Author: admin

CLARE County Council last week secured a court order restraining a former DJ from harassing local authority staff at a gala tourism event.

At Clare Circuit Criminal Court on Thursday, the Council sought an injunction preventing Ennis man Tommy Kelly from attending the Clare Tourism Forum, a networking event held at the Clare Inn, Dromoland on Thursday night.

Mr Kelly, with an address at 6 An Páirc, Quin Road, Ennis was also ordered by the Court to restrain “from communicating directly with Clare County Council, two named employees, or any other officer of employer of Clare County Council”.

Mr Kelly, a former Clare FM DJ, was not present in court when the order was granted.

Prior to the hearing of the application, Counsel for Clare County Council, Michael Collins BL, asked if the plaintiff was in court.

Judge Gerard Keyes said Mr Kelly had come to court earlier in the morning.

He said Mr Kelly had expressed unhappiness at being in court. He said Mr Kelly also expressed unhappiness with the judicial system.

Judge Keyes said he advised Mr Kelly to stay in court until the application was heard. He said Mr Kelly declined and left the court.

The court heard that a named Council employee who works as a marketing executive with the Clare Tourism Forum, organised the event in the Clare Inn.

Mr Collins explained that Mr Kelly had been nominated to operate a stand for the Ennis Fringe Festival at the Forum.

The court heard that County Solicitor John Shaw wrote to the festival organisers advising that Mr Kelly could not attend.

The court heard that the Council employee was concerned Mr Kelly would “focus” on her.

Mr Collins told the court that Mr Kelly sent “unnecessarily abusive emails” to the Council in April, stating his intention to attend the Forum and document proceedings.

Mr Collins said that in further communication with the Council, Mr Kelly denied sending any abusive emails.

Mr Kelly, the court heard, accuses the Council of “stealing” photographs from him for use in a tourism brochure, called, ‘Clare Live the Life’.

This is denied by the Council. In an affidavit, the Council employee states that the Council invited photographic submissions for the brochure.

They stated that the rules of the competition entitled Clare Tourism Forum to reproduce all or part of the entered material free of charge for use in relation to promotional activity.

Mr Kelly, an award-winning photographer, was called prior to the application being heard but was not present in court.

Expressing concern over the Council’s authority over the Clare Tourism Forum, Judge Keyes said he was reluctant to grant a “blanket injunction” preventing a person from attending the Forum event.

The case was adjourned for a brief period. On resumption, County Solicitor John Shaw, told the Court that the Council employee is the “sole person responsible for running the event.”

Judge Keyes granted the order, “restraining the plaintiff from interfering or harassing or in anyway impeding the first named defendant in the performance of their duties as organiser of the Clare Tourism Forum Gala Tourism Networking Evening”.

Mr Kelly was also ordered not to interfere, harass or impede in any way Council employees from doing their duties.

The court ordered that the order be served on Mr Kelly by personal service and by email.

A COUNTY Clare bank manager has been jailed for four years after he stole nearly € 450,000 from customers to pay off a € 3 million debt he had run up from failed property investments.

Kevin Jarlath Mitchell (54) had been working as a branch manager in ACC Bank in Kilrush when the 19 year long fraud was uncovered.

He came before Dublin Circuit Criminal Court on signed pleas of guilty from the District Court and confirmed seven such pleas before Judge Martin Nolan.

They were accepted as sample pleas.

Mitchell, who now lives at Driminagh Road, Driminagh, pleaded guilty to charges of theft, obtaining cash and a cheque under false pretences and falsifying a DIRT compliance certificate on dates between January 1993 and February 2012.

Detective Garda Alec Cassidy told Vincent Heneghan BL, prosecuting, that Mitchell stole € 197,000 from a local pensioner after leading the man to believe that he had been depositing his cash in a high interest deposit account for 19 years.

The elderly man was under the impression that there would be € 520,000 in the account which had been legitimately opened in 1993 but closed, unbeknownst to him, in December 1994.

Mitchell also stole € 250,000 from long-term friends and customers, a husband and wife who lived locally in West Clare.

They believed he had invested the cash in a two-year bond that would earn the couple about 4% interest. He had in fact lodged the money in his own credit union account.

None of the cash was recovered but ACC bank fully reimbursed all three of the victims.

Mitchell has since handed over his € 600,000 pension to compensate the bank which has been accepted.

The court heard that since the fraud was uncovered last year, Mitchell’s marriage has broken down, he has lost his job and has left the family home in Clare.

Det Gda Cassidy agreed with Ronan Munro BL, defending, that his client’s early co-operation with the gardaí greatly reduced the time spent on the investigation.

He accepted that the fraud began when Mitchell lost € 80,000 after a property he bought collapsed and he had no insurance for the house.

Detective Cassidy further accepted that his crimes escalated as he continued to invest in property both in Ireland and abroad and he was “effectively robbing Peter to pay Paul”.

He agreed that Mitchell has no previous convictions, is genuinely remorseful and unlikely to come to garda attention again.

Mr Munro said there was “no excuse” for what his client did and said it represented “a huge breach of trust”.

He said Mitchell is a father to five sons and effectively “exiled” himself from Kilrush when the fraud came to light and he separated from his wife.

Judge Nolan said it was a sad case as Mitchell had been a well respected man in his local area and a trusted member of the local community.

“He sought to escape from his financial trouble by stealing from his customers and friends,” the judge said.

He acknowledged that Mitchell had come to court with “the perfect mitigation” in that he had co-operated with his employers and the gardaí which made it easy for the authorities to investigate his crimes.

Judge Nolan accepted that for a man such as Mitchell prison would be very difficult but told the court he must impose a somewhat harsh term “for general deterrence and punishment”.

The court heard that Mitchell had legitimately opened a bank account with ACC in January 1993 for the elderly man but closed it the following December.

The man was then 58-years old and had been a customer with ACC bank for many years.

Mitchell continued to call at the house for 18 years collecting the cash and keeping it for himself.

This fraud was discovered when the man decided to get his financial matters in order in 2012 and recruited a local accountant.

The victim was under the impression that there would be € 520,000 in the account but when the bank was contacted, the accountant was informed there was no such account.

Mitchell was contacted because the accountant was concerned about the man’s DIRT liability and Mitchell subsequently manufactured a bogus DIRT compliance certificate.

The accountant was suspicious of the document and following, a meeting with members of ACC bank, the gardaí were contacted.

Mitchell was immediately co-operative and admitted the second fraud in relation to the couple from West Clare.

THE opening of a new cycling route in North Clare this Thursday is being heralded as the first step towards creating a new type of tourist product in Clare.

The cycle way, which connects Lahinch and Ennistymon, will be officially opened by Minister of State Alan Kelly (FG) on Thursday.

The two-mile route, which will be named in honour of former local businessman, Gilla Skerrett, will connect up with the 200-mile long Wild Atlantic Way route, which is currently being mapped out by Fáilte Ireland.

Local businessman and head of the Irish Hotel Federation Michael Vaughan believes that extending this new route to Ennis along the route of the West Clare railway could make Clare the cycling tourism capital of Ireland.

“This is a great addition to the tourist product in the area and will be much used. I think this could be the start of a cycleway or a greenway connecting Lahinch and Ennis,” he said.

“If you were to continue on the logical route along the route of the West Clare railway I think you could easily get enough interested parties to make it a really good tourism project.

“Clare County Council have gone a great job in getting this started and we now need to keep the ball rolling.

“The biggest tourism boost coming down the road in the West of Ireland is the Wild Atlantic Way.

“This passes right through Lahinch and if we had this greenway from Ennis that would be a brilliant way of making this area into a real tourist hub.

“This is the way that tourism is going. We have to give people more of a reason to stay in Clare and spend more time in the area.

“Walking and hiking is probably the biggest tourist activity in the country now, and we are not doing enough to capitalise on that in Clare.”

A bench and plaque has been erected on the route in memory of Gilla Skerrett, who operated a garage and work studio on the Lahinch Road in Ennistymon for more than 50 years.

CLARE newest singing super star will be the focus of an hour-long radio documentary which will be aired this Friday, April 26.

Over the last five years Ballyvaughan’s Naomi O’Connell has become one of the brightest young stars in world opera. Having recently graduated from the prestigious Juilliard School in New York, Naomi is currently starring in a production of Offenbach’s ‘La Périchole’ with the New York City Opera.

Naomi began her singing career at just 13 years of age when she joined the Lismorohaun Singers. While with the Lismorohaun she quickly became the prize student of Lisdoonvarna’s Archie Simpson, who continued to tutor her while she was in Ireland.

Naomi graduated from the DIT Conservatory of Music and Drama in Dublin, where she won a host of national and international singing competition under the guidance of Mary Brennan and then undertook a four-year post graduate course at the Juilliard School. After all of her practice, she finally made her Carnegie Hall debut last month. Her story will be told in the hour-long documentary ‘Witches, Bitches and Women in Britches’ which will be aired on RTE’s Lyric Fm this Friday at 7pm.

The documentary was produced by Doireann Ni Bhriain who visited Naomi’s home in the Burren to get a sense of her early influences and also travelled to New York to spend a few days with the singer as she prepared for her Carnegie Hall recital.

She also spoke with many of Naomi’s current mentors and admirers in New York including opera director Stephen Wadsworth, composer Christopher Berg and Steve Shaiman of Concert Artists Guild.

PRESSURE is mounting on the Minister for Agriculture to “put his money where his mouth is” and bring forward an emergency aid for the Clare farmers worst hit by the fodder crisis.

Addressing a meeting of more than 200 farmers in Ennis on Friday, Fianna Fáil’s agriculture spokesperson, Eamon Ó Cuiv, said an aid deal in needed urgently if Clare farmers are to be able to continue feeding animals over the next two to four weeks.

Deputy Ó Cuiv said that plan of Minister Coveney to fast-track payments under some farm scheme would have little or no effect in tackling the current crisis and a € 10 million aid package was need immediately to tackle the current problem.

“Steps taken yesterday by Minister Coveney to fast-track payments under various farming schemes will not help the most urgent cases,” said Deputy O’Cuiv.

“What is now needed is straight cash to assist farmers who cannot get credit and do not have enough money to feed their cattle.”

The former Fianna Fáil minister was speaking at an emergency meeting which took place at the Auburn Lodge Hotel in Ennis on Friday night last.

Speaking ahead of last Friday’s emergency meeting in Ennis, Minister Coveney said that access to credit was key for farmers to see themselves through this difficult period.

“Access to credit is crucial at this time and flexibility from both banks and merchants is vital. I will be speaking to banks to highlight the challenges facing farmers as a result of the weather, and insisting they take a flexible approach to dealing with short term credit issues,” he said.

“I have also been in contact with co-ops and grain and feed merchants to urge them to be flexible during this difficult time. This is an occasion when solidarity is needed among the farming community.

“I would ask those that have fodder to be proactive in making it available to neighbouring farmers who are encountering severe problems.”

TWO homeless men who were sleeping rough in an Ennis toilet until last week plan to resume living rough in Clare next month.

The men, Czech national Josef Pavelka (58) and Polish man Peter Baram (35), were admitted to a hostel in Galway City last week, following a appeal for help by Judge Patrick Durcan at Ennis District Court.

The men’s living arrangements were disclosed in a report by the Probation Services at Ennis District Court where Mr Pavelka appeared on charges of public intoxication.

On viewing the report, Judge Patrick Durcan commented that it was a “scandal” that a person is “living in a toilet in a prosperous nation.”

Mr Pavelka’s solicitor Daragh Hassett said that if it wasn’t for the help of the church, his client “would be dead.”

The court heard Mr Pavelka has chronic problems with alcohol. However, according to Josephine O’Brien of the Help the Homeless in Clare charity, the move is just “papering over the cracks” and the men will be living rough in Ennis again in a matter of weeks.

“The are paid up in Galway until the first week in May, but after that they will back on the street in Ennis again. We need a proper solution to this problem,” she said.

“The situation is actually worse now that it was. They receive breakfast at the hostel and nothing else – so we have been going up and down to Galway every day to feed them.

“They don’t like it in Galway and they have said that they won’t be staying there.

“This is just papering over the cracks and it won’t change anything. When this is over they will be back on the street in Ennis – no different then before.

“I know both of these men have serious problems with addiction but sending them away like this isn’t going to cure anything.

“They need real help getting over the problems. This would be better for them and cheaper for everyone in the long run.

“There is no point moving them on from one place to the other and not dealing with the real issue.”

Mrs O’Brien also refuted a statement made by Ennis Town Council last week which said that there was no evidence that the two men were living in an Ennis toilet.

“I posted pictures of the toilet on Facebook more than a month ago. At that stage I was trying to get sleeping bags that they could use [in the toilets].

“They were certainly staying there,” she said.

In a statement to The Clare People last week, the Council said it “had no evidence of any parties using public toilets in Ennis as accommodation facilities”.

The statement continued; “Having checked with the gardaí, a similar view has been expressed.

“Furthermore, the company contracted to maintain the public toilets says there is no evidence to suggest that the toilets are being used in such a manner.

The Council says the toilets are “subject to an intense maintenance regime which involves a daily inspection by the said company”.

HUNDREDS of Clare farmers face the possibility of a total wipe-out as the fodder crisis threatens to bring the county’s farmers to their knees.

More than 200 farmers attended an emergency meeting organised by Fianna Fail in Ennis on Friday, where the full extent of the fodder crisis in the county became apparent. Scores of farmers across Clare have completely exhausted their stock of fodder, with many also unable to get credit from banks to buy feed.

With many Clare farmers already at breaking point it looks likely to be between two and four weeks before any significant grass growth will take place to alleviate the shortage.

Clare IFA last week distributed 12,000 bales of hay and roughly 50 tonnes of silage to animal welfare hardship cases in the county.

“Many farmers face running out of fodder.

“There is talk of emergency funding but that isn’t going to be of any help for the people who don’t have fodder to get through the next few weeks,” said Clare IFA chairperson, Andrew Dundas.

According to Clare ICMSA, hundreds of Clare farmers have already spent their entire Single Farm Payment (SFP) in the first three months of the year.

“People have gone right through their Single Farm Payment – it’s all used up. I know some farmers in Clare have gone to the bank looking for money for feed and have been turned down. They are under serious financial trouble,” said Clare ICMSA chairperson Martin McMahon.

“There is no way that farmers are going to be able to survive until next year’s SFP is made available – they just won’t be able to pay their bills, it is as simple as that.”

According to the Clare United Farmers Association (UFA), animals are beginning to starve to death on some Clare farms.

“We are dealing with one Clare farmer at the moment who has 30 friesian cattle – he has no feed, no money left to buy feed and no chance of getting finance to buy feed. He advertised these cattle for sale and he was offered € 200 a piece for them – which is maybe half what he would have got last year.

“People are trying to take advantage of the situation,” said Joe Corbett of the Clare UFA.

“This is this man’s way of making a living. He can’t afford to keep these animals because he has no money to buy feed for them and he can’t afford to sell them at the price he is being offered. He has to get help. People’s backs are to the wall and all they want to do is keep their animals alive.”

Farmers can contact the Teagasc help line on 091-845852.

A SURVEY of the Clare tourism sector shows evidence of growing confidence in the industry.

Up to 300 people involved in tourism in Clare gathered at the Inn at Dromoland on Thursday night to participate in the annual Clare Tourism Forum Gala Networking Evening.

During the conference participants were informed of the findings of a survey, which found that 57 per cent of operators are confident that 2013 will bring an increase in tourism business for their attraction/business.

A quarter of those surveyed said that business levels would be similar to 2012. Meanwhile, the majority of those surveyed say they are more hopeful for a recovery in the Irish tourism sector this year than they were last year, while 87 per cent said they plan to either maintain or increase existing staffing levels during 2013.

Just 13 per cent of operators said they were planning to reduce staff numbers this year.

Maureen Cleary, Marketing Executive, Clare Tourism Forum explained that Clare tourism operators have responded well to the shift in visitor trends in recent years with a significant increase in the number of people holidaying at home.

“While not neglecting the potential offered to Clare tourism by the international visitor market, a huge amount of work is being carried out by operators, both individually and collectively, to market the County’s many wonderful attractions to the domestic market. There is growing confidence in the Clare tourism sector as evidenced by the results of a recent Clare Tourism Forum survey of more than 100 local tourism operators,” she added.

Donnagh Gregson, Chairperson of the Clare Tourism Forum stressed the continued need for tourism operators to work together to increase tourism business in the County.

“The local tourism sector continues to face challenges in an increasingly competitive and commercial marketplace. However, Clare tourism and hospitality operators are actively working together to capture and increase visitor numbers to the County.

“Networking events such as this help consolidate Clare’s growing status as a competitive and appealing destination to both domestic and international visitors alike,” she said.

“This event also helps to promote collaboration between our members and other agencies involved in the promotion of tourism at home and abroad.”

The purpose of the free businessto-business event was to provide tourism providers with the opportunity to showcase their respective operations to the wider County Clare tourism Industry.

THE Ennis man who concealed the dead body of Frank Hassett in his shower has said he did not give the deceased methadone prior to his death.

Frank Hassett’s badly decomposed body was discovered at Lifford Lodge, Ennis, on July 3 (2011) in a bedsit rented by Bernard Flaherty (38).

The 25 year old from 70 Drumbig gle Road, had been missing for 19 days, resulting in a major search operation in Ennis.

Frank Hassett died sometime between the hours of June 14 and June 15 (2011) at Lifford Lodge.

He was reported missing by his brother Ian on June 20 (2011).

Mr Flaherty, with an address at 3 Lifford Lodge, Ennis, was questioned yesterday over the presence of methadone in Mr Hassett’s body.

At the end of Mr Flaherty’s deposition at Clare County Coroner’s Court, the deceased’s brother Ian Hassett asked if his brother had consumed methadone in the hours prior to his death.

Mr Flaherty said, “We didn’t take it in my flat…He didn’t take it off me.” Mr Flaherty said they smoked cannabis and some prescribed drugs.

The inquest also heard from Patrick Ballard, a homeless man who lived with Bernard Flaherty at Lifford Lodge for a while during June 2011.

Mr Ballard said Bernard Flaherty told him he could not use the toilet because it was blocked. He said the smell got worse day by day and Mr Flaherty used “body spray” and “opened windows to get rid of it”.

Mr Ballard said he never saw Frank Hassett in the apartment. He added, “I didn’t know Frank Hassett’s body was in the toilet.”

Det Gda Kieran Kelleher told the inquest that he called to the bed-sit twice, on June 24 and July 3 (2011). He said on the second occasion Bernard Flaherty started crying, saying Frank Hassett’s body had been the shower for the past three weeks.

Det Kelleher added, “Bernard opened the bathroom door and the smell was overpowering.”

He said Patrick Ballard was in the sitting room “watching a match on television”.

Kevin Collins, the landlord who owns Lifford Lodge, told the inquest that he visited Bernard Flaherty’s bed-sit on June 29 (2011). Mr Collins said he went as far as the door and did not notice anything unusual or get any smell.

Clare County Coroner Isobel O’Dea said the appropriate verdict was one of misadventure. She said the collection of drugs found in his system “may have caused Mr Hassett’s death”.

Ms O’Dea extended her sympathies to the Hassett family. Insp John Galvin offered condolences on behalf of the gardaí.

PARANORMAL researchers have discovered more than 24 ‘spirits’ at one of Clare’s best know landmarks – the lighthouse in Loophead.

Anthony Kerigan of GhostÉire, a modern day ghost-buster service, said that during a two-day inspection of the 19th century lighthouse and the surrounding area, the researchers conducted several experiments at the World War two-lookout point behind the lighthouse, the lighthouse itself, the modern day keepers cottage and the reception cottage, which was the site of the old lighthouse in the 1600s.

And it seems the investigators were not alone during their work at the popular tourist attraction, as they reported that up to two dozen ‘spirits’ made contact with them.

The spirits were particularly active in the keeper’s cottage they maintained.

As part of the investigation the paranormal investigators placed audio equipment, which was turned off in the Lighthouse.

Mr Kerigan explained a Full Spectrum camera (all colours including ultra violet and infra-red visual) was also left switched off on a chessboard and a compass dial board in the re- ception cottage.

It was this reception cottage that provided a lot of paranormal activity and was the site of a séance carried out by the team.

“Loophead was a friendly ‘ultracommunicated state investigation’, over 24 ‘spirits’ were in contact with us. With this taking into account, it will take a couple of weeks to look back on our recordings to make a pattern of what was caught to comply with the lighthouses past,” said the founder of GhostEire.

“In no means did we feel frightened; maybe this was due to the lifestyle the keepers lived.”

Referring to the Taoiseach’s link to the lighthouse Mr Kerigan said, “Taoiseach Enda Kenny’s grandad, like so many that lived there were lifesavers. So at this moment in time ‘did we see Enda Kenny’s granddad?’; like a true politician I would have to say ‘no comment’.”

Rhiannon Cremins another of the investigators working in the lighthouse at the permission of Clare County Council and the Commissioners of Irish Lights said, “a feeling of being watched with curiosity complemented the inquisitive taste of the venture.”

It will be a number of weeks before a full report on the group’s findings will be available.