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Four returned for trial following Oct 2012 incidents at Maid of Erin

FOUR people have been returned for trial for their alleged involvement in a public order disturbance at a roundabout in Ennis last year.

At Ennis District court on Wednesday, Books of Evidence were served on Bernard McDonagh Snr (45) Christopher McDonagh (38), Bernard McDonagh Jnr (22) and a 16year-old boy.

The four are facing charges arising out of an incident at the Maid of Erin Roundabout, Ennis on October 14 (2012).

Bernard McDonagh Jnr (22), with an address at 1 Ashline, Kilrush Road, Ennis is charged with possession of an article with intent to cause injury and the production of an article in the course of a dispute.

The teenager, who cannot be named for legal reasons, is charged with possession of a hatchet with intent to cause injuries to John Doherty, Martin Doherty and Jimmy Doherty. He is also charged with the production of a hatchet.

Christopher McDonagh, with an address at 1 Davitt Terrace, Cloughleigh, Ennis and Childers Road, Ennis, is charged with production of an iron bar and possession of an iron bar with intent to cause injury to John Doherty, Martin Doherty and Jimmy Doherty.

All three accused are also facing a charge of violent disorder arising out of the same incident.

Inspector Tom Kennedy told the court that the State were seeking an amendment to the wording of the charge of violent disorder against all three accused.

Insp Kennedy said the State wanted to replace the names of individuals contained in the charges with the phrase, “two or more persons.”

Solicitor for Bernie McDonagh Jnr and the teenager, Daragh Hassett, consented to the change.

Solicitor for Christopher McDonagh, Tara Godfrey, said she had been instructed to object to the amendment. She said the amended charge represented a “fundamental change in the allegation” against her client.

Insp Kennedy disagreed, saying it did not alter the substantive matter of the violent disorder charge.

Judge Patrick Durcan said he agreed with Insp Kennedy. He approved the amendment.

Garda Irene O’Flynn gave evidence of having served the Books of Evidence on all three accused.

Curfew for Bernie McDonagh Jnr was extended to 11pm. Legal aid was approved for solicitor Shiofra Hassett and one junior counsel.

In respect of the teenager, legal aid was approved for solicitor Joseph Considine and one junior counsel.

Legal aid was approved for Ms Godfrey and one junior counsel in respect of Christopher McDonagh.

The Book of Evidence was also served on Bernie McDonagh Snr.

Mr McDonagh, with an address at 1 Ashline, Kilrush Road, Ennis is charged with the assault of John Doherty.

He also faces three charges of criminal damage and one charge of dangerous driving.

It is further alleged that Bernard McDonagh Snr drove a vehicle in a dangerous and reckless manner, which created substantial risk of death or serious harm to another.

Bail was approved for Mr McDonagh on condition that he reside at Nashes Boreen, Cork City and report daily to a garda station.

Legal aid was approved for Daragh Hassett and one junior counsel.

All four accused were returned for trial to the current sittings of Ennis Circuit Criminal Court.

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Addict demanded money from pregnant woman

A DUBLIN man who demanded money from a pregnant woman during a shop robbery in Ennis last January has been sentenced to 16 months in prison.

Joshua Brophy (23) had consumed cocaine and alcohol prior to stealing € 325 from Liddy’s Costcutter, Mill Road, Ennis, on January 12 (2012).

Mr Brophy, with an address at Flat 1397, South Circular Road, Rialto, Dublin, was sentenced at a sitting of Ennis Circuit Criminal Court on Friday.

The court heard the heavily pregnant woman believed the man used a knife like instrument when he de- manded the money from her.

No weapon was recovered and CCTV footage indicated that the man did not know the woman was pregnant, the court heard.

Judge Gerard Keyes said the incident had a traumatic effect on the woman who he said was extremely anxious for the welfare of her unborn child.

“This was a serious offence and one that had a very traumatic effect on the victim,” he added.

Judge Keyes said Mr Brophy had been under the influence of drugs and alcohol having partied all night in Ennis.

He said cocaine had given the accused the “courage” to commit the offence.

Mr Brophy has 86 previous convictions, the court heard.

Judge Keyes said he had been told that Mr Brophy had incurred a drug debt of € 36,000 at the time of the robbery.

He said the accused had offered his apologies to the victim.

The court heard Mr Brophy comes from a difficult family background. He had been homeless for a period as a teenager and become addicted to heroin aged 15.

Mr Brophy is currently clean of all substances and has requested a place in the Cuan Mhuire residential treatment centre.

Judge Keyes said he had been told the accused is very anxious to remain drug free and is eager to rehabilitate himself.

A letter of support from homeless campaigner, Fr Peter McVerry was handed into court.

Judge Keyes said he wanted treatment to be an aspect of the sentence imposed on Mr Brophy but that there are a lack of residential treatment places available.

He added, “Fr McVerry is doing what the State should be doing and that is what concerns me.”

Mr Brophy was sentenced to three years in prison, with the final 14 months suspended.

The sentence was backdated to February 5. A direction was also issued for Mr Brophy to come under the care of the Probation Services on release. T W O MEN charged with smashing up a van in an Ennis estate last year have had their cases adjourned until April. Dylan Dinan (20), with an address at 6Water Park Court, Ennis and MartinWard (25), with an address at 17 Main Street, Gort are charged with the criminal damage of the windscreen and bodywork of a van at Maiville, Ennis on October 11 (2012). Inspector TomKennedy told Ennis District Court onWednesday that the Director of Public Prosecutions (DPP) had directed summary disposal of the case. He said it would be alleged that the accused went to Maiville at around 8.30pmand damaged the van belonging to a woman with a baseball bat. He said the cost of the damage has been estimated at €4767. Judge Patrick Durcan accepted jurisdiction. Solicitor for Mr Dinan,Tara Godfrey, said she would be seeking disclosure fromthe State. Mr Ward was not present in court for proceedings. His solicitor, Daragh Hassett, told the court that his client had been advised by gardaí not to come to court because of the presence of certain individuals. Both men were remanded on bail to appear again at Ennis District Court on April 3. A MA N has appeared in court charged in connection with a public order incident on the Kilrush Road in Ennis last month. Anthony McDonagh (26) is charged with engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace at Maiville, Kilrush Road Ennis on February 28 (2013). Mr McDonagh, with an address at 37 Maiville, Kilrush Road, Ennis is also facing a charge of being intoxicated in a public place. Inspector TomKennedy said the matter is to be referred to the Director of Public Prosecutions (DPP). Solicitor Tara Godfrey requested that the case be adjourned to April 10. Legal aid was approved for Ms Godfrey. A MA N allegedly found in possession of cannabis and ecstasy at an Ennis address has appeared in court. Sean Slattery (23), with an address at 39 Park Avenue, Clon Road, appeared at Ennis District Court onWednesday. He is charged with the unlawful possession of ecstasy and cannabis herb at 39 Park Avenue, Clon Road on February 17 (2013). He is further charged with having cannabis for sale or supply at the same location and same date. Inspector TomKennedy said the Director of Public Prosecutions (DPP) had yet to issue directions in the case. He requested a two-week adjournment. Defence Solicitor Daragh Hassett consented to the adjournment on behalf of his client.The case was adjourned until March 13. T W O MEN

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‘In dire need of treatment help’

A KILRUSH man in “dire need of help” to fight a heroin addiction has had his case adjourned until April.

Grave concern was expressed for the health of Anthony Sweeney (20) at Ennis Circuit Criminal Court on Friday.

Mr Sweeney was in court having pleaded guilty to a charge of burglary at Dysart, Kilrush on June 26 (2012).

The court heard that the accused and another man were seen searching a car outside a house in a rural are of West Clare.

The court heard a set of keys had been taken from the house.

The offenders fled on bikes to a wooded area after being disturbed and the gardaí were called.

Mr Sweeney, with an address at 13 Wood Road, Kilrush, was subsequently arrested and made admissions to gardaí.

Detective Garda Donal Corkery of Kilrush Garda Station gave evidence in the case.

The court heard Det Corkery has taken an active interest in the welfare of Mr Sweeney by regularly liaising with the Sweeney family.

He said the accused suffers from a chronic addiction to heroin. Det Corkery told the court he had “grave concerns” for the health and wellbeing of Mr Sweeney due to his drug addiction.

He said he would consent to an adjournment of the case on the basis that Mr Sweeney was remanded in custody.

Det Corkery said, “I believe he is in dire need of help in terms of his drug addiction and he won’t get it himself.”

The court heard Mr Sweeney’s family have been left “very, very drained” by the impact of drug abuse.

Counsel for Mr Sweeney, Mark Nicholas BL, told the court that heroin abuse is an “awful course to be afflicted with.”

Judge Gerard Keyes remarked that this was the third case that day he had dealt with where a lack of residential treatment places for drug users had emerged as an issue in sentencing.

Mr Nicholas said, “They (addicts) are a voiceless people who cannot march on the Dáil Éireann (to be heard).”

Judge Keyes said greater availability of drug treatment and rehabilitation facilities would save money for the State in the long term.

Judge Keyes said that if Mr Sweeney went back on the streets without access to appropriate services, “the chances of re-offending because of drug use would be high.”

Judge Keyes said that irrespective of there being no violence involved, he regarded Mr Sweeney’s offence as a serious one.

“People are entitled to reside safe in bed at night,” he added.

Sentencing was adjourned until April 16, pending involvement from the Probation Services. Mr Sweeney was remanded in custody.

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Online tickets coming down the track

CLARE people commuting by train to and from Galway will be able to purchase tickets online before the end of April.

The lack of an online booking option has been identified as one of the main reasons why the numbers using the service have not met expectations since the Ennis to Athenry section of the Western Rail Corridor was reopened in 2009.

There was more good news for the service as new figures reveal that passenger numbers on the route jumped by almost 5 per cent in 2011. The total number using the rail service between Galway and Limerick rose from 224,166 to 235,555 in 2012.

Figures provided by Irish Rail for the Ennis to Athenry section of the track showed that just 34,235 used the midsection service in 2012.

This figure is a slight reduction on 2011 with the growth in passenger numbers being largely driven by passengers travelling from Ennis to Limerick and from Athenry to Galway.

A spokesperson for Irish Rail acknowledged that the majority of the growth in 2012 was generated in commuter journeys between Ennis and Limerick and Athenry and Galway, but insisted that the midsection of the track will be strengthened by the advent of online booking.

“We have been working ourselves and with stakeholders to grow demand on the route, and undertook a number of initiatives in the final third of last year which have yielded improvements, including free car parking at Gort and Ardrahan and targeted promotion of student commuter tickets and adult taxsaver tickets. We will ensure that there is continued targeted promotion of the service as part of our commercial plan,” said an Irish Rail spokesperson.

“We have committed to extending the online system to this route as soon as possible. Currently, our online system supports bookings only where the train has an electronic reservation system on board.

“We are currently working to modify this to support all trains on all routes, and we expect this to be completed in the next two months,” they added.”

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Teens take a fresh look at films

CLARE Youth Service’s Shannon film project hit the big screen last week with their double entry in the Fresh Film Festival at the Lime Tree theatre in Limerick. Their short film entitled ‘Dairy Milk’, a remake of the peculiar Cadbury’s Dairy Milk advert where two school children show off their amazing eyebrow gymnastics, impressed “Fresh” judges and was put through to the finals which will be held on March 20 in the Odeon Theatre Limerick. Resident filmmaker to the project Emma Sams remarked, “All the young people involved with the project are delighted with the result. Fresh Film Festival is one of the larger film festivals for young film makers in the region so it’s a great feeling to see your film go through to the final stages.” The remake was originally made as an advert to go with the main film, which was also entered into the festival called ‘Drug Love Dealers’. The film followed a young couple through the possible pressures of teenage life and the choices they make in dealing with them. Project participant Nicole McKee said, “While we are a little disappointed that our main film did not get through, we are delighted that the ad did. It took a long time to make and it was very tricky to get some of the camera angles right so we learned quite a bit about film making just from doing it. The group are delighted to be returning to Limerick for the second round in March and also hope to start on their next project soon. Anyone 14 to 17 years of age interested in getting involved with the film project in Shannon can contact the youth worker in Shannon, Thomas O’Hara, on 085 8019666 or email tohara@clareyouthservice.org.

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French artists behind Cliffs vandalism

THE mystery artists who spraypainted a large mural on the side of the Cliffs of Moher have been identified as members of a Paris-based art collective known as the Dirty EST.

A short film, depicting two people journeying through Ireland on a graffiti rampage, was released last Wednesday evening on file-sharing website Vimeo.

The video depicts one male and one female graffiti artist, named as Dirty Edoir and Mama respectively, as they journeyed from Dublin to Galway and onto Clare, completing graffiti along the way.

The video depicts a mural being completed by Dirty Edoir at an unidentified derelict site in Dublin, as well as on a railway bridge in Galway.

The largest section of the video, however, shows the couple travelling from Galway to the Cliffs of Moher where Dirty Edoir can be seen completing the controversial mural.

The video closes with a shot of the pair looking out over the Atlantic Ocean from the Lahinch Promenade.

After going live late on Wednesday evening, the video received a slew of negative comments through social media about the graffiti on the Cliffs of Moher.

The video was removed from the Vimeo website early on Thursday morning.

A number of attempts to contact members of the Dirty EST collective have failed. Indeed, the Paris-based group have taken both their Facebook and Vimeo accounts off-line over the weekend.

It now appears that the pair may have also entered the derelict Corrib Great Southern Hotel in Galway City during their rampage across Ireland.

The Cliffs of Moher also appeared on a French blog operated by Dirty Edoir and Mama, before it was removed over the weekend.

The blog, which is located at mexplo.blogspot.ie, also includes a series of pictures taken from inside the hotel. The images, which were posted by ‘Mama’ depict the interior of the hotel, including the emptied swimming pool and several images of rooms in a state of disrepair.

The hotel, which is located beside the Galway Mayo Institute of Technology (GMIT), is owned by Barrett’s Property Holdings, but has been empty for some time. GMIT had reportedly been interested in turning the former hotel into a cookery school but no firm plans have been announced to date.

Meanwhile, Limerick cleaners from Premier Industrial Cleaning and Maintenance successfully removed the graffiti from the Cliffs of Moher, in what has been dubbed as “comando cleaning”.

The group worked in harnasses above the 600-feet-high cliff for more then eight hours until the offending mural was removed.

“It is a shame that such vandalism has taken place on one of Ireland’s most famous tourist attractions. Severe penalties should be handed out through the courts for such actions. Onlookers who watched us from a distance were shocked that someone had taken such a risk to vandalise such a spot of beauty,” said Billy Marshall of the company.

“In my 21 years in business, this was the most daunting task we have had to carry out.”

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Gardaí stretched to breaking point

GARDA resources in Clare are stretched to breaking point with Clare Chief Superintendent, John Kerin, warning of “serious implications” if fresh blood is not allowed to flow into the force soon. Garda numbers in Clare have been reduced by 48 over the past two years and, according to Chief Supt Kerin, a number of retirements and career breaks are due to take place in the coming months.

Chief Supt Kerin also warned that he may have to take matters into his own hands and close number of smaller stations later this year because of a lack of manpower. This comes following the release of statistics for 2012 which show that gardaí in Clare have been performing welldespite the cuts.

“Four more members are leaving over the next two months and a number of others are looking at career breaks later this year. There is a rush of gardaí leaving in the months ahead. We have lasted well so far [during the recruitment embargo] but I simply can’t sustain the level or service that we are providing without new members coming in,” he said.

“The areas that will suffer are opening hours in rural stations and charities fundraisers that gardaí currently assist. I hope it doesn’t come to this but I have to be frank. We have done well up to now but there will be a serious implication on services if this situation does not change. If I don’t start getting more manpower, it may not be the Government who makes the decision about closing more stations [in Clare], I may have to do it myself because of a shortage of manpower.”

Speaking at last nights meeting of the Joint Policing Committee (JPC), former Mayor of Clare Pat Hayes (FF), called for an end to the recruitment embargo which has been in force for the last four years. “Maybe you can’t say it because of political reasons, but I can say it. There has to be a lifting of the embargo on recruitment for gardaí,” he said

Meanwhile, Chief Supt Kerin threatened to walk out of last night’s meeting if a motion of no confidence in Justice Minister Alan Shatter (FG) was allowed to be tabled.

The motion was suggested by Cllr Cathal Crowe (FG) but was ruled out-of-order by the chair of the JPC, Cllr Joe Arkins (FG).

As Cllr Crowe debated this ruling with Cllr Arkins, Garda Kerin intervened and threatened to walk out of the meeting if the motion was allowed to go forward.

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‘I will be trapped in my own home’

A VISUALLY-IMPAIRED Ennisman is terrified that he will effectively be a prisoner in his own home in four months time, as he faces the loss of his Mobility Allowance.

Thomas Connole believes that the loss of this monthly grant that allows him limited independence and dignity is very likely, as the Government has failed to guarantee an alternative fund.

The 45-year-old depends on the funding system to provide for taxi trips so that he can attend social outings and be free to leave and return from his own home at will.

There is not sufficient public transport to meet with Mr Connole’s needs, and as he is blind, driving is not an option. This grant provides for his only form of transport, and now he fears it will be taken from him, and more people in the county who are highly dependent on it.

“If this goes it means I cannot get out,” he said.

Mr Connole is supported by a personal assistance for a few hours every day, but as he pointed out they are not always available.

He then uses his mobility allowance to attend his horse ridding classes or to socialise.

“I am a huge music fan and there are a lot of dances at a local hotel and I like to go there,” he said.

“This allowance will go, and I am worried I am going to be housebound. I will effectively be trapped in my own home. I also fear I will have to stop horse ridding if it is taken away.”

The music enthusiast is most fearful of the isolation of being restricted to his own home, an isolation that could impact on the mental well being of many people reliant on the payment for their independence.

“That is what the Government don’t think of. They think of the overall picture and not of how it impacts on those involved. There are talks that they are going to give the money to organisations and that won’t work for the individual. No one person has the same needs, or have the same appointments,” he said anxiously.

The Mobility Allowance was a means-tested monthly payment payable by the Health Service Executive (HSE) to people aged between 16 and 66 years who have a disability and are unable to walk or use pub- lic transport and who would benefit from a change in surroundings.

The Ombudsman Emily O’Reilly repeatedly warned the Government that by putting an age limit on the scheme it was in contravention of equality legislation.

Last week the Department of Health axed this payment and the Motorised Transport Grant stating the two schemes would be a burden on the exchequer if they were to operate in accordance with Equal Status Acts. The Government has failed to guarantee that an alternate fund- ing stream will be in place for people with disability next July, when payments of existing mobility support ceases.

The Department of Health has set up a review of the schemes, with the review group instructed that any solution to the mobility needs of those affected must be devised within a funding limit of € 10.6m.

The Minister for Health James Reilly maintains that extending the schemes along with Ms O’Reilly’s recommendations would cost approximately € 170m per annum.

Dermot Hayes, Disable People of Clare, criticised the Government as they had been aware of the Ombudsman’s concerns about this payment for a long time, but failed to act or put an alternative in place before axing the current payments.

“This is a huge cop out. They can sort the banks with an overnight sitting of the Dáil. I cannot understand why they cannot change this quickly,” he said.

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‘Intended stealing parked car but then decided to set fire to it on discovering it had no engine’

A TATTOO artist has received a six month suspended sentence for his role in an incident that saw a car set ablaze outside an unoccupied house in Ennis three years ago.

Siegfried Avenstrup (23) acted as lookout when the grey Suzuki car was damaged by fire at 6 St Anne’s Terrace, Clon Road, Ennis on December 9, 2009.

Mr Avenstrup, with former addresses at Lios an Cnoic, Barnaderg, Tuam, Galway and Laurel Lodge, Ennis, pleaded guilty last month to a charge of criminal damage.

A jury last month unanimously found Mr Avenstrup not guilty of a charge of damaging the house by arson.

He was one of three people who were on the premises when the incident occurred.

Garda Emmet Roche of Ennis Garda Station told the court that Mr Avenstrup and two others had come to the house with the intention of stealing the car.

When they discovered the car was incapable of being stolen, the court heard, a decision was made to set the car on fire.

There was no engine in the car, which was valued at € 500.

The court heard that Mr Avenstrup was part of the decision to set the car on fire.

The court heard that the car had been parked at the house to give the impression the premises was occupied as homeless people had been entering the house.

Garda Roche said the accused was subsequently arrested and made full admissions.

The court heard Mr Avesntrup is originally from South Africa and had lived in Sixmilebridge. He is currently leasing a tattoo parlour.

Counsel for Mr Avesntrup, Pat Whyms BL, said his client had not wanted any part in stealing the car.

He said his client acted as lookout while other people set fire to the car.

Mr Whyms said his client “strongly apologises” to the owner of the car that was damaged.

He added, “He greatly regrets his involvement in this activity on that night.”

Judge Gerard Keyes said Mr Avenstrup had shown a “complete lack of respect” to the owner’s property.

Judge Keyes said that while the accused was not involved in the burning of the car, he participated in an important aspect of the offence, that of lookout.

He said the law regards a person who acts as lookout to be as important as the person who burns the property.

He imposed a six-month sentence, suspending it for one year.

Mr Avenstrup was also ordered by the judge to pay compensation of € 200 to the car owner within six months.

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Hogan Motors takes on Renault

FOURTEEN people will be employed after car firm Renault announced details of a new dealership in Ennis.

The Gort Road based Hogan Motors in Ennis will run the new Renault dealership.

The well-known car dealer has been in the business for over 37 years. Dealer principal Paul Hogan and his wife Mary will run the dealership which will employ 14 people. Renault Ireland’s latest dealership will retail Renault passenger and commercial vehicles and facilitate Renault after sales and servicing, and will service Clare and neighbouring counties.

Hogan Motors Renault is open for business and Renault Open Week until March 9. Duncan Minto, Managing Director, Renault Ireland said, “We are delighted to announce that Hogan Motors is on board as our new dealer in County Clare and look forward to working closely with Paul and Mary Hogan. The Hogan family have worked in the motor industry for over three decades so are well served to offer great customer service and assistance.”

Paul Hogan said, “We are delighted to be given the opportunity to represent Renault in County Clare. The Renault range delivers ‘desirability with affordability’ and this, we feel, is exactly what the motoring public are looking for right now. We look forward to welcoming all our customers new and old to our premises on the Gort Road, Ennis, for the Renault open week from March 4 to 9.”