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A FARMER has been acquitted of dangerous driving causing death of a German tourist near Bunratty Castle.

However John Boyce (57) with an address at Moyhill, Cratloe, was found guilty by a jury of careless driving.

The three-day trial at Ennis Circuit Court last week heard Mr Boyce was driving a tractor at the time of the crash, which killed Inge Schmidt (76) at Low Road, Bunratty, on October 29, 2010.

Ms Schmidt was walking across a zebra crossing when she came into contact with the tractor. She died in hospital later as a result of her injuries.

In his closing speech, Counsel for the State, Stephen Coughlan BL, told the jury that two eyewitnesses had seen Ms Schmidt on the crossing.

He said there was consistent evidence that it had been raining on the day of the accident.

Mr Coughlan said, “The fact that there was someone on the pedestrian crossing required the motorist to stop.”

He said that there was evidence that Mr Boyce did not stop at the point of impact.

Mr Coughlan said, “Speed is not an issue. There is no suggestion that the speed Mr Boyce was traveling contributed to the accident.”

The court heard that it had been impossible for gardai to determine the point of impact.

Mr Coughlan said Mr Boyce should have approached the junction with more care. He described Bunratty Folk Park as a very busy area.

Defence Counsel, Lorcan Connlly, told the court that this was a “very different case from most dangerous driving cases”.

He said alcohol and speed were not factors in the case.

Mr Connolly said Mr Boyce had told people at the scene of the acci- dent and gardaí that he had not seen Ms Schmidt.

He said this was not a case where Mr Boyce had attempted to “pull a rabbit” out of the hat on the day of the court case.

He added, “Mr Boyce has been consistent throughout. He did not see the woman.”

The court heard that no certificate of roadworthiness is required for tractors.

Mr Connolly said, “I am inviting you to find that he (Mr Boyce) is not criminally responsible for what happened on the day.”

Mr Connolly told the jury that Mr Boyce will have to “carry the cross” for what happened on that day for the rest of his life.

After seeking clarification from Judge Gerard Keyes, the jury found Mr Boyce not guilty of dangerous driving but guilty of careless driving.

Setencing was adjourned until Tuesday.

IT’S the end of an era in Ennis after well-known businessman Jimmy Brohan retired after 49 years in business. Jimmy has decided to step away from his hardware business on Parnell Street. The premises will be taken over by new Clare owners. Family, friends and a large group of traders gathered in O’Halloran’s Bar last Thursday for a presentation to mark Jimmy’s 49 years in business. A native of Ruan, Jimmy started out at John Roughan’s store just off O’Connell Square in 1963. He worked there for 20 years before leasing and eventually buying the premises in the mid-1980s. An incident in the year 2000 damaged the building and forced the relocation of Brohan’s to Parnell Street. In an interview with the paper last year, Jimmy spoke about the skills needed to run a successful business. He said, “One secret is that you have to be nice to people. If you’re nice to people and treat them right, they will come back to you. We have people coming to us since I started and now their family are coming (to us). Only for them we wouldn’t be here. “We do a good town trade but we get a good country trade as well. We get them from other counties too. A few years ago, you’d have people from Cork on the way to Knock, busloads, they would always call to me on the way back.” A family-run business, Brohan’s is known for having a wide collection of stock. Jimmy said, “People still come to me with the old spraying cans, copper spraying cans that the farmers would use. They weren’t made for 30 years or more but I still have bits and pieces for those. That’s just one item. There would be lots of other bits and pieces that people come to us looking for. I don’t care how old it is, I love to have it.”

ALMOST half of the fees paid to Clare solicitors under the criminal free legal aid system were paid to just under 20 per cent of those on the legal aid panel.

Figures from the Department of Justice show that solicitor Tara Godfrey was the highest earner from criminal legal aid cases in the county for the second year in a row.

The Ennis solicitor earned € 144,434 last year, a decrease of € 19,265 on the previous year when her payment reached € 163,699.

The payment to solicitors in Clare last year was down more than € 100,000 on the previous year in total.

In 2011 € 468,892 was paid to solicitors in Clare, with a further € 235,723.60 paid towards the provision of up to two counsel or barristers, doctors, psychiatrists, engineers, forensic scientists and language experts for defence cases in criminal hearings in the Clare District and Circuit Courts.

Among the other top earners on the Clare legal aid panel last year was Ennis-based solicitor Darragh Hassett who earned € 96,092. Mr Hassett had graduated from third to second place on the top earners list. In 2010 he earned € 110,130 but was then surpassed in earnings by Ms Godfrey and former Kilrush-based solicitor Eugene O’Kelly.

Mr O’Kelly who was appointed to the bench in March this year and is now a district court judge in Limerick, earned € 71,602 from free legal aid cases in 2011.

He earned € 135,748 the previous year.

Judge Kelly’s clients are now served by his former legal partner of five years Patrick Moylan.

John P Casey, based in Ennis, earned € 30,293 from legal aid work in criminal cases last year; Jenny Fitzgibbon from Shannon earned € 29,838; and, according to the Department of Justice, William Cahir Solicitor took in € 29,287.

In total, the top six earners on the legal aid panel earned € 257,112 between them. There were 23 solicitors or firms named in total.

A NEW initiative to support local community groups to access Leader funding for projects that upgrade buildings and structures of heritage value has been launched by the Clare Heritage Forum.

The Community Built Heritage Animator Programme will run until autumn 2013 and kicks off with a series of local seminars that will help communities identify projects and explore the technical and funding aspects of conservation works.

The seminars will take place over the next two weeks starting on Tuesday, October 16, in the Lakeside Hotel, Killaloe, and Thursday, October 18, in the Old Ground Hotel in Ennis.

The following week’s events are in the Stella Maris, Kilkee, on Tuesday 23 and Falls Hotel, Ennistymon on Thursday 25. All seminars are from 7.30 to 9.30pm.

Dick Cronin, Architectural Conservation Officer with Clare County Council, is inviting local groups to the seminars or to get in touch to explore the potential of projects in their communities.

“Clare Heritage Forum, Clare County Council and local communities have been working together for many years to identify, preserve and promote the county’s rich built heritage,” said Mr Cronin.

“Right now, there is a great opportunity for community groups to conserve and enhance this heritage with Leader funding from Clare Local Development Company. We are looking for groups to propose projects and we will assist them with technical expertise in applying for Leader heritage grants,” he added.

The Animator Programme is being operated by Leahy Conway Architects who have widespread experience in the preservation and conservation of heritage structures. Conservation architect Paul Conway is encouraging groups to consider all types of structures in their area.

“It may be a flagship building but equally it may simply be the clearance of ivy in an old church or graveyard. Other examples include gate piers, mausolea, village pumps, old castles, lime kilns, follies and so on. There are many places in your community where the past lives but which could benefit from a heritage grant,” he said.

AS MANY as three letters from the Minister for the Environment Phil Hogan failed to clarify the future financial health of Clare County Council.

At last evening’s meeting of the local authority, County Manager Tom Coughlan was perplexed as to what exactly the reply from the minister’s private secretary to the council meant.

The council had asked the minister to clarify if there was any chance of it receiving all or some of the € 247,000 cut from its budget in July.

In the letter to the council, the department stated, “Household Charge income will be kept under constant review and it is a matter for local authorities, including Clare County Council, to use their local knowledge to follow up on non-compliant households in order to maximise collection of the charge and the information available from the data-sharing exercises underway centrally to identify households that may be liable to the household charge.”

In a personally signed letter to Deputy Pat Breen (FG) and Deputy Joe Carey (FG), the Minister referred to a conversation he had with the deputies last week.

“I’ll be reviewing the position for all local authorities in November and will have regard to their respective Household Charge compliance rate,” he said.

Mr Coughlan said he was not sure from those responses if the Minister was going to review the € 247,000 cut or not.

“It is not for me to interpret,” he said.

The manager and councillors were also in disagreement about the department secretary’s suggestion that, “I am satisfied that the revised general purpose grant allocations provided for 2012, together with the income available from other sources, will enable local authorities, including Clare County Council, to provide a reasonable level of services to their customers.

“The budget as adopted is under pressure and there is very little scope for reductions going forward,” said the manager.

He said the council made a decision in July to continue with the budget as adopted and that is what he would do until otherwise directed.

He added he would make savings wherever possible.

CLARE County Council may be strapped for cash but it recognises there are people much worse off in the country that need “a helping hand”.

As a result it will propose that the Taoiseach, Enda Kenny, and the Government to set up a voluntary organisation or foundation entitled A Helping Hand, which will do exactly what it says in the title.

The brainchild of West Clare councillor Gabriel Keating (FG), the purpose of the organisation is to provide financial support to the most vulnerable people in society.

It is proposed that the organisation would seek financial aid from the wealthy and better off in Ireland and abroad, and it would also devise other ways and means to meet its targets through sponsored projects or fund raising events.

“As the recession continues all voluntary organisations have seen an increase in the numbers of people seeking help. Voluntary organisations are not immune from the recession and they have witnessed a dip in donations from ordinary individuals and as well as that corpo- rate donations are not as regular as they were during the good times.

“Through our history we have a reputation for helping people all over the world. When other countries suffer disasters such as famine, earthquakes or tsunamis, Irish people continue to respond generously. Here at home, somehow people continue to respond generously to the many deserving causes, promoted by organisations such as West Clare Cancer Support and many others.

“In the early years of our freedom and independence we built new hospitals and institutions to help the sick. These were funded by an Annual Irish Sweepstake Draw that attracted worldwide support,” said the councillor.

“While the Lotto was set up since 1987 to help fund good causes, I believe that it is clear now at this point in our history that a National Voluntary Organisation – made up of people with vision, talent and imagination – is needed to bridge the gap in funding for those who are most in need.”

The Helping Hand Foundation by the Government would target the financially well off for funding.

“I am thinking par ticularly of wealthy Irish people who are now living abroad and who would love to contribute to this countr y but maybe they have never been asked. It would also utilize people who have a proven track record in volunteering and through their work have earned respect from the people such as reti red presidents, bishops and people in public life, entertainment and sport.

“In these very difficult times or recession and hardship we cannot and must not forget the most vulnerable in our society. We must extend a helping hand to those who most need it,” he said.

IT WAS an issue that took over the airwaves two weeks ago, and last evening it ironically became one of the talking point in the county council chamber.

The decision by Clare County Council to include a reminder about paying the household charge with third level grant application letters became an issue when it was interpreted that the council would not pay the grant if the household had not paid the controversial tax.

Cllr PJ Ryan asked that the council would inform its elective representatives of any announcements of public interest, prior to the media being informed.

“It is not nice to get a call at 7am from someone from Morning Ireland to see if you had any comment,” he said.

“Then you go to the local shop to field a barrage of abuse from local ladies who asked “what are you f-ers doing?” I don’t know how this was put into the media. Was it the Min- ister’s office or Clare County Council?”

Describing it as an embarrassment to councillors, Cllr Christy Curtin said it the letter was ill conceived and caused confusion on processing the grant.

Cllr Pascal Fitzgerald added that the issue was “all over facebook” the night before the story broke.

“I went into the shop and people were asking why are you a councillor if you don’t know what is going on.”

Co Manager Tom Coughlan said the council was not aware it was go- ing to become an issue and if he did he would have informed the councillors.

He said, “An individual who got a letter decided to publish it on the internet.

“The first I heard of it was at 11pm that night.”

“ Morning Ireland picked up the story that Clare County Council was not going to pay the grants, but that was not the story.”

It was an administrative decision to send out the letter and to return to the council chamber every time such a letter was to be issued would be unworkable micromanagement according to the manager.

He added, “You just don’t know when the next story is going to break.”

“We made it clear during the day that we were not withholding the grant, but what compounded the issue was Tipperary County Council who said it was going to follow Clare County Council and withhold the grant,” he said.

“We were never withholding the grant,” he said.

A MAN has been found guilty of the intimidation of two witnesses who gave evidence at a trial in Clare last year.

At Clare Circuit Criminal Court yesterday, Martin Joyce (22), with addresses at 113 Dun na hInse, Ennis and 2 St Patrick’s Mews, Clarecastle, was found guilty by a jury of the intimidation of his brother-in-law Michael Ward and Mr Ward’s wife, Rose Ward.

He was acquitted of a charge of threatening to kill Mr Ward at Shannon Airport on May 3 2011.

The Wards had travelled to Clare from England to give evidence at an arson trial against the Mr Joyce’s brother David. David Joyce was acquitted of the charge.

It had been alleged that Mr Joyce told Mr Ward that he would never be able to come back to Shannon and that he would be shot if he gave evidence at the trial.

It was alleged that Mr Joyce also told Mr Ward that there would “guns in court waiting for him” if he gave evidence.

Mr Ward told the court that he “felt very terrified” when he saw Mr Joyce entering the arrivals hall of Shannon Airport.

Mr Ward was with his wife and two children at the time.

The jury was shown CCTV footage of the encounter between Mr Joyce and Mr Ward.

Asked about Mr Joyce’s body language on the day, Mr Ward said, “he looked ready for action.”

He said, “I just felt very terrified to be honest with you.” Rose Ward said she got a “terrible fright” when she saw Mr Joyce.

“I got very badly disturbed when I saw him,” she added. The court heard that Ms Ward went to the airport police.

She said, “I was afraid that something that was going to happen. I was afraid Martin was going to do something bad.”

Patrick O’Neill of Shannon Airport Police told the court that Ms Ward seemed “very upset” at the time.

Mr Joyce was arrested two days after the incident. When asked by gardaí why he had come to Shannon, Mr Joyce said he was bringing his child to the doctor. Mr Joyce told gardaí that Mr Ward called him names at the airport. He denied threatening his brother in law.

Counsel for the accused Pat Whyms BL said every detail of the CCTV footage vindicated Mr Joyce’s account of what happened. He said his client had urged gardaí to review the CCTV.

Mr Whyms added, “This is a man begging for the objective evidence to be shown so he can be vindicated.” He said there was no evidence that Mr Joyce had threatened Mr Ward.

Mr Whyms said there were inconsistencies in Mr Ward’s evidence.

He added, “The evidence in this case has come nowhere close to the standard of proof required.”

It took the jury 89 minutes to unanimously find Mr Joyce not guilty of threatening to kill Mr Ward but guilty of intimidation.

After a further 36 minutes of deliberation the jury unanimously found Mr Joyce guilty of the intimidation of Rose Ward.

Judge Gerard Keyes adjourned sentencing to October 16. Mr Joyce was granted bail subject to conditions.

CLARE has the second highest rate of same-sex civil partnerships in Ireland, with 15 couples from the county tying the knot since the civil partnership legislation became law in January of 2011.

According to figures released by the Gay and Lesbian Equality Network (GLEN), Clare has the second highest incidence of civil partnerships per head of population – with only Dublin registering a higher rate of civil partnerships.

While 15 Clare couple have been granted civil partnerships, only two couples have been able to have their ceremony in the county.

According to Kilrush man and Director of GLEN, Brian Sheehan, the large uptake in civil partnerships will prove a stepping stone to full marriage for gay couples.

“It has been an incredible take-up in such a small space of time. I think once same-sex couples become more visible in Clare and other places, more and more people will see that a same-sex couple is no different from a heterosexual couple. This is people making a really profound commitment to each other,” said the West Clare man.

“I think people are starting to realise that this is a marriage, with all the same responsibilities and commitments.

“So more and more people are starting to see that gay couples should have all the same rights as other [heterosexual] couples. I think it has demystified it for a lot of people.

“When you look at the figures and see that 14 people over the age of 70 have had a civil partnership, you realise that people have been waiting for this for a long time, to have their relationships recognised. Many of these couples will have been together for 30 or 40 years.”

Under the current civil partnership legislation, there is still a legal connection between a civil partner and the biological children of his or her spouse.

This also creates issues surrounding adoption, when same-sex couples are not allowed to adopt jointly.

GARDAÍ in Shannon have this week renewed their appeal for information about a serious assault that took place in the town last Sunday week when a man was stabbed in his home in the Cluain Airne estate.

The man was attacked at 6.30am in the morning after he opened his front door and was then stabbed in the stomach by a man who was standing outside. The man then fled the scene.

Last week Gardaí released details of the person they believe is responsible for the attack.

He is described as being 5’8” in height and approximately 20-21 years of age. He was wearing a navy jacket with an Eircom logo on the back. Gardai say he may have had a black eye.

Now, a week on, Gardaí have released a photograph of the type of jacket being worn by the man who committed the attack.

“We hope that this picture might jog someone’s memory,” a Shannon Garda spokesperson said. “This is the kind of jacket he was wearing and we believe him to be local to Shannon and living in Shannon,” he added.