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‘Fagin’ type character forcing teens to steal in Ennis

SOME teenagers in Ennis are being forced to commit crimes to pay off debts to a ‘Fagin’ type figure in the town.

The man was referred to during a sitting of Ennis District Court on Friday where a 17-year-old boy pleaded guilty to charges of burglary, trespass and the unauthorised taking of a vehicle.

His solicitor, John Casey, said there had been an element of force attached to the crimes.

He explained that a situation might arise whereby the man would offer to lend a young person money.

Mr Casey said, “You might never pay this back but he might say to you to do this or do that.”

“A vulnerable young man like this can never get out of it. His mother is genuinely disturbed by all of this.” he added.

The man, whom the court heard is known to gardaí, was compared at a previous court sitting to ‘Fagin’, the criminal mastermind from Charles Dickens’ Oliver Twist.

The court heard that the boy has now moved out of Ennis to a rural part of West Clare.

He has also removed the SIM card from his mobile phone so he could not be contacted by people in Ennis.

Addressing the court the teenager said; “Since I left the court the last day, I’ve done everything the court asked me to do.” Judge Patrick Durcan adjourned the case until May. SEPARATELY a different 17-yearold boy has pleaded guilty to multiple charges of theft and burglary at premises in Ennis and Kilfenora.

At Ennis District Court on Friday the boy pleaded guilty to handling a stolen Samsung Galaxy phone on Newbridge Road on October 31; handling a stolen Samsung phone in Considine’s Road, Cloughleigh, Ennis on January 20 (2013).

He also pleaded guilty to stealing a mobile phone on Watery Road, Ennis on February 4; theft of a black Apple iPod from Old Gort Road on February 8 and stealing a Nintendo DS and camcorder from Hermitage, Ennis on dates unknown between December 30 and 31.

He also pleaded guilty to entering Ennis Rugby Club as trespasser to commit the theft of a 32 inch television on dates unknown between December 1 and 25.

Also listed was theft of a Playsta- tion at Doctor’s Hill, Kilfenora on dates unknown between December 25 and 27; entering 66 Westwood, Ennis as a trespasser to commit the theft of jewelry worth € 300 and a mobile phone on dates unknown between December 25 and 26; entering 8 Showgrounds View, Ennis, as a trespasser to commit theft of a Samsung TV, laptop computer and Playstation on dates unknown between December 26 and 27.

Judge Patrick Durcan said he was very concerned about the teenager. He sought a pre-sentence report from the Probation Services. The case was adjourned until April 17.

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Bail for two in alleged arson attack at garda station

TWO East Clare men alleged to have committed offences at Scariff Garda Station last week are due to make their second appearance in court tomorrow tomorrow.

Brian Moloney (34) and Neil Kelly (38) appeared before a sitting of Ennis District Court on Thursday having been charged in connection with offences allegedly committed in the hours between March 18 and March 19 at Scariff Garda Station.

It is alleged that Mr Moloney, with an address at Bohatch, Mountshannon, did cause criminal damage to two windows of Scariff Garda Sta- tion on March 18. Mr Kelly, also with an address at Bohatch Mounthshannon (separate residence), is charged with arson of a car owned by a female garda at Scariff Garda Station on March 19.

Garda Bernard Casey of Shannon Garda Station gave evidence of arrest charge and caution in respect of Mr Kelly.

He said Mr Kelly made no reply to charge after caution. Detective Garda John Mulvihill gave evidence of arrest, charge and caution in respect of Mr Moloney.

Det Mulvihill said the accused said he had “nothing to say” in response to charge after caution.

Inspector John O’Sullivan said the State strongly objected to bail in respect of both accused. He said that while the charges are different, the State would allege that the circumstances of the offence are the same.

He said it would be alleged that this alleged offence was a direct attempt to intimidate a young member of the gardaí from doing her job.

Insp O’Sullivan said the State opposed bail on two grounds: the nature of the alleged offence and the strength of the alleged evidence.

Defence solicitor for Mr Kelly, Eileen Whelan said her client would be willing to abide by strenuous bail conditions Mr Moloney was represented by solicitor Turlough Herbert. Mr Herbert said his client would also abide by any bail conditions set down by the Court.

Judge Patrick Durcan approved bail subject to a number of conditions.

Judge Durcan said the Court required an independent surety of € 3000 for each accused.

Both men were ordered to reside at named addresses, to sign on at garda stations in East Clare, be law abiding and to surrender their passports.

Judge Durcan directed that a letter be written to the Department of Foreign Affairs advising that both accused had surrendered their passports. Both men were remanded in custody with consent to bail to appear again at Ennis District Court on March 27.

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Kilkee homes cheapest says Revenue

KILKEE is the cheapest place to own a home in all of Ireland, according to the house tax guidelines as set out by Revenue.

According to Revenue’s controvertial new property valuation guide, all properties in Kilkee have an average guide value between € 0 and 100,000 – or the lowest valuation possible.

Revenue’s interactive pricing guide divides Clare into 156 different pricing areas. Each area is giving a specific price guide for apartments, terraced houses, bungalows, semidetached houses and detached houses built either before or after 2000. Kilkee is the only area in Clare, and indeed in Ireland, to receive the lowest possible valuation (between € 0 and € 100,000) in each of the categories.

This guideline valuation would seem at odds with the state of current property prices in the West Clare town. According to the Daft.ie property site, of the 83 properties currently for sale in Kilkee, 55 are on offer at prices in excess of € 100,000.

Indeed, over a quarter of the total stock currently for sale in Kilkee is valued at € 200,000 or more with a large number of properties in the area with valuations close to half a million euro.

The valuation system has come in for much criticism since it went live last week but a revenue spokesperson has stressed that the prices are only a guideline and homeowners must pay what they believe to be the market value of their home.

“The guidance is primarily based on the market value of properties sold since the year 2010 in the area, adjusted for average price movements in the interim,” said a Revenue spokesperson.

“This guidance will be helpful in the majority of cases but there are always properties in an area that differ from the average.

“Self assessment requires property owners to honestly assess the market value of their own property. If a property is smaller or larger than the average for the area, is in a significantly poor state of repair or has exceptional or unique features, these will have to be factored into the assessment.”

While the local prices differ de- pending on the type of property in each area, the Revenue’s valuations have identified a 29 area ‘golden zone’ stretching from the hinterland of Ennis down through South-East Clare and into Limerick where they believe properties are generally worth more. Ennis itself is divided into four areas with the northern quarter, identified as Ennis Urban No.1, generally having a higher value than the other three quarters of the town. Tue19March13

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Mayor hopes to maintain links with Phoenix

THE Mayor of Ennis says he hopes the twinning arrangement between the town and the American city of Phoenix will last beyond the proposed abolition of Ennis Town Council next year.

Councillor Peter Considine was speaking at civic reception in Waterpark House on Friday held to mark the 25th anniversary of twinning of Ennis and Phoenix.

Since the formation of the twinning relationship in 1988, civic and community leaders from both sides of the Atlantic have visited each other on exchanges and have developed strong ties and personal friendships.

The reception was attended by a large delegation from Phoenix including 35 members of the St Mary’s Catholic High School Marching Band.

There were also performances by young musicians from Barefield National School and Maoin Cheoil an Chláir.

Recalling his first visit to Phoenix in 1976, Cllr Considine paid tribute to the links forged between the two communities over the years. He also expressed hope that the ties would be maintained in the future.

Cllr Considine said, “Once gone these ties are nearly impossible to recreate. Thankfully both Ennis and Phoenix see the benefit of twinning and continue to provide support.

“Even though this council will be finishing up in 18 months time, certainly both the commitment of the elected representatives from this council and the executive is very strongly in favour of this commitment and I hope it will continue into the future.”

He added, “In celebrating our 25th anniversary, we are also celebrating ties that were forged by emigration from Ireland to America and the contribution made in every field by the Irish in America. This Irish/American connection has a long and strong future judging by the links between both our communities.

“The Irish have a close a relationship with the American people that is certain to maintain and enhance that connection. At a time when opportunities were denied to them at home, American provided a road to material progress to millions of Irish men and women. Here they would develop as far as they’re abilities would allow them.”

Cllr Considine said, “At the same time their achievements in their new home provided a source of inspiration for those who stayed in Ireland, clear proof of what they themselves could achieve.

“The economic ties between Ireland and America remain very, very strong. Since the 1960s, America has been responsible for most of the inward investment to Ireland. It was vital in the creation of employment and the building up of our industrial sector.

“Both countries have been working trading partners since colonial times. Likewise, tourism and cultural exchanges are lively and flourishing.”

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Phoenix marching band to play for Ennis schools

MEMBERS of the St Mary’s Catholic School Marching Band in Phoenix will perform at a number of schools in Clare today as they prepare to return home following a week long visit to the county.

The band were among the guests of honor at events to mark the 25th anniversary of the twinning of Ennis and Phoenix. The band is made up of students from 9th to 12th grades. The members follows in the footsteps of other Phoenix groups such as the internationally acclaimed Phoenix Boys Choir and The Phoenix Children Chorus who have performed in Ennis in recent years.

Today they will perform at Barefield Primary School, Scoil Chriost Rí, Cloughleigh and Colásite Mhuire, Ennis before performing a farewell concert at the Temple Gate Hotel.

St Mary’s High School Band follows in the footsteps of other Phoenix groups such as the internationally acclaimed Phoenix Boys Choir and The Phoenix Children Chorus who have performed in Ennis in recent years.

The band return to America on Wednesday. Mayor of Ennis, councilor Peter Considine paid tribute to the band at a civic reception in the town on Friday. He also acknowledged the success of a student exchange programme between Ennis and Phoenix. The Youth Ambassador programme has been a very popular initiative of the twinning relationship between Ennis and Phoenix. Since 1988 over one hundred second level students have participated in annual exchange programmes between Ennis and Phoenix.

Cllr Considine said, “Secondary students each year from Ennis travel to Phoenix as youth ambassadors where they are home hosted by Phoenix families whose children have earlier been house guests of Ennis families. Ennis ambassadors meet up with other youth ambassadors from other Sister Cities programmes and the experience and friendship gained from those meetings, will create long standing friendships in years to come.”

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Brothers of change

THE Brothers of Charity in Kilrush have called for a change of attitude when it comes to traffic management in the town.

A delegation from the organisation called for more pedestrian crossings and safer footpaths in the West Clare town at this month’s meeting of Kilrush Town Council.

Antonio Cebas, an employee of the Brothers of Charity, told the council that a number of changes have to be made to make moving around the town for pedestrians, and especially for people with a disability, safer.

“There has to be a change in mindset that includes all pedestrians and cyclists as well,” he said.

Service-user Kathleen O’Leary has been a campaigner for better pedestrian access in the town for a number of years. She was joined by other services-users at the council meeting and they outlined the challenges they face on a daily basis as they move around the town.

The group highlighted the need for zebra crossings on Toler Street and Francis Street, as well as Fahy’s Road and O’Gorman Street.

Crossing from the Square and the town hall to any of the surrounding streets is all but impossible for pedestrians who may have even a slight disability, a fact that was recognised and accepted by the council mem- bers and executive.

All in attendance agreed that outside the library is also problematic.

Ms O’Leary also raised concerns about the condition of certain footpaths in the town.

“I had a bad fall there and was in the hospital for a few days,” she said.

Other members of the delegation raised concerns about speeding in the town and how they are afraid to cross the roads in the evening.

Town Clerk John Corry asked the group to report any loose cobbling that they come across to the council so it can be addressed immediately.

“It would also be useful if you were to make a complaint to the gardaí as well [in relation to the speeding],” he added.

Cllr Ian Lynch (FG) added that it was a shame that citizens of the town had to come into the chamber to tell the council what it already knew and had been highlighting for years but with no success.

He said the council was also struggling to get the Road Safety Authority to see its point of view in relation to certain road safety issues in the town.

Ms O’Leary asked when the group would be meeting again with the council, adamant that some changes should be made soon.

No date was set, but the council agreed to discuss the matter at its next traffic management meeting.

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Friends again after breach of the peace daylight scuffle on Kilrush street

TWO friends who engaged in what a Judge described as “intolerable behaviour” on a main street in Kilrush last year have received prison sentences. John Keenan (31) and Martin O’Brien (31) were involved in a fight on Henry Street, Kilrush on July 6 (2012).

Both men appeared before Ennis District Court on Wednesday. Mr Keenan, with an address at Waterpark Heights, Ennis and Mr O’Brien, with an address at the Bungalow, Wood Road, Kilrush, pleaded guilty to engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace.

Inspector Tom Kennedy told the court that the scuffle between the pair led to the window of a nearby pharmacy being broken.

Mr O’Brien has 35 previous convictions and Mr Keenan has 72 previous convictions, the court heard.

Solicitor for Mr O’Brien, Daragh Hassett said the pair had fallen out “over something so stupid they can’t even remember.”

He said Mr O’Brien immediately had the window replaced after the incident.

Solicitor for Mr Keenan, William Cahir, said this was an incident between two friends that would not normally occur.

The court heard the men, who are both currently serving prison sentences, pleaded guilty to the offence at the first possible occasion.

Judge Patrick Durcan said this was a row that occurred at 12.15pm while people in Kilrush were going about their business.

He added, “This kind of behaviour on a street in daytime is intolerable.”

Noting their guilty pleas, he imposed a two-month sentence on each accused, consecutive to the sentences currently being served.

Recognances were fixed in the event of an appeal.

Judge Durcan remarked he had observed both accused during proceedings. He said they seemed to be enjoying their day in court.

He added, “It seems (they got) as much enjoyment as sitting down for the day watching Cheltenham.” A T EEN A GER who admitted damaging and stealing fromcars in areas of Sixmilebridge last year has been told he must abide by the directions of the Probation Services. Last December Mark Burke (19), with an address at 26 Beechwood Grove, Sixmilebridge, admitted to the theft of Sat Nav systems fromcars in O’Garney Heights and Oakwood and to the theft a wallet and portable cd player fromcars in Oakwood and O’Garney Heights. He also pleaded guilty to two charges of criminal damage at Beechwood Grove and O’Garney Heights.All of the charges relate to September 9 (2012).The court heard Mr Burke forcibly entered two cars and took items fromthem.The court heard Mr Burke was intoxicated on the night having consumed 20 Xanax tablets and vodka.The accused co-operated with gardaí and paid compensation. Mr Burke has no previous convictions. Sentence was adjourned pending a report from the Probation Services. At Ennis District Court onWednesday, Judge Patrick Durcan said he was concerned that the report stated that Mr Burke had been reluctant to engage with the services. Defence solicitor Stiofan Fitzpatrick acknowledged issues had arisen but said the report ended on a positive note for his client. He said Mr Burke had commenced a training course and is currently abstaining fromalcohol and other substances. Mr Fitzpatrick added,“I believe he is on the cusp of turning a corner.” Judge Durcan noted the accused’s difficulties, good record and the support provided by his family. He also acknowledged the traumatic effect of the death of the Mr Burke’s father. However, Judge Durcan said these were serious offences and the Probation report had indicated a high risk of re-offending. Directing Mr Burke to remain under the supervision of the Probation Services, Judge Durcan adjourned the case until April 10. Judge Durcan said if he was happy that progress was made, he would adjourn the case after that for a further two months. T W O MEN have been ordered to pay a contribution to charity after pleading guilty to their roles in a “serious public order incident” that occured in Shannon on NewYear’s Day The incident, which Ennis District Court heard, involved as many as 14 people, occurred at the Cluann Alainn estate near Hurler’s Cross on January 1 (2013). Two Sixmilebridge men John Cahill (21) and David Aherne (21) appeared in court onWednesday charged in connection with the incident. Mr Cahill, with an address at 32 Cluain Driochead, Sixmilebridge, pleaded guilty to a charge of trespass. Mr Aherne, with an address at Riverview, Ballysheen, Sixmilebridge, pleaded guilty to a charge of engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace. Inspector TomKennedy said this was a “serious public order incident” that occurred in the estate at around 4.45amon the morning in question. The court heard Mr Aherne and Mr Cahill travelled to the area fromShannon town centre in a taxi. The court heard the accused went to the house of a person alleged to have been involved in a dispute with their friend. Inspector Kennedy said between 12 and 14 people arrived at the house in three taxis, two fromShannon and one fromEnnis. A married couple, their two children and one grandchild were in the house on the night. In total, seven people have been charged in connection with the incident. The court heard that on the night, David Aherne was shouting and roaring while John Cahill trespassed on the property. Inspector Kennedy said the accused’s invovlement “forms part of a bigger issue” alleged to have occurred on the night. Addressing Judge Patrick Durcan, Insp Kennedy said,“It is a very unusual public order incident and you will hear more about it.” Neither man has any previous convictions. Defence solicitor Daragh Hassett said his clients had been on the way home to Sixmilebridge and were brought by taxi to the house. “They were in the wrong place at the wrong time,” he added. He said there had been a “herd mentality” on the night in question. Mr Hassett said he was confident his clients would not be before the court again. He said,“This was an unsavory incident but they were at the very edge of it.” Judge Patrick Durcan said it was obvious that alcohol had played an involvement, a point accepted by Mr Hassett. Judge Durcan said,“They were souped to the gills and didn’t knowwhether they were coming or going.” Judge Durcan noted the accused’s good record and early guilty pleas. He said that while he wished to emphasise his revulsion at what happened on the night, he was not going to criminalise the pair. He said that if each man paid of sumof €600 to the court poor box by April 17, he would strike out the charges.

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Heathrow flight is changed

FLIGHTS in and out of Shannon Airport dropped by 17 per cent last month, when compared to the same period the previous year it was announced this week. Coinciding with those figures was the announcement that Shannon’s early morning Heathrow flight is to be put back to a later time. According to figures released by Irish Air Traffic Control, the drop of traffic into the Clare airport was significant when compared to the other State airports, who also suffered a drop in numbers.

Shannon was down an average of 44 commercial daily movements when compared to February 2012.

Dublin had a drop of 1.6 per cent while Cork was down 2.1 per cent. However Irish air traffic is set to increase over the next seven years, according to the latest air traffic forecast published by Euro Control.

There was mixed reaction this week to the news that Shannon’s daily morning flight to Heathrow will now fly on a later schedule. Previously the flight left Shannon at 7.30am, landing in Heathrow at 9am. From March 31st the flight goes back to 8.45am meaning passengers will not now be in London until 10.15am.

The switch will affect many people in the Mid-West region who commute to London every week for work, the change meaning they cannot be in their offices before at the earliest, 11.30am on Monday mornings.

The remaining two flights to London Heathrow, at 12.50pm and 5.10pm remain unaffected.

The change may offer an opportu- nity for another airline to come into Shannon and offer an alternative early morning flight into London. The Aer Lingus slots at Heathrow have long been a source of envy from other airlines, not least Ryanair who are said to covet the routes in and out of Heathrow, which would have been an attractive part of their purchase of Aer Lingus, which they are still pursuing.

Shannon Airport will fall under the complete control of the ‘Newco’ in three months times, with a new CEO expected to be appointed in April.

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White smoke between North Clare brothers

A NORTH Clare farmer who threatened his brother in a dispute over money has had the charges against him struck out. Last month Gus Howley (56), of Ballytigue, Lisdoonvarna, pleaded guilty to threatening his brother at Larrakea, Kilfenora on November 8, (2012).

He also pleaded guilty to causing € 1500 worth of damage of his brother’s car.

Mr Howley brought a slash hook with him but broke it on the way to a site where his brother Michael was working. Michael Howley was on a scaffold and rang the gardaí because he feared for his life.

Gus Howley had come to the site “in a fit of rage” after money owed to him by his nephew was not repaid. The court previously heard that Gus Howley’s nephew has moved to the United States.

After hearing the case at Ennis District Court last month, Judge Patrick Durcan urged the family to make peace. He adjourned the case pending the outcome of family negotiations.

The case came back before Ennis District Court on Wednesday. The court heard that meetings had taken placed between the brothers.

Asked by Judge Durcan if there was “black smoke or white smoke” arising from the meetings, Ennistymon based Garda, Noel Carroll said, “We have white smoke.”

Garda Carroll told the court that Gus Howley apologized to his brother at a meeting in Ennistymon Garda Station. Michael Howley accepted the apology and the brothers agreed to put the incident behind them, the court heard.

Defence solicitor Jim Finnegan said, “They shook hands and peace has broken out between the brother’s concerned.”

Mr Finnegan said his client had brought € 500 compensation to court. Judge Durcan told Gus Howley that he accepted his word he would pay his brother back for the damage caused. Describing Gus Howley as a “decent man”, Judge Durcan commended the brothers for working out their differences. He struck out the charges against Gus Howley.

He said, “I’m satisfied you won’t offend again.” Judge Durcan also praised the role played by Garda Carroll, saying communities in West and North Clare are “lucky” to have a guard of his quality.

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€500 fine for €500k horn dealers

TWO Limerick brothers have been fined € 500 each after they were caught illegally attempting to import rhino horns worth almost € 500,000 through Shannon Airport three years ago.

Jeremiah O’Brien and (33) and Michael O’Brien (28) were stopped in Shannon Airport on January 13 (2010) due to their demeanor and the size of their luggage. Ennis District Court heard on Friday that customs officers seized eight rhino horns from the brothers who had returned from Faro, Portugal.

Jeremiah O’Brien, with an address at 22 Roche’s Road, Rathkeale, Limerick, pleaded guilty to the illegal importation of four rhino horns valued at € 231,760.

His brother, Michael O’Brien, also with an address at 22 Roche’s Road, Rathkeale, Limerick, pleaded guilty to the illegal importation of four rhino horns valued at € 260,400.

Denis Twohig of the Revenue Commissioner’s Investigations and Prosecutions Unit told the court that it is an offence to import rhino horns without license.

Evidence of valuation was given by George Mealy of Mealy’s Fine Art Ltd. Mr Mealy, a Castlecomerbased valuer and auctioneer, told the court that at the time the brothers were stopped rhino horn was valued at € 20,000 a kilo. He said the same quantity is now worth € 60,000. Mr Mealy said, “It’s worth more than gold at the moment per ounce.”

Judge Patrick Durcan accepted jurisdiction on the basis that the offence was germane to the breach of the regulations and not the value of the horns.

Defence solicitor John Cussen told the court that the horns were antique, dating from the 1960s, and not from a freshly killed rhino.

He told the court that the trade in rhino horn is fuelled by a “superstition in the Far East” that rhino horn is an “aphrodisiac that enhances sexual performance”.

He said the brothers acquired the horns from a Portuguese antique dealer named Hernandez. He said Mr Hernandez had entrusted the horns to the O’Briens who were to mount them on a board in Rathkeale before returning with them to Portugal.

Mr Cussen said the brothers are antique dealers who travel frequently throughout Europe. He said their circumstances are not good and that their families live in caravan parks in France and Germany. They have no previous convictions.

Mr Cussen said the brothers wished to apologise to the court. The brothers faced a maximum fine of € 1,250 and/or 12 months in prison.

Judge Patrick Durcan said, “In my relatively short time as a judge, this is one of the most interesting and intriguing cases I’ve had to deal with it.”

State solicitor Martin Linnane said, “I’ve never come across a case like this before.”

Judge Durcan said he was satisfied the horns were antique. He said the brothers had made no efforts to conceal the horns and that their actions had not in any way harmed a worldwide campaign aimed at protecting rhinos from poaching. Noting their guilty pleas and good record, Judge Durcan fined each man € 500 with three months to pay.