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A FORMER judo instructor yesterday received a two-year sentence after pleading guilty to six counts of indecent assault. Thomas Waters (68), with an address at Moore Street, Kilrush, pleaded guilty to the offences at Ennis Circuit Criminal Court.

The charges related to offences committed between April 1979 and March 1981. The court heard that Waters assaulted the boy, who was a member of his judo club in Ennis.

The abuse started when the boy was aged nine and consisted of the accused masturbating the victim and digitally penetrating his anus.

Sergeant Catriona Houlihan, who led the investigation of the case, told the court that the boy was also as saulted and shown pornographic material during an orienteering trip to Cratloe Wood.

The court heard that after the boy asked Thomas Waters to stop, he told him he would if the boy got his younger brother to take his place.

The victim made a full statement of complaint to gardaí in July 2011. Reading from a Victim Impact Statement, the man told the court that he was seduced by the image of Waters as a “strong and powerful man”. He added, “To me, he was the equivalent of Bruce Lee.”

The man said the abuse had a negative impact on his education and that he was prescribed anti-depressant medication at an early age. He told the court that he had “deep feelings of guilt and shame” for denying to his parents that Thomas Waters abused him.

The man said he suffers from posttraumatic stress disorder and finds it difficult to be in group situations. He said he would like to re-enter education but had been unable to do so.

He said, “This is a life sentence which I began as a child.” The man told the court that he did not want an apology as it would only be “insulting”. He thanked the Ennis Rape Crisis Centre, SHINE and the gardaí for the support they had given him.

Counsel for Waters, Mark Nicholas BL, told the court that the victim had been subject to a “series of outrageous activity which rightfully outrage people and rob people of their childhood.”

He urged the court to consider the accused’s behaviour in the intervening years and his guilty plea. Mr Waters is currently serving a four-year sentence for indecent assault.

Judge Carroll Moran said the accused’s guilty plea is important as it is an acknowledgement of wrongdoing and avoids imposing additional trauma on the victim. He said the fact that the nature of the abuse was of a continuous nature was “very serious”.

He imposed a two-year sentence, concurrent on all counts, to be served consecutively on the expiration of the sentence now being served. Tue05February13

PARTNERSHIPS between local authorities, the business sector and the emergency services has been highlighted as the key factor in Ennis’ successful Purple Flag application, details of which were announced yesterday.

Ennis has become the first town in Ireland to earn the international award, which aims to broaden the appeal of night time destinations.

Ennis and Dublin’s Business Improvement District were yesterday named recipients of the Purple Flag, an award handed out by the Association of Town Centre Management (ATCM) in England. It is hoped the award will help enhance Ennis’ appeal as a tourism destination.

According to the judging panel, a key part of the success of both the Dublin and Ennis applications for this award was the partnership approach taken by Ennis Town Council, Promote Ennis, Shannon Development, Ennis Gardaí and the business community represented by Ennis Chamber and Ennis taxis.

The Purple Flag accreditation required excellence in the area of five criteria. The town centre that receives the award must score highly in wellbeing (safety and cleanliness), movement (traffic flow and public transport), broad appeal (appeal for people of all ages and interests), place (vitality and cultural stimulation), and policy envelope (clear aim).

In a statement, the Purple Flag judging panel stated, “The final criterion is the most important – policy and planning. A Purple Flag designated centre must have a clear sense of purpose and a plan for continued success. Dublin’s Creative Quarter and Dame District and Ennis fitted all five criteria perfectly and exemplify what it means to be a Purple Flag honouree.”

Brian O’Neill, Chairman of Promote Ennis, said, “We are delighted to be the first town in Ireland accredited with the prestigious international Purple Flag award proving Ennis’ claim to be the Friendliest Town in Ireland. It is a huge honour and credit to the town, the people of Ennis and Clare and our dynamic working group – a collaboration incorporating the Ennis’ business community, Ennis Town Council, Shannon Development and Ennis Gardaí. Visitors to the town can enjoy a vibrant, appealing, well-managed and safe evening and nighttime economy. This distinguished accreditation brings with it increased tourism potential for Ennis and ranks the county town among over 35 towns and cities in UK who are proudly flying Purple Flag, many of which have direct connections into Shannon Airport.”

Martin Blackwell, CEO, The Association of Town Centre Management UK, commented, “Analysis of visitor numbers in towns and cities that hold the Purple Flag status on average see a 10 per cent increase in footfall numbers and as a result this can lead to increased revenue for the area. With 35 cities in the UK holding the coveted status, Dublin and Ennis are the first locations outside of the UK to win the award. It’s a great achievement and we hope to see more towns and cities in Ireland following in their footsteps in the future.”

HUNDREDS of Clare people living in rural areas have paid out up to € 1,000 for percolation tests that they didn’t need, according to a North Clare civil engineer.

Kilfenora engineer Michael Duffy has succeeded in a judicial review against the panel system operated by Sligo County Council and 14 other local authorities in Ireland, including Clare.

As part of the review, which was heard before Justice Paul Cooke on January 21 last, Mr Duffy argued that the panel system was an illegal system while also arguing that there was no requirement under planning law for a percolation test to be carried out as part of the planning process.

Since 2004, Clare County Council has operated a panel system which requires members of the public to pay between € 600 and € 1,000 for a percolation test to be carried out by an engineer on a panel chosen by the local authority itself.

“Waste water treatment is a very important issue for everybody. I think that now [following the judgement] it is up to the Minister for the Environment to state in the planning acts and the associated legislation what the requirement is regarding who can carry out this type of work,” said Mr Duffy.

“Regarding the need for the tests in the first place, I said to the judge that all that was required under the legislation is a soil sample and a plan – so if someone presents themselves at Clare County Council with a brochure and a bucket of dirt, that is all that is needed to meet the legal criteria.

“All engineers have professional indemnity insurance. If a professional engineer certifies that he or she has assessed the site and has come up with a system where the waste water can be treated according to the regulation then that should be enough for any planning authority.

“If it turns out that that system has not been installed correctly then that engineer’s insurance should cover the situation. Then a system would develop where people could choose the best engineers and avoid the worst one, in the same way that they would while choosing a garage for their car.”

While this judgement refers specifically to Sligo County Council, it is also expected to have repercussions on the panel system in all local authorities who use it. Mr Duffy has written to the Minister for the Environment, Phil Hogan (FG), informing him of the judgement and its possible implications.

A spokesperson from Clare County Council told The Clare People yesterday that they are waiting for direction from the Department of the Environment and cannot comment on the implications of the judgement at this time.

“The Council has become aware of this case in recent days and that a judgement has recently been given by the High Court. The judgement applies to Sligo County Council. We understand that Sligo County Council is referring the judgement for consideration at national level,” said the spokesperson.

“Clare County Council along with all other local authorities await the outcomes in this regard which will apply to all local authorities. We are also awaiting a copy of the actual judgement to see what matters have been dealt with and to ascertain. Any appropriate advice will also be obtained from the County Solicitor as the need arises.”

PRESSURE is mounting on Iarnród Éireann to deliver a “dramatic improvement” in passenger numbers on the Ennis to Galway section of the Western Rail Corridor or they could face the consequences, including a possible reduction of services on the line. This was the thinly veiled threat made by the Minister for Public and Commuter Transport, Alan Kelly (FG), last Thursday when he expressed his concerns over the future of the € 100 million project.

The Ennis to Galway section of the line has so far failed to capture the type of passenger numbers seen on the Ennis to Limerick services and is now understood to be under threat as future cuts to services are announced by the rail provider.

A small increase in passenger num- bers has been recorded in recent months and it is hoped that further improvements expected on the line in the months ahead may boost passenger numbers further.

These improvements include the creation of new stations at Crusheen and Oranmore, as well as the introduction of online booking and special online fares.

Speaking last Thursday, Minister Kelly said that the costs associated with the service meant that there was a clear need to improve passenger numbers. He also expressed his hope that the new commercial plan currently being drawn up by Iarnród Éireann would encourage people to use the service more.

Minister Kelly said that it would not be his choice to close any rail lines, but there were “concerns” about the usage of a number of passenger lines on the network.

CLARE County Council is to seek compensation from the source of the massive oil spill on the N18 on Friday evening, resulting in commuters and motorists sitting in traffic for up to six hours.

When the local authority workers attended the scene of the spill on the northbound side of the dual carriageway between Setright’s Cross and Sixmilebridge late in the afternoon, they sprayed it with “road bio” to neutralise the spillage.

“It did not work on this occasion; for whatever reason, the oil seemed more potent,” explained County Engineer Tom Tiernan.

The council workers then doubled the concentration of the neutralising bio, but this still did not work.

“We decided it was not safe at around 6pm or 6.30pm and closed the road,” explained the county’s most senior engineer.

The fire service and council workers from the Shannon area continued to work on what is considered “one of the busiest sections of road in the west” until 11pm when one lane of the dual carriageway was reopened.

They returned to the scene on Saturday morning and continued working until both lanes were considered safe for road users again.

The cost of the clean-up is believed to have cost the council thousands of euro, and it will be seeking recompense.

On Friday night, detours through Sixmilebridge were described as a “fiasco” by motorists, with others critical of the lack of early information on the traffic delay.

One mother of two from Ennis told The Clare People how she was forced to sit in traffic for three hours with her two children during a journey home from Dublin.

“When I looked back on it afterwards, I couldn’t believe that they took our money at the toll and said absolutely nothing as they let us onto the packed motorway,” she said.

“If we had been warned, we could have diverted via Killaloe, as could many others, I’m sure, easing the congestion somewhat.”

The Waterford Crystal hurling semi final in Sixmilebridge on Friday night between Clare and Cork was delayed by 50 minutes as a result of the oil spill.

Some of the Cork team took five hours to reach the venue, nine of their players being trapped in static traffic on the N18 motorway.

THE fight against crime in Ennis has seen members of the local town council to give their backing to a proposal that aims to give an amnesty to everyone who hands over “offensive weapons” to the gardaí without fear of prosecution.

The call received the unanimous backing of members of Ennis Town Council on Monday and is now set to be taken to the floor of annual general meeting of the Clare Joint Policing Committee (JPC) that’s set to take place in the coming weeks.

Independent councillor Paul O’Shea, who is also chairman of the Ennis JPC, tabled the motion before the February meeting of the council. He called on the Minister for Justice, Alan Shatter, to introduce a knife amnesty by providing secure bins to be placed at the public reception area of Ennis Garda Station where people could hand in their weapons. Continuing, he said the bins should also be placed in churches, supermarkets, schools and youth clubs.

“The amnesty should include offensive weapons such as flick knives, butterfly knives, swords and machetes,” said Cllr O’Shea.

“As late as last October we had an incident outside the Cathedral. Caches of weapons have discovered by gardaí year on year in our town. I think it is quite serious, and this gives people an opportunity to surrender their weapons,” he added

In calling for the amnesty to be introduced, Cllr O’Shea warned that the closure of garda stations in Clare could prompt a surge in people holding weapons to protect their properties and their person.

“With eight garda stations closing in Clare – and I believe there will be further closures – there is huge concern out there about future policing,” he said.

“People are going to be driven to have weapons to protect their properties,” he added.

“There mightn’t be too many weapons brought down to the barracks,” warned Cllr Michael Guilfoyle (Ind). “I’d be inclined to keep a pick-axe to protect my property,” he added.

CLARE’S most senior garda has said policing will not suffer in the county, provided there are no further cuts to garda numbers. Eight garda stations in Quin, Inagh, Lahinch, Broadford, Mountshannon, Doonbeg, Kilmihil and Labasheeda will close at the end of the month prompting concern in some quarters about the effect on rural areas of the county.

Senior gardaí have met with communities in recent weeks, while last week a majority of members of Clare County Council voted in favour of a motion calling on the Minister for Justice to reverse the closures.

Councillors also agreed on a motion from the Chairman of the Clare Joint Policing Committee, Cllr Joe Arkins (FG) that said in the event of any station closures, all additional resources be allocated to mobile garda patrols.

A total of 48 gardai have left the Clare division since March 2010, including two superintendents and one detective inspector. No superintendent has been appointed to replace Supt Peter Duff who left his post in Ennis to return to Dublin last July. Crime levels have fallen in Clare by 33 per cent since 2008 but, speaking last week, Chief Superintendent John Kerin warned that the force in Clare would struggle to cope with any further reductions in resources.

He said, “We’ll play with the hand we’re dealt. I’m confident (we can continue to provide effective policing to rural areas), providing we don’t lose any more resources. We’re stretched.”

A reduction in the opening hours of district garda stations has also been proposed. Mr Kerin said it is possible that stations in Killaloe and Ennistymon could close between the hours of 9pm and 7am.

He explained, “The reality is that these stations have very few calls after 9pm. There are cases where guards are not being deployed to the full benefit of the communities they serve. It’s far more beneficial to the community to have guards doing checkpoints and other duties than being deskbound.”

Mr Kerin said that as 999 emergency calls are routinely directed to Ennis first, before being diverted to the relevant areas, there would be no delay in service in the event of station hours being scaled back.

The issue of station closures was to be discussed at yesterday’s meeting of the Clare Joint Policing Committee (JPC). That meeting was adjourned as a mark of respect to Detective Garda Adrian Donohoe. The meeting will now take place on March 4.

THE five North Clare members of Clare County Council are to seek a meeting with Minister for the Environment, Phil Hogan (FG) to get him to officially nail his colours to the mast concerning the funding impasse with sewage treatment facility at Doolin.

Councillors at yesterday’s Ennistymon Area Meeting of Clare County Council accused Minister Hogan of muddying the waters concerning the scheme. Under the Department of the Environment’s new criteria for sew- erage funding, smaller projects such as Doolin are excluded.

However, following a meeting between Minister Hogan and a deputation from Doolin, the indication was given that Clare County Council had not made an application for funding.

Cllr Richard Nagle (FF) requested a copy of all correspondence between Clare County Council and the Department of the Environment concerning the Doolin scheme.

In a letter from Minister Hogan’s private secretary, dated November 19 last, the minister invited Clare County Council to make an allocation but failed to answer specific questions about the department’s own criteria, which effectively excluded Doolin from receiving funding.

“Ultimately what this comes down to, under the present waste water programme, [is that] small towns like Doolin cannot be included. The delay in the sewerage scheme in Doolin has delayed the provision of basic infrastructure like footpaths, lighting and pedestrian crossings,” said Cllr Nagle.

“They are not included in the investment programme and if you are not there, how can you get the funding? You have to wonder why Hogan gave false hope to people.

“It is extremely regrettable that we are getting this game of ducks and drakes being played where civil servants are saying one thing in one paragraph or a letter and another thing in another paragraph.

“People have being given the impression that funding is being provided – but nothing is happening. It is totally unacceptable and people are being left in limbo.”

Cllr Joe Arkins (FG) read details of a correspondence between himself and Fine Gael officials into the minutes of the meeting. The emails, which were dated December 8, 2012, outlined the contraction of Minister Hogan’s comments to the Doolin deputation and the current criteria for sewerage projects.

Lahinch councillor Billy Slattery (FG) suggested that the councillors request a meeting with the minister and get him to clarify the situation once and for all.

“A deputation did go and met Phil Hogan and he did give a positive indication to that deputation. If this goes into 2014, the new water body will be responsible for this; Clare County Council will not have any role to play. Is that why Minister Hogan is kicking this can down the road?” he said

A WOMAN who sent threatening text messages to her ex-boyfriend has been advised by a judge to “grow up”.

Marcella Considine (38), with an address at 2 Delacey Park, Shannon, appeared at Ennis District Court on Wednesday, charged with offences contrary to the Postal and Telecommunications Act.

She pleaded guilty to sending, by means of telecommunications, a message that was grossly offensive, obscene or of menacing character, to a man living at an Ennis address.

Inspector Tom Kennedy told the court that the accused sent two messages to her former boyfriend on February 12 (2012) and May 23 (2012).

He explained that, in the first message, Ms Considine said she would tell everyone the man was scum.

He told the court that the accused also wrote, “I’ll fucking stab you.”

Insp Kennedy said that in the sec- ond text message, Ms Considine stated, “I’ll kill you with a knife. If you send this message to the guards, I know a lot of people in Ennis.”

He said Ms Considine has no previous convictions. Solicitor for the accused, John Casey, told the court that there was “absolutely no truth to the threats.”

He said the couple’s long-term relationship had ended. He said his client had been “very upset” with the man at the time she sent the texts.

He said Ms Considine had never acted on what she said in the text messages. Mr Casey said his client was “very apologetic”.

“This appearance in court is a lesson to her,” he added.

Judge Patrick Durcan said he was not impressed by Ms Considine’s actions.

He adjourned the case until January 2014, granting the State liberty to re-enter the case.

Addressing Ms Considine, Judge Durcan said, “You’d want to grow up.”

A MINUTE’S silence was observed in the headquarters of Clare County Council yesterday in memory of murdered Detective Garda Adrian Donohoe. Members of the Clare Joint Policing Committee agreed to adjourn their planned meeting as a mark of respect to the Dundalk based garda who was shot dead in a raid on a Credit Union in Louth on Friday night.

Members expressed sympathy with the family of Mr Donohoe, whose wife, Caroline Deloughrey, is from Kilkee. Senior officers from the Clare Garda Division yesterday spoke of the shock that is being felt throughout the force. Superintendent Derek Smart, who served in Limerick when Det Gda Jerry McCabe was shot dead outside Adare Post Office in 1996, said it is a very “trying and sad time for the Garda organisation”.

He added, “We are confident that with the help and support of the community, on which we thrive, we will bring this matter to a conclusion.”

Inspector John Galvin of Ennis Garda Station said it had been heartwarming to see the outpouring of support from communities across the country. He added, “It is extremely well appreciated. We’re all grieving and we’re hurt. We’re all one big family in the Garda Suíochana and we know the person behind the uniform.”

JPC Chairman, Councillor Joe Arkins (FG) said the killing of Adrian Donohoe was a sad day for gardaí and society in general.

Extending his sympathy to the Donohoe family, Labour TD Deputy Michael McNamara said every effort would be made to bring those responsible for this “savage act” to justice.

Fianna Fáíl TD, Deputy Timmy Dooley, said the communities of Louth and West Clare had lost a brave member of the force. He added, “This brings into sharp focus the kind of threats that gardaí face.”

Fine Gael TD, Deputy Joe Carey said the murder had “shocked the nation”. Fine Gael Senator Martin Conway described it as a “horrific tragedy”.

Cllr Pat McMahon (FF) said, “This is an attack on basic democracy. This was a man protecting the savings of ordinary people.” Cllr Oliver Garry (FG) said, “This is a cowardly and despicable act and I hope the people responsible are brought to justice.”

Cllr Bill Chambers (FF) said, “This was a despicable act committed against a man out doing a duty for the State.” Cllr Cathal Crowe (FF) said Det Gda Donohoe’s “cold-blooded killing has shaken the nation and it shows the dangers gardaí encounter.”