice president and area director for central and north Europe, Ari Lehtoranta said the company is “delighted” with the purchase of Ennis Lifts.

“We are very pleased to have Ennis as a part of Kone. The acquisition will strengthen our business in the challenging Irish market.”

According to Kone, Ennis will continue to operate as a separate company under its current name and brand.

Kone is one of the global leaders in the elevator and escalator industry. In addition to manufacturing elevators, escalators and automatic building doors, it provides maintenance to its global customers. Worldwide, it employs about 35,000 people including 325 in the Quad-Cities, a group of five cities on the Illinois / Iowa border.

The company’s North American headquarters are located in in Lisle, Illinois. Kone Americas’ operations centre is at Kone Centre in Moline. The company has an escalator plant is in Coal Valley, Illinois.

No one from Ennis Lifts was available for comment when The Clare People contacted the company yesterday.

AS NEW hurling Clare heroes were being written into the sporting annals on Saturday, a former Clare hurling great was inaugurated into a sporting hall of fame in Limerick.

Sean McMahon was one of the first 16 sports stars of all disciplines to be inaugurated in the new University of Limerick Sports Hall of Fame at the University Arena.

While he was shouting on his fellow Clare men on the pitch in Croke Park, miles away, back in Limerick, UL President Professor Don Barry announced the Doora Barefield man as one of the country’s sporting heroes at an event in the university.

Regarded as one of Clare’s greatestever hurlers, the 40-year-old holds the record as the highest scoring back in All-Ireland Championship history with 0-97 from 51 games.

In his book, ‘Raising the Banner’, Clare hurling manager Ger Loughnane famously said of the hurling star, “There are men, then there are men, then there’s Sean McMahon.”

The event on Saturday was open to members of the public to attend free of charge and was followed by a live screening of the replay of the All Ireland Hurling Final between Clare and Cork on a large screen at the University of Limerick Sports Club.

The other inaugural University of Limerick Sports Hall of Fame inductees were Dr Sarahjane Belton Rugby; Brian Mullins – Gaelic Football; Eimear Cregan – Hockey; Seán O’Grady – Paralympic Athletics; Jimmy Deenihan – Gaelic Football; Eddie O’Sullivan – Rugby; Gerard Hartmann – Triathlon; Ciara Peelo Sailing; Dr Liam Hennessy – Athletics; Ray Silke – Gaelic Football; Dr Eddie Keher – Hurling; Pat Spillane – Gaelic Football; Carmel Vekins Kayak and Canoe Polo; Tony Ward – Rugby and Sinéad Millea – Camogie.

BOAT owners are being encouraged to install tracking devices after a raft of engine thefts from Clare piers in recent days.

A Mariner 65 HP engine was stolen from a boat at Seafield Pier in the early hours of Sunday morning. Thieves pulled the boat ashore and the engine was forcibly removed. Engines were also stolen from boats at Doonbeg pier overnight between Friday and Saturday and overnight between Wednesday and Thursday.

One of the stolen engines was valued at € 16,000. Sgt Joe Downey, Crime Prevention Officer, said Gardaí have not received many reports of suspicious activity as passers by may think thieves are actually the owners working on a boat.

He is encouraging boat owners to install tracking devices on engines. Similar devices are required by insurance companies for the owners of cars valued at € 50,000 or more.

The owners of JCBs can also use tracking devices to send out text messages to alert when machinery has been moved outside a certain set area.

Sgt Downey explained, “People are going to have to seriously ask themselves is it really necessary to keep engines overnight at piers? And if so have they installed tracking devices. A well installed tracking device can be be very useful.

“For instance tracking devices are very useful in laptops. People should seriously consider installing tracking devices when the value of the item is high.”

Despite a small number of breakins around the county over the AllIreland weekend, Sgt Downey said homeowners and businesses are heeding advice for someone to keep an eye on properties during major events.

“When the whole county is gone to the All-Ireland final, someone has to stay behind to mind the house. A lot of people heeded that advice. We had a couple of break ins in that period (match) and one that happened around the time of the homecoming on Sunday”.

A number of items were stolen from a houses in Newmarket and Corofin between Saturday and Sunday morning. A ladies handbag was stolen from a house in the Drumcliff Road area of Ennis between 6pm and 10pm on Sunday night.

Thieves ransacked house in the Hawthorns estate on the Limerick Road overnight between Sunday and Monday. The rear window was forced open.

CLARE County Council is working to remove a planning law which requires all building projects at Shannon Airport to be first lodged with an Bord Pleanála – no matter how small the project.

Under current planning legislation, the national planning authority must assess every development at the airport to see if it qualifies as a Strategic Infrastructure Development (SID).

However, as the vast majority of development are too small to gain SID status, this requirement is effec- tively slowing the planning process by adding an unnecessary layer.

“If somebody wants to build a chicken coop at Shannon Airport, it has to go to an Bord Pleanála first to be determined if it is strategic infrastructure,” said Director of Service for Clare County Council, Ger Dollard.

“In most cases they [an Bord Pleanála] say that it is not as SID and it reverts back to the normal planning process. What people would prefer is that development that are clearly not of strategic important should go into the normal planning process.

“By going to the board and then having to come back to Clare County Council actually lengthens the planning process. In fairness to them [an Bord Pleanála] they have agreed to deal with submission after 21 days and they have stuck to that so far.”

A review of this planning law was recommended in the report of the task force into the future of Shannon Airport.

Under the current law all airports with passengers great than two million people per year must submit every development to an Bord Pleanála. While Shannon Airport has just 1.4 million passengers last year, the national planning board have included them in the SID process as they deem that Shannon has the potential to exceed two million passengers per year.

“Our optimum goal would be that any development at Shannon Airport would not be seen as a SID and would come to us. That may not happen but I think that something could be done regarding the minor development,” continued Mr Dollard.

“We are working with the airport on a number of issues and I think that everyone is working very well together. There is a serious intent there collectively to get the airport to grow in tourism terms and economic terms and in any other way that we can. Everyone is really up for achieving that.”

WITH Clare already on a natural high following last Saturday’s AllIreland final victory over Cork, the county is now preparing to enter the stratosphere with the news that a new form of cannabis has been named after famous Banner witch, Biddy Early.

The seed, which is one of five new strains developed in recent years by Magus Genetics in Holland, is described as growing to between 1.8 metres and 2 metres high and is ready for harvest in early October.

Selling and buying cannabis seeds is currently legal in Ireland but cultivating these seeds for person use of sale is a criminal offense. The Biddy Early strain has been specially bred to allow it to grow outdoors in a European climate.

Biddy Early is synonymous with Clare hurling because of the 81-year curse which the East Clare woman placed on the Banner county.

According to the Marijuana.com website, the Dutch company chose the Biddy Early name because her connection with witchcraft.

“Biddy Early is named for a 19th century woman accused of witchcraft, whose story became the subject of folk ballads and entered Irish legend. Magus, from the Latin for ‘priest’ or ‘sorcerer’, felt kinship with Biddy Early’s plight given the similarity between the witch hunt hysteria in times past and the current war on drugs.

“Biddy Early is the first variety that Magus genetics specifically formulated for outdoor gardening in temperate regions. Although an even mix of sativa and indica, this plant exhibits the strong lateral growth typically seen in sativas.

“Biddy likes to branch out. The branches are very elastic and pliable, easily trained or tied like vines to suit the available space. Outdoors, this suppleness makes the plant storm proof or resilient to harsh weather.”

The seeds are no longer available from Magus Genetics who have transferred distribution rights for Biddy Early to another Dutch company, Serious Seeds.

Magus Genetics were unavailable for comment yesterday, either about the Biddy Early seeds of Clare All Ireland success.

AFTER lying empty for almost a month, the old Ennis National School will re-open on Friday for the upcoming referendum.

The building has traditionally served as polling station for elections and referendums and will swing open its doors once again on October 4.

The site has been practically vacant for the best part of a month since pupils and teachers moved to the new school building at Ashline at the start of September.

The project involved the construction of a new 32-classroom school including ancillary accommodation. The design is of a St Bridget’s Cross layout – a central area with four separate wings of eight classrooms ema- nating from the core.

The school has moved from its former site on the Kilrush Road near Carmody Street where it had been located since 1973.

Ennis Town Football Club, who have been based at the Kilrush Road for a number of years, have retained the use of the pitch and dressing rooms at the old site but the building has been vacant. The Ennis Parish Council were asked about the possibility of opening the builder to cater for voters on referendum day.

Electricity will also be re-connected at the building this week. Polling cards have already been printed bearing the name of the old school. Voters are being asked to decide whether or not to abolish the Seanad and whether or the country needs a new Court of Appeal.