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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.

A LOCAL campaign to amalgamate Ennistymon’s three secondary schools has been resurrected, with a number of meetings taking place between the schools and local representatives in recent months.

A meeting involving representatives from the three schools – Scoil Mhuire, the Ennistymon CBS and the Ennistymon Vocational School – and a number of Clare politicians took place in Ennistymon last Monday, October 1. The meeting was attended by Fine Gael TD’s Pat Breen and Joe Carey and it is hoped that the renewed local campaign could help kick-start the project on a national level. The Clare People understands that the project is currently stalled by a complex legal issue involving the site designated for the new school. Until this issue has been resolved at a national level, progress on the school cannot be made.

A campaign to amalgamate the town’s three secondary schools has been ongoing for more than two decades.

It was announced more than ten years ago that a new school build- ing was to be built on a patch of land close to the current Scoil Mhuire building. Despite this announcement, construction work never began on the project.

The campaign to bring about the school amalgamation restarted in earnest earlier this year with a meeting between representatives of the schools before the summer break. This was followed by last week’s meeting and a third meeting is now planned for November of this year.

Responding to a parliamentary questions from Ennistymon Senator Martin Conway (FG) earlier this year, the Minister for Education, Ruairí Quinn (Lab), confirmed that the Government still planned to go ahead with the amalgamation – once any outstanding issues with the site have been resolved.

The three schools in Ennistymon currently have around 600 students between them.

Campaigners for the school amalgamation believe that educational facilities could be offered at a higher standard if the three schools pooled their resources into one large school. Students in the senior cycle also walk between the three schools as some classes are already being shared between the schools.

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.

NEARLY half of Clare’s population was born outside the county, a new set of statistics relating to the 2011 National Census of Population have revealed this week.

The figures released by the Central Statistics Office in its ‘Migration and Diversity – A profile of diversity in Ireland’ report have been broken down into seven different categories – those born in Clare, those born in counties in the State outside Clare, those born in Northern Ireland, England, Walsh, Scotland, the United States and also a category for other countries.

Accordint to the census returns 60,174 people who are resident in Clare were born in the county, a figure that translates into 51.3 per cent of the county’s total population of 117,196, with the remaining 57,022 born outside the county.

The majority of these are made of up people who were born in other counties in the State – 36,863 in total which account for 31.45 per cent of the population. This large number of Irish nationals born outside the county can largely be attributed to the fact that Clare has been with a maternity hospital services for over a quarter of a century, a state of affairs that seen most of the county’s births taking place in Limerick and Galway.

British subjects make up the largest category of Clare residents born outside the country. A total of 7,529 were born in either England or Wales, 971 in Northern Ireland and 345 in Scotland. This mean that British nationals, which number 8,845 in total, make up 7.5 per cent of Clare’s population.

There are 1,732 American citizens resident in the county, a figure that translates into 1.5 per cent of the county’s population, while residents who were born in other countries number 9, 582, which represents a percentage of 8.1.

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.

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.

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.

THE number of people signing on the live register in Clare has dropped to its lowest level in more than three years – but it is emigration and not job creation which is credited for the drop.

According to new information from the Central Statistics Office (CSO), a total of 9,674 people signed on the live register in the county in September. This is the lowest number on the live register since May of 2009, and represents a month-on-month drop of more that five per cent.

While some of this drop can be attributed to students returning to third-level education, emigration is considered to be the main driving force behind the record low.

According to Rita McInerney, CEO of the Ennis Chamber of Commerce, job creation has been flat in the county in recent months, with some sectors making gains while other sectors are being forced to let people go.

“It is slow at the moment and it is very different from one sector to the next. The retail sector is certainly having a difficult time of it but hopefully that will change coming up to Christmas,” she said.

“Export businesses in the county are doing well and that is good news, they employ a lot of people, but if we are to see some new job creation, we really need people to get back to spending again.

“Emigration is certainly a big factor in all of this. It is one of the unavoidable outcomes of a recession. It is about people looking at their options and deciding what is best for them and their family, whether that be going back to education or emigration.”

The numbers signing on in Clare last month were 300 down on the September 2011 figures and 500 down on the same month in 2010.

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.