Author: admin

A MAN who used a knife and a hatchet to rob shops in Ennis over a two-day period last February has received a three-year prison sentence.

Robbie Nestor (32), described in court as a chronic heroin addict, was sentenced after pleading guilty last October to robbery and unlawful possession of weapons, at Liddy’s Costcutter, Mill Road, Ennis and Lynch’s Centra, Gort Road, Ennis.

Mr Nestor, with an address at 142 Hermitage, Ennis, appeared before Clare Circuit Criminal Court yesterday.

The court heard that on February 11 (2012), the accused entered Liddy’s Costcutter carrying a black butcher’s knife. Garda William Deleaney told the court that after demanding staff open the till, Mr Nestor made off with € 450.

Mr Nestor was captured on CCTV entering and leaving the premises. He was recognised by a witness after a red scarf used by Mr Nestor to conceal his identity, slipped from his face.

Two days later, the court heard, Mr Nestor was one of two people that entered a petrol kiosk at Lynch’s Centra. Mr Nestor was carrying a hatchet and the other man had a hammer. The court heard that € 1300 was taken during the robbery.

No prosecution was brought against the other man involved in the robbery, the court heard.

Garda Delaney said Mr Nestor was arrested on February 17 and made full admissions.

He added, “He held up his hands completely and apologised.”

Garda Delaney told the court that Mr Nestor has a long running heroin addiction and robberies like this are committed to “fuel his habit.” Mr Nestor has 35 previous convictions.

Barrister Mark Nicholas BL told the court that his client used the stolen money to purchase heroin in Limerick.

He said Mr Nestor is currently drug free and recently underwent a rigorous rehabilitation course in Dublin.

Mr Nicholas added, “If you could extract the addiction he would be a very good member of society.”

Judge Carol Moran said Mr Nestor had a “very bad record”.

On the robbery charges, he imposed two concurrent five-year sentences. He suspended the final two years of the sentence on condition Mr Nestor enter a bond to be of good behaviour.

The two counts of unlawful weapon possession were taken into consideration.

FÁILTE Ireland has been accused of washing its hands of tourism promotion in the west Clare region.

The tourism board has now been called before Kilrush Town Council to explain why it has downgraded its tourist offices in Kilrush and Kilkee at a time when the region is working hard to develop a sustainable tourism industry.

Fáilte Ireland Visitor Information Points have been opened at Crotty’s in Kilrush and at Occasion Gift Shop in Kilkee, but there is no longer any tourist offices anywhere on the west Clare peninsula.

Kilrush Marketing and Development Officer Síobhan Garvey said that Fáilte Ireland told a meeting of tourist bodies that as part of national policy both offices would not be opening in the traditional sense.

“Given the increased use of smart phones, mobile internet devices and apps it is felt by Fáilte Ireland that the new model to provide tourist information is by way of Tourist Information Points which can be placed in existing businesses and serve as an add on facility,” she said.

Council members are not impressed with the new strategy however and have asked for a meeting with Fáilte Ireland to in Cllr Tom Prendeville’s (FF) words;

“Let them know in no uncertain terms what we think of their baffling decision not to fund and located a tourist office in the town.”

Cllr Liam Williams (FG) suggested that the town council should have taken on the project.

“Did we miss out here? Should the town council not have taken it?” he asked.

The councillor was told that the council office was not appropriate as it was only open five days a week, but Cllr Williams believed the council still had a role to play.

“Crotty’s was a tourist agency of last resort.

“We are grateful to Rebecca and Kevin [owners of Crotty’s]” said Cllr Prendeville adding the town needs an office that will carry out services such as bookings and providing information.

Fáilte Ireland has been invited to the July meeting of the council.

JAIL terms have been handed down to two people involved in a violent Halloween home invasion in Ennis three years ago.

Carrie Brigdale (23) and Sean Moroney (41) were both sentenced to two years in prison for their roles in a alcohol fueled violent disorder incident that occurred at a rented apartment in Ennis on October 31 (2010).

Ugandan national Collins Kato (28) suffered multiple stab wounds during the assault at 13 Parnell Court.

He was also robbed of € 1640, two laptops and iPhone when a group of 10 people entered his home for a Halloween night party.

Seven people charged in connection with the incident, appeared before Judge Caroll Moran yesterday for sentence.

Judge Moran said Mr Kato had been subjected to a four and a half hour ordeal, during which he was restrained, kicked, robbed and stabbed in the neck with broken shards of a mirror.

He added, “This was an appalling incident, an incident that clearly got out of hand because of the influence of drink.”

The court heard Mr Kato asked the group to leave because of noise concerns and after he found three of them in a “sexually compromising position” in a bedroom.

Gardaí found Mr Kato “coming in and out of consciousness” when they arrived at the scene.

In his victim impact statement, heard in April, Mr Kato said he suffers from post-traumatic stress disorder and feels “lucky to be alive.”

Judge Moran said evidence had been given that mother of three Ms Brigdale was heard to make a “terrifying threat” of “if this guy lives we’re in trouble”.

After which, Judge Moran said, another person said, “cut his throat.”

Judge Moran said Ms Brigdale, with a former address of Mill House Flats, Mill Road, Ennis and currently of no fixed abode, was the most culpable of the group.

She received a two-year sentence after pleading guilty to violent disorder, assault causing harm and production of an article during the course of a dispute.

Mr Moroney, with an address at 31 Dalcassian Park, hit Mr Kato over the heard with a fire extinguisher. He received a two-year sentence for violent disorder. He has 34 previous convictions.

Four other people also appeared before the court.

Caroline Lyons (22), with an address at 15 Waterpark Heights, pleaded guilty to violent disorder. Judge Moran said Ms Lyons, who has 17 previous convictions, invited people to the apartment after initially coming on the night to view the premises to rent.

She received a two year suspended sentence on condition she abstain from alcohol and be of good behaviour.

Her brother Gerard Lyons (21), with an address at 15 Waterpark Heights, Ennis pleaded guilty to violent disorder. He also received a two year suspended sentence.

Warren O’Donnell (21), with an address at Laurel Lodge, Ennis and Moore Street, Kilrush, pleaded guilty to violent disorder. Judge Moran said O’Donnell admitted being one of the people in the “sexually compromising position” and being present when Mr Kato was assaulted. He received a two-year sentence.

A mother of one who was 17 at the time of incident pleaded guilty to violent disorder. She received the probation act.

A 19 year old man who was 16 at the time of incident pleaded guilty to stealing € 1640.

The court heard yesterday that he has re-paid € 800.

Judge Moran said he would suspend a two-year sentence if the man re-paid the rest of the money by July 22.

Two other men were also charged in connection with the incident. The court heard yesterday that one of those has since died and the other man is no longer thought to be in the jurisdiction.

IT COULD be full steam ahead for the old West Clare Railway line as the Government provide € 50,000 for a West Clare Railway Greenway project.

Not only have new plans been lodged with Clare County Council to extend the popular west Clare Railway in Moyasta but according to Labour TD Michael McNamara Minister for Public Transport, is to provide the € 50,000 seed funding to kick-start the Green Way Project.

He said the Westport to Achill Greenway in Mayo has been an outstanding success and contributes over € 1 million to the local economy each year.

“The history, folklore and song associated with the West Clare Railway greatly enhances the attractiveness of a walking/cycling Greenway along the historic route.

“The grant of € 50,000 will be used by Clare County Council for design and planning purposes.

“I am totally committed to the project and will do all that I can to secure the major capital funding which the project will require,” said Deputy McNamara.

The proposed West Clare Railway Greenway when completed will link Ennis with Lahinch. Its total length will be 40km but will be delivered as a four phase project. The final phase of 3.5km linking Ennistymon with Lahinch has already been completed.

The remaining four phases are: Ennis to Ballymaquiggan (3.9km), Ballymaquiggan to Corofin (15km) and Corofin to Ennistymon (18km).

Meanwhile plans have been filed with Clare County Council to extend the West Clare Railway.

The plan includes 1,853 square National Railway Heritage Museum that will include a café and toilets, at the station that inspired the Percy French song “ Are You Right There Michael? ”

The application also includes a rail way and pedestrian crossing on the N67 Kilrush to Kilkee road, as well as pathway footbridge and associated site works.

Clare County Council granted planning permission to a similar project in 2009 but the National Roads Authority successfully appealed the decision to An Bord Pleanala.

The new development included rail and pedestrian crossings along the N67, whose sped limit has since been reduced from 100 kilometres per hour to 60 kilometres per hour.

PROGRESS has been made in attempts to secure accommodation for a wheelchair bound man who set fire to a nursing home in Killaloe, a court has heard.

In February, James Sherlock Jnr, formerly of 16 Childers Road, Cloughleigh, Ennis pleaded guilty at Ennis Circuit Criminal Court to causing arson at the Lakes Nursing Home in Killaloe on August 20 (2010).

The 24 year old is confined to a wheelchair after loosing both of his legs to amputation.

Heroin addiction lead to the amputation of Mr Sherlock’s right leg. He recently underwent surgery to amputate his left leg.

Finalisation of the case had been adjourned pending suitable accommodation being found for Mr Sherlock.

Circuit Court Judge, Gerard Keyes has said the State must find suit- able facilities for Mr Sherlock. Judge Keyes has previously indicated that he will not impose a custodial sentence. The Court was previously told that due to Mr Sherlock’s past behavioral difficulties and his pleading guilty to arson, many nursing homes and hostels would not accept him due to insurance issues.

The court has heard that discussions have taken place between local authorities, The Probation Services and the Health Services Executive (HSE) with the aim of finding accommodation for Mr Sherlock.

The case came back before the court on Tuesday. Counsel for Mr Sherlock, Pat Whyms BL told the court that the local authority has made progress in attempts to find accommodation for his client.

He said the Probation Service were seeking a further adjournment of the case.

Judge Keyes said he was not going to “interfere” with the progress being made.

Mr Sherlock has spent a period of time staying at the vacant Fairways apartment block in Ennis.

THE CLARE toddler that was waiting five hours to have a head wound treated at the University Hospital Limerick, was treated within a time fame that is not only acceptable but strived for by the HSE.

In relation to queries from

THE driver of a train that collided with a parked tractor on the western rail corridor close to Cratloe in 2012, was unaware that a collision took place and continued on to the next scheduled stop at Sixmilebridge.

That is according to an investigation into the incident released by the Rail Accident Investigation Unit (RAIU) last week.

The report recommended that Iarnród Éireann should either close or move a nearby level crossing where at least two incidents have taken place in recent years.

On June 20, 2012, a passenger train travelling from Limerick to Galway collided with a tractor at the level crossing close to Cratloe.

The driver of the tractor was shocked but unhurt in the incident but his tractor sustained serious frontal damage.

The investigation found that the immediate cause of the accident was that the tractor entered the swept path of the train as the train was travelling through the level crossing.

The tractor driver had been relying on the railway signals to estimate train approaching times.

“Although the tractor driver was not adhering to the LC guidance booklet which states users should not rely on any railway signals, he had assumed it was safe to cross the level crossing; and despite being delayed by the vehicle blocking his exit, the tractor driver then edged forward to look again for oncoming trains.

“The tractor driver did not hear the train horn before edging forward,” the report says.

“Having been unable to close the level crossing due to a lack of agree- ment between the relevant land owners, Iarnród Éireann did not introduce adequate safety measures as a result of the inadequate viewing distances at the level crossing.”

While the collision was reported to an Iarnród Éireann signalman, it took 27 minutes to confirm the incident and alert the emergency services.

The RAIU established from telephone logs that the signalman had been taking a large number of calls and attempting to get Iarnród Éireann staff to the accident rather than contacting the Emergency Services immediately.

A SKULL discovered in Quin almost five years ago may have belonged to a compulsive pipe smoking woman, who died in her 40’s more than 300 years ago.

The human remains, which were discovered in Quin in August of 2008, have been shrouded in mystery for the last five years. However, research carried out by TVAS Ireland, who discovered the remains, had shed some light on the historic discovery.

While many questions remain unanswered, the possible life story of the Quin body has started to emerge.

“We now know that the jaw bone had typical female traits – so we can cautiously say that the body was a female.

“We know that the person also suffered from arthritis – part of the bones discovered were from the spine and there was evidence of the bones rubbing together.

“So we are fairly sure that the person would have had severe neck pain,” said Edel Ruttle of TVAS.

“From the jaw bone we noticed a third molar – or wisdom tooth. So we are confident that the body was aged somewhere between 21 and 40 years of age. Interestingly, we also saw a clay pipe semi-circle on the body’s teeth, this is consistent to a person holding a clay pipe in her mouth almost constantly.

“So not only was this person a smoker – they would have had to hold the clay pipe in their mouth for hours and hours every day to make marks consistent with the ones we have discovered.”

Despite these discoveries, it is still unclear why the body was buried in that spot and what religious the woman was.

One theory maintains that the woman was a social outcast of some sort, which is why she was buried on the edge of a disused Catholic grave – and not in the regular Catholic or Protestant graveyards which were in use in Quin at that time.

“She is buried in an East/West lie – which suggest that it was, at least, a partially standard burial, but the she is buried on the very edge of the cemetery – probably after the cemetery went out of use. So it’s difficult to know,”continued Edel.

“It is possible that she was a marginal figure.

“Maybe she wasn’t buried in the graveyard in Quin Friary because of some social standing – or lack of social standing.

“These are possibilities, but we don’t know for sure. There is still a lot of mystery surrounding this body.”

A BUSLOAD of tourists were sent on an extensive tour of West Clare which would not be an issue if that was their original intention.

However at the time the bus driver was attempting to drive the less than impressed passengers directly from Mullagh to Kilimer in time for the ferry, but poor road signage sent him on a tour through Doonbeg, Bellaha and into Kilkee before making the journey back to Killimer. Needless to say the tourists did not make their intended crossing on schedule and were delayed reaching Kerry as a result.

Kilrush Town Councillor Tom Prendeville (FF) said it was time for the council to follow through on a promise to upgrade signage, especially on approach roads to the town of Kilrush.

As a result of the 35 kilometre detour an appointment to have food in Kilrush also had to be cancelled.

“That was lost business to Kilrush,” said the local councillor.

“I am all for promoting West Clare and keeping tourists as long as possible in the area to sample the many attractions we have here.

“Signage should certainly offer tourists alternative destinations, but in this instance it was misguided and deceptive.

“That can be a great source of annoyance and irritation for some visitors on a tight schedule,” he said.

There is some hope for disgruntled bus drivers and bemused tourists however as Síobhan Garvey, Marketing and Development Officer in Kilrush said that the National Roads Authority is currently re-signing the national secondary N67 route from Miltown Malbay to Kilimer.

This will include the Kilkee Kilimer approach roads.

“As part of the process that will also be removing unlicensed roadside signage. The installation of their new signage scheme will provide clear directional guidance to the visiting motoring public and will include some tourist signage,” she said.

The marketing officer recognised that signage has been an issue in the area.

“There are plans to look in more detail at the Ennis approach road as a starting point by the Tidy Towns Liason Committee in the coming months.

“However both the Town Council and Tidy Town Committee are conscious that the NRA have not completed their signage project on the N67 and would like to see the outcome of this project so a clear plan can be put in place to deal with what signage needs to stay or be removed from the other approach roads in order to provide some unity to the entry – exit points of the town,” she said.

MORE THAN 300 disabled Clare people are celebrating a significant victory this week as the government has been forced to row-back on plans to abolish the Mobility Allowance and Motorised Transport Grant.

The you turn has been heralded as a major victory by Clare based organistion Disabled People Against Cuts (DPAC) – who committed to “waging war” against the proposed cuts in March of this year.

Following a number of protest meeting held in Ennis and in Dublin, the Government has agreed to set up an inter-departmental group, to look at alternatives to scrapping the disability payments.

Organiser of Disabled People Against Cuts, Ann Marie Flanagan, yesterday warned disabled Clare people that they must be ready to fight against any future funding cuts.

“We welcomes the news that the Government will continue to provide individualised payments to significantly disabled people.

This demonstrates the benefits of speaking out and having direct representation on decision making processes,” she said.

“The Government has decided that new statutory provisions will be established to provide individual payments to people with severe disabilities who require additional income to address the costs of their mobility needs.

“The Government has agreed that payments should temporarily continue to be made by the HSE to those persons currently in receipt of the Mobility Allowance for a further number of months, pending the commencement of a statutory scheme on the basis that this would prevent hardship and alleviate stress, anxiety and uncertainty among a vulnerable group in society and having regard to the exigencies that have arisen.”

Earlier this year the Department of Health decided to ax both transport schemes after Ombudsman, Emily O’Reilly, warned the age limit on the payments was in contravention of equality legislation.

It was claimed at the time that the scheme was discriminatory against old age pensioners and – according to the Department of Health, to roll out this scheme to all people over the age of 66 would cost an estimated € 170 million per annum.

New criteria for a new schemes to assist severely disabled people with transport needs is likely to come before Government in October.

It is not yet clear how many of Clare’s estimated 9,000 disabled people will qualify for this new scheme. Criteria for the existing schemes was already considered by disable groups to be very strict – with only 300 Clare people – or 1 in every 30 disabled people – qualifying for the payments.