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Clare Deputy tabled Dail question over sex offender’s prison sentence

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.”

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Halifax employees generate millions

A SHANNON-BASED multi-national company generated almost a million euro for every member of staff employed at the company in 2005.

According to accounts filed to the Companies Office by Halifax Insurance Ireland Ltd, the company generated €364 million (£244 million) to the end of December 2005.

In 2005, the company employed 264 staff at its Shannon base, however, the company’s profits plummeted from €185 million (£124 million) in 2004 to €59 million (£40 million) in 2005.

The drop in profits is due mainly to acquisition costs in 2005 of €189 HOWEVER, if Deputy Breen was aware of the facts, Mr O’Gorman said it was extraordinary that he would inquire into the possibility of an early release of a sex offender.

“One in Four has cited this case involving Mr Nugent over the years as how the Criminal Justice System fails victims of sex abuse. The sentence given to Mr Nugent was derisory and it would be a travesty if he secured an early release in the case.

“The abuse perpetrated on one of the young boys started when he was eight and continued for six years two to three times a week. Nugent said million.

The company paid out €83 million (£46 million) in claims in 2005 – down from €91 million (£81million) in 2004.

The company’s has accumulated profits of €388 million (£260 million), and has assets of €801 million (£537 million). It was voted in the top 10 of Ireland’s employers in 2004 and No 1 in the 250-500 employees category.

Halifax Insurance Ireland is a subsidiary of HBOS plc (Halifax Bank of Scotland).

The company accounts state: “The commission rates paid by Halifax Insurance Ireland Limited to BOOS General Insurance were altered durthat his cattle meant more to him than the boy he abused and had not shown any remorse for what he did.”

Deputy Breen said he tabled the Dail question after being approached by a relative of Mr Nugent at a clinic to inquire into the question of early release.

“I was not making representations on behalf of Mr Nugent and I wouldn’t be in favour of an early release in the case. It was a terrible case. I put down the question to establish the facts and receive factual information in response to a request from a relative of Mr Nugent. There is nothing more to it.”

He said he was aware that Mr Nuing the year as the result of an independent review carried out comparing market rates to the rates paid by the company in the years 2004 and 2005. This resulted in a significant compensation payment affecting 2005 profits.”

Arising from the accounts, the director’s do not recommend the payment of a dividend.

In relation to principal risks and uncertainties, Halifax has identified a number of risks that are being monitored continuously.

“The company is currently facing deterioration within the UK creditor insurance market; this is a major concern area as the company is reliant at present on UK retail sales. gent was a sex offender but wasn’t aware of all of the facts in relation to the cases.

Mr Nugent was initially sentenced at Limerick Circuit Court to six years on each of 23 counts of buggery and three years imprisonment on 24 counts of indecent assault on a male neighbour and in November, 2004 was sentenced to six years on one count of buggery and six years on one count of indecent assault in relation to another male victim.

In his response, Minister McDowell said: “In view of the very serious nature of these offences, I am not prepared to authorize any form of early release in this case.”

“The company also forecasts a rise in unemployment and as a result will be monitoring loss ratios very closely and accordingly amend reserves.

In relation to future developments, the accounts state: There is also a move to risk based pricing for the unsecured loan products.

This will have the effect of moving from a one price fits all based pricing strategy, to a price that reflects risk on individual contracts.

“A number of initiatives have also been identified as a result of a review on both the Total Mortgage Protection Plan and Credit Card Repayment Insurance products to increase in-force business.

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Brave Sara savours her new life

IT’S a night Sara Keogh will never forget. But neither she nor her family will reveal the date they got a call to rush Sara to Dublin for a transplant. To dwell on it is to touch too closely on the identity of the person whose tragedy has transformed the young Tullycrine girl’s life.

But 15-year-old Sara will be forever grateful to people who found strength to be generous in the depths of terrible grief.

“I really want to thank the donor’s family. This has changed my life. No-one can imagine what it means. I can do things now I was never able to do,” says Sara.

When The Clare People last spoke to the plucky Tullycrine teenager in April, her dearest wish was to be able to eat a packet of crisps and take a bath.

Dialysis 10 hours a day, six days a week, meant she could do neither.

An open wound for the dialysis tube debarred her from playing any contact sports or going swimming and exhaustion left her with a pale reflection of the social life which would be normal for someone her age. Family holidays couldn’t even be contemplated.

But since the night Sara and her parents rushed to Temple Street Children’s hospital under garda escort, all of that has changed.

Sara has tucked into more than one packet of crisps and she can “go swimming, I can go out with my friends and I’m going on the school ski trip to Italy in February – I never thought I’d be able to do that. It’s amazing,” said Sara.

What she notices most, however, is that her energy levels have rocketed.

“I’m not tired all the time anymore. I can stay up until a normal time – and I can eat everything, including crisps.”

Sara’s mum, Mary, agrees that everything has changed for her brave daughter.

“She never complained but I would see her come in from school, white in the face with tiredness. We couldn’t thank the donor’s family enough or, for that matter, Temple Street Hospital, who were fabulous,” said Mary.

The gratitude which organ recipients feel was marked recently at the Irish Kidney Association’s 21st Annual Service of Remembrance and Thanksgiving in Corpus Christi Church in Dublin.

The service – at which recipients and their families remember those who gave the gift of life – will be televised on October 29 on RTE at 11.10am.

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Doubt cast over CAT scan for Clare claims

AS CONSULTANTS at Ennis General Hospital prepared to put the finishing touches to a letter instructing Clare GPs to redirect all patients who may require a CAT scan to Limerick, Fianna Fáil announced that the vital diagnostic tool for Ennis had been signed off, much to the suspicion of the opposition.

Last night Senator Brendan Daly said that the HSE had been in discussions with the Mid-Western Hospitals Development Trust, which has already provided funding for the scanner.

He said that the HSE had now signed off on the installation of the instrument.

His fellow senator Timmy Dooley (FF) said he believed that the agreement was the result of intense lobbying.

But the Ennis General Hospital Development Committee met the announcement with some scepticism.

PRO of the group, Green Party Cllr Brian Meaney said he would take with a large bit of salt any assurance coming from politicians this close to an election.

He said he would not be satisfied until he saw the CAT scan in the hospital.

“We were given assurances that planning permission would be lodged for the hospital development in June and that still has not happened,” he said. Sources confirmed that consultants at the hospital had drafted a letter instructing GPs to direct any patient who “may” need a CAT scan directly to Limerick.

Currently only urgent cases at Ennis Hospital are considered for CAT scanning and these patients are transferred to Limerick by ambulance accompanied by a staff nurse and in some cases a consultant anaesthetist.

“It is estimated that 3,000 scans per annum are required at Ennis Hospital. However, due to lack of facilities, only approximately 1,000 patients receive a scan by transferring to Limerick,” according to Senator Dooley.

Earlier this year in an open letter, the consultants told Minister for Health Mary Harney that they were working in unsafe conditions.

It is believed that ongoing frustration with working conditions and the lack of a CAT scan had forced the consultants to consider such drastic action. Without a CAT scan the hospital is limited in what it can do especially for stroke victims and those presenting with head injuries. The diagnostic tool also speeds up the diagnosis of neck injuries and stomach problems. Meanwhile, the long awaited cost analysis for the first phase of the hospital extension is believed to be completed and has been sent to Dublin for approval.

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AIDS epidemic killing off the county’s cats

TENS of thousands of Clare cats are dying excruciating deaths as Feline Immunodeficiency Virus (FIV) or Cat AIDS reaches epidemic proportions in the county.

The disease kills in a similar way to its human counterpart HIV – attacking the cats immune system and leaving them extremely susceptible to other illnesses, especially cancer.

The disease was first discovered in the county in East Clare in 2001 and has spread to every part over the last four years. While no Ireland-specific research on FIV has been conducted to date, the most recent figures from the UK show that six per cent of British cats are infected.

“When we find them, the cats are essentially dying on their feet,” said Clare Dog Warden, Frankie Coote. “There is really nothing that can be done for them. I know in Dublin they are talking about millions of cats, but I couldn’t put a figure on it in Clare. I know that it is a huge problem; it is bigger than anyone would ever believe.”

The disease is usually transmitted through biting during cat-fights and, for this reason, stray and male cats are at much greater risk of contracting it than female and domesticated cats. The saliva of an infected cat contains large amounts of virus and a single bite can result in transmission of infection.

A small number of kittens born to FIV-infected mothers may become infected in the womb or by drinking infected milk, but sexual transmission is believed to be rare.

“It is a major problem, we have been absolutely inundated with people calling us,” continued Mr Coote. “I know of cases where there are 60 or 70 cats just multiplying in people’s back yards. I have seen it more in feral cats, tomcats mainly, and the only thing you can do is destroy them. They lose massive amounts of body weight very quickly.”

At present, there is no state organisation with specific responsible for cat welfare in Ireland.

“I first came across it in Kilkishen about four years ago, but it is fairly commonplace around the county at the moment. It is right across the board. You get them in town areas a lot, but there is also a problem in the countryside,” continued Mr Coote.

“In Ireland, there are no dedicated cat wardens and the only people who deal directly with cats are the voluntary organisations. We help if we can, but we have to be focused on the dogs.”

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Bonus pay? Alec Fleming won’t say

THE Clare County Manager, Alec Fleming yesterday declined to provide details of bonus payments made to himself and the directors of services this year.

At an adjourned council meeting last January, Mr Fleming confirmed to councillors that a fund of €72,000 had been set aside for the bonus payments for himself and his six Directors of Service in 2006.

Mr Fleming sets the objectives for the directors of service. These are subject to the approval of an external adjudicating panel. The panel decides what percentage, if any of the set-aside fund the directors are entitled to.

Asked by The Clare People if payments had been made under the scheme this year, Mr Fleming replied: “Payments in 2006 under the scheme – if any – are determined in the first half of the year in respect of 2005. It is not appropriate to give information regarding payments under this particular scheme.”

Salaries to Directors of Service for Planning, Roads, Housing etc range from €75,523 to €89,255, while Mr Fleming receives a salary of €109,000.

Last year, Mr Fleming and his five directors of service enjoyed expenses of €46,767.

“There should be no reluctance on the part of the manager to release details of the payments,” said Councillor Tom Prendeville (FF).

“The manager and the directors should not fear any public backlash over the payments if they can justify the payments.”

He added: “The public has a right to know about the details of these payments and I will be placing a motion for the council’s November meeting for details of these payments to be made public.”

Mr Fleming pointed out: “It is not the case that I approve the payments but that the independent adjudicating panel set up under the scheme approve payments both for myself and the Directors of Service.

“In the case of Directors of Services I agree the objectives subject to approval of the adjudicating panel and also make appropriate recommendations at the end of the period in question. This scheme is similar to that in the civil service and other public sector organisations where it has been determined that the pay scale for senior public servants consists of a basic pay plus a performance element. There is a process similar to benchmarking used to determine the pay scales involved and obviously makes comparisons both within the public sector and also outside.”

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Suspect to make bail bid

THE Kilrush businessman charged with the murder of Limerick bouncer Brian Fitzgerald four years ago is expected to make a bail application to the High Court next week.

Anthony Kelly (49), of Cragg House, Kilrush, was arrested in Ennis at 9.45pm last Monday night and taken to Mayorstone Garda Station in Limerick. He was charged with murdering Mr Fitzgerald (34) at 10.50pm that night and appeared before Limerick District Court the following morning.

The father-of-four is accused of murdering Mr Fitzgerald, at Brookhaven Walk, Corbally, Limerick, on November 29, 2002. He is due to reappear before Limerick District Court again this morning (Tuesday).

Detective Garda Paul Ryan told last Tuesday’s two-and-a-half minute hearing that he arrested Mr Kelly at Mill Road, Ennis, last Monday night. He said the accused made no reply to charge after caution.

Inspector Tom O’Brien applied to have the accused remanded in custody for a week, for preparation of the Book of Evidence.

Defending solicitor Eugene O’Kelly said he was applying for bail. Judge Tom O’Donnell replied that it was a matter for the High Court. “I don’t have jurisdiction. That is a matter for the High Court,” said the judge.

Mr O’Kelly said there was “no question of flight risk” on the part of his client.

He said his client had left the country on several occasions since he was “spectacularly arrested and questioned some months ago” – and later released – in relation to the investigation into the death of Mr Fitzgerald.

He said the accused was well aware of the charge facing him, but that he had returned to the country. He said Mr Kelly had surrendered his passport to gardaí, and it had been returned to him and he had no intention of fleeing.

He pointed out that there had been widespread media coverage of the investigation into the death of Mr Fitzgerald.

“Every step of this case has been reported in a lurid fashion by the media,” said Mr O’Kelly.

Judge O’Donnell remanded Mr Kelly in custody to appear before the court again this morning.

Mr Kelly is the second person to be charged with the murder of the security manager.

Eleven months ago, James Martin Cahill (30) was jailed for life for murdering Mr Fitzgerald, after he pleaded guilty, at the Central Criminal Court. Cahill had an address in Birmingham and has strong west Clare connections.

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HSE seeks funding for defibrillators

THE Health Service Executive in the mid west has sought funding to replace what ambulance staff have described as “obsolete” cardiac equipment but can only do so when the money is made available.

The HSE had been accused by ambulance staff of being “slow” or “reluctant” to replace portable defibrillators. The executive has already admitted that some of its older cardiac equipment cannot be upgraded to meet the recent changes to international resuscitation guidelines.

Emergency Medical Technicians have claimed that defibrillators on board ambulances across the mid west are up to ten years old and are not in line with the recently introduced codes from the International Liaison Committee on Resuscitation (ILCOR).

“All these defibrillators need to be replaced because the software in the older machines cannot be upgraded to meet the new guidelines. As it is, if we are shocking a patient we have to switch off the defibrillator in the middle of the treatment and start it up again. It is a disgrace,” one EMT has claimed.

“All we want is to have the same standard of equipment as other ambulance services have had for years. We know that our colleagues in Cork, Dublin and the south east all have the most up-to-date defibrillators but with the machines we have, we can’t provide optimal care to the patient,” another Emergency Technician said.

Staff accept however that the money is simply not available in the mid west but say it must be provided from somewhere.

The HSE (Mid-West) said it had some equipment which couldn’t be upgraded with new software to meet the recent changes to the ILCOR guidelines. However, they had been advised by their suppliers that the current equipment could be configured to facilitate the recommended two minute interval between each defibrillation. In future, cardiac monitoring/defibrillation equipment will be purchased nationally on a phased basis in accordance with the national procurement policy and through national procurement.

The HSE spokesperson confirmed that submissions had been made for funding and the defibrillators would be replaced when that funding was made available. Asked whether it was a case of the money not been made available from HSE head office or the Department of Health, the HSE spokesman said the ambulance service had to work within its budget.

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Fireworks blight for RNLI

ILLEGAL fireworks are wasting the resources of the lifeboat crews along the western coast, as their bright lights are often mistaken for distress flares.

The crew of Kilrush’s RNLI Rose West Inshore Lifeboat have been the latest victims of a false alarms.

Lifeboat Press Officer Charles Glynn told The Clare People that false alarms associated with fireworks were prevalent this time of year.

“It is a tricky situation as once the call comes in, the station is given the option to go out or decide if it is a false alarm.”

The Lifeboat PRO said that to date the Kilrush RNLI has reacted to 100 per cent of the calls by launching the lifeboat and carrying out a detailed search of the area.

Late on Sunday week last, the crew were contacted by the Irish Coast Guard following reported sightings of a white distress flare located between Glin Pier, Co. Limerick and Colman’s Point, Labasheeda on the Shannon Estuary.

Lifeboat Operations Manager, John Lamb said, “This is the third time that Kilrush lifeboat has responded to reported sightings of distress flares in the Glin/Ballylongford area and it is a cause for concern if unauthorised use of fireworks results in the waste of search and rescue resources.”

Both Mr Lamb and Mr Glynn said it was important however that all cases be reported.

Mr Glynn said that while most distress flares were red in colour with a parashoot attached to slow their landing, some of the flares on older boats were still white in colour.

He said that while most sailors and boat enthusiasts carried mobile phones and VHS for alerting the authorities in case of an emergency, flares were only used in extreme cases.

He said once a call reached the lifeboat station the crew preferred to err on the side of caution, but false alarms tied up a lot of its resources as up to ten people could be used in any one call out.

He said to date the majority of the “firework” false alarms had come from the North Limerick and Kerry area.

New legislation was introduced this year to put an end to such “displays”. Under the new laws those accused of misusing fireworks in public can face a €100,000 fine or a jail term, with those found guilty of smuggling fireworks into the State for sale, likely to face prison.

There is also a €10,000 fine for possessing fireworks.

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Don’t close our school

MORE than 200 pupils of Seamount College in Kinvara will take part in a silent march this morning, October 24, which will see them walk from the school to the Kinvara Post Office to post letters begging for their school to be saved.

The letters, which are individually hand written by each the students, are addressed to the Sisters of Mercy head office in Ballinasloe, who announced the winding down of the school last week. A new board of management for the school was due to be appointed on October 14, but the Sisters of Mercy revealed last week that they intended to introduce a manager to oversee the phased closure of the school instead.

“We have two main objections at the moment,” said Jane Joyce of newly formed organisation Retain Education at Seamount College United (RESCUE).

“We really feel that we need an intake of students in 2007, or we are in real trouble. If we miss one year, people will lose confidence in the school. Our next step is to re-instigate the board of management. They are needed now more than ever.”

Parents have appealed to the Department of Education to intervene in the dispute and RESCUE are hopeful of organising a meeting with the Minister for Education, Mary Hanafin, in the next few weeks.

“The students all wrote personal letters to the sisters,” continued Ms Joyce.

“They wrote them all themselves, not prompted by us. They say how fearful and panicked they are about it. They are begging the sisters to let them stay.”