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State’s chief witness labelled a liar by defence

THE State’s chief witness was labelled a liar by counsel for the defence in his closing arguments.

In her evidence to the court Jessica Kelly (23), of Lilac Court, Keyes Park, Limerick, told how on the night of September 21, 2009, she was staying in the house of Barbara Lynch. She was going out with her brother Michael Lynch who was also staying there as was his brother Gerard.

She said that during the night the back window was broken in the house. “The boys got weapons and run out the front door. I looked down [the road] and there was a man with a long gun and I didn’t get to see him clearly. Then I got shot,” she said. “I was standing out by the wall.”

She said she received a wound to her leg and went back into the house and lay down.

Defence Counsel Pat Whyms BL reminded Ms Kelly that she faced four charges following the night in question.

The 23-year-old was charged with aggravated burglary, violent disorder, criminal damage and assault causing harm following the night in question and pleaded guilty to the first three halfway through her trial. She said she did so because her solicitor told her to.

Mr Whyms told the court how, yielding an s hook, Ms Kelly had hit Mary Maxwell. He said her evidence to the court differed from her statement to Gardaí.

“You said a BMW car drove down, hit Ger Lynch and knocked him down,” he said.

He recalled how Ms Kelly told gardaí that she was picking up Gerard Lynch when the car returned and a man jumped out with a gun and directed it at her.

“Which of these two cock and bull stories about this incidents do you want the court to believe today? Was what you told the gardaí true?” he asked.

“Yes,” said Ms Kelly, “I just happened to be in the wrong place at the wrong time.”

“No you were not,” said Mr Whyms.

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Jury takes 36 minutes to acquit ‘Bridge man

IT TOOK a jury just 36 minutes to acquit a man who shot competitively for Clare, of being reckless to the safety of others when he discharged a semi automatic shotgun during a morning when “the whole community was under siege”.

Dominic Moloney of 38 Cappa Lodge, Sixmilebridge, had admitted discharging the firearm on September 21, 2009, but had pleaded not guilty to “being reckless to anyone being injured or not”.

After a trial that took place over three days at Ennis Circuit Court, Mr Moloney greeted the unanimous not guilty verdict with a mouthed “thank ye, thank ye” to the members of the jury.

The 47-year-old had been charged with discharging a firearm contrary to section 8 of the firearms and offensives weapons act 1990, after he fired three shots – one into the air and two at a wall during an early morning attack on homes in the estate.

Witness for the State Jessica Kelly, who was part of the group of three attacking homes that night, claimed that she had been hit by pellets from one of these shots.

The court heard that on the morning in question a group of “thugs” who were staying at number 57 attacked properties and people, including a disabled woman, using hurleys, bars and slash hooks.

Mr Moloney said he left the housing estate with his wife at 5.50am to go to work in Shannon.

He dropped her to work in Element Six before travelling on to his own job at Fabricated Products also in Shannon.

He was welding for five to ten minutes when his daughter Ciara called him asking him to come home.

He told the court that when he arrived back on the estate there was a van parked in his usual place so he went to the end of the cul-de-sac to turn.

“My intention was just to come back up and go into my house,” he said.

He said he then saw one man come from his left hand side and heard the window of his car break from the right. There were two men carrying bars.

He accelerated, left the estate and returned having driven past the Garda station.

When he arrived back in the estate he said he saw his neighbour Aaron Doherty, better known as Dots.

“Dots came out of his house. He walked down past me and as I came out of the car he said Mary’s windows have been broken and she is bleeding,” he said referring to Mrs Maxwell, who had been attacked and burgled by the gang.

He then saw two men – Gerard and Michael Lynch coming towards him, he said. “They shouted at me ‘We are going to kill you baldy B’.”

Mr Moloney ran inside and got his gun. He put three cartridges suitable for shooting game in it, which had been on the table since the night before. “As I was going out Dots was coming in the door,” he said.

Mr Moloney, who has shot competitively for Clare seven times, told how one of the two men were at his gate and coming in when he fired his gun into the air. The men retreated.

Mr Moloney, his daughter Ciara and Mr Doherty then walked up the road. Mr Moloney told how the men were leaving the garden of number 57 again when he shot at the wall.

He said he fired the third shot because they were going across to Mary Maxwell’s house again “saying they are going to finish the bitch”.

“The girl was inside the house. I fired at the bottom of the wall, again to keep him in, not to hurt anyone,” he said referring to Jessica Kelly.

He said he did not believe he hit her with pellets from the gun.

“Everyone was in fear. I never saw anything like it and I hope I never do. I was in fear of my life,” he said.

Asked by barrister for the prosecution Stephen Coughlan, “Why did you arm yourself. You knew the gardaí were coming. Why not go back into the house and lock the door?”

Mr Moloney said, “They were going to break up the house. I was in fear of my life.

“The only reason I got my gun was because I was in fear of my life and my child’s life.”

“I wanted to keep them inside the wall to keep people safe.”

Mr Coughlan said, “You should have retreated, but you stood your ground. Your ego wouldn’t let you retreat,” to which Mr Moloney replied, “No.”

“They came at me. I didn’t go at them. I had no choice.

“What was I going to do? I was afraid they were going to cut me up,” he said.

Mr Moloney also admitted to cleaning his gun and changing his jumper after the incident.

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Cancer patient got ‘relief ’ from cannabis plants

A LONG-TERM cancer sufferer could only get relief from the disease by taking cannabis, a court in Ennis has heard. Jacquelene Corris (40) told gardaí that she grew 13 cannabis plants in the back kitchen of her home in Ennis for personal use to cope with a medical condition.

At Ennis District Court on Wednesday, Corris, with an address at 4 Connolly Villas, Ennis, pleaded guilty to cultivating, without license, plants of genus cannabis. She was also charged with unlawful possession of cannabis.

Garda Francis Brennan gave evidence of arrest, charge and caution. The court heard that Garda Brennan carried out a search of the accused’s home at 4 Connolly Villas on October 24, 2011. Thirteen cannabis plants, valued at € 5,200, were found in the back kitchen of the premises, the court heard.

Garda Brennan said there was no evidence that the cannabis was to be sold. He said the plants were for Corris’ own personal use. Insp Tom Kennedy said the Director of Public Prosecutions (DPP) had directed summary disposal of the matter. Judge Aeneas McCarthy accepted jurisdiction.

Solicitor Joe Chambers told the court that his client, who is self-employed, suffers from long-term cancer and has the “cancer gene”. He said cancer is an ongoing problem for his client who has undergone numerous operations. He added, “The only relief she can get is from taking this plant.”

Mr Chambers said that Corris cooperated fully with gardaí and has since “varied her ways”. Judge McCarthy adjourned the matter until April 4 for preparation of a report by the probation and welfare services.

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UN backs Shannon aid hub

A SENIOR official with the United Nations has welcomed a proposal to develop a humanitarian aid hub at Shannon Airport,

UN Commissioner for International Cooperation, Humanitarian Aid and Crisis Response, Kristalina Georgieva recently spoke to the Oireachtas Committee on Foreign Affairs and Trade on the key humanitarian priorities for the EU over the coming years.

At its meeting, members of the committee discussed the chief humanitarian concerns for the EU with the Commissioner. Taken collectively, the EU is the world’s largest humanitarian donor and accounts for around 40 per cent of global humanitarian aid.

Committee Chairman, Pat Breen TD said, “We would like to thank Commissioner Georgieva for a clear, thought-provoking and insightful statement on the EU’s role in international co-operation, humanitarian aid and crisis response. The Commissioner outlined in some detail the extent of the EU’s humanitarian aid programme and its area of operations.”

According to the Clare Fine Gael TD, Commissioner Georgieva also said she looked forward to the feasibility study on the possible development of a humanitarian aid hub at Shannon, adding that in a time of increasing fragility around the world, there was always a need for more humanitarian capabilities. The committee heard how anticipating crises, moving quickly and targeting the most vulnerable not only saved lives and avoided the preventable misery of hunger and malnutrition, but provided for a more efficient and valuable hu- manitarian response at a much lower cost.

Deputy Breen stated, “Our meeting also provided us with an opportunity to consider the current crises in the Horn of Africa, the Sahel and South Sudan and the response by the EU and Ireland to the humanitarian needs in these areas. Commissioner Georgieva provided a valuable contribution to our understanding of the EU’s role in responding to crises, as well as outlining key priorities in the coming years.”

He added, “This is particularly important given Ireland’s Presidency of the European Union from January to June 2013 when we will be expected to lead discussions within the EU on humanitarian issues and Irish officials will chair the council’s Working Group on Humanitarian Aid and Food Aid.”

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Meeting plans to discuss cuts to teacher numbers

TEACHERS, parents and concerned members of communities throughout the county are expected to gather in the county town on Monday night next to voice their concerns at one of the largest cuts to teaching numbers in the history of the state.

Co-ordinated by the teachers’ union, INTO, the meeting will address the growth in class sizes that will lead to the reduction in teachers in many schools throughout the county.

Larger schools such as the Killaloe Boys National School are facing massive cuts.

The East Clare school faces the prospect of having its teaching numbers halved next year, from 14 to nine mainstream and remedial teachers and five special needs assistants (SNA), to just 7.5 – 6.5 teachers and one SNA if the proposed cuts are implemented.

Many smaller rural schools in Clare also face losing a teacher next year, with teachers faced with teaching numerous classes at once.

In many other communities, despite an increase in population and growing numbers at the local schools, teachers will also be lost.

For example a school with 49 pupils are currently entitled to a principal plus two teachers. However, by September 2014 the school must have at least 56 pupils to retain its three teachers.

Clare executive member of the INTO and Mullagh principal Sean McMahon said changes to staffing in small schools would also be applied retrospectively.

“Next year’s teacher allocation will be given to schools on the basis of pupil enrolment last September. Last September, a school with 50 pupils could have expected three teachers next year. The budget changes mean that school will only have two teachers,” he said.

The public is now being invited to have its say on the issue.

The officers of all Clare INTO branches met with Mr Mc Mahon last week and decided to respond to hundreds of requests from parents and teachers throughout the county to help organise a public meeting in Clare to highlight the issues involved, as well as appraise the Clare Oireachtas members on their growing concerns.

The public meeting will take place in the West County Hotel, Ennis, at 8pm on Monday February 20.

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Tourism industry on the up for 2012?

A PROMINENT hotelier has said that the tourism industry in Clare could be in for a slight rebound this year. John Madden, owner of the Temple Gate Hotel in Ennis, told a meeting yesterday that hoteliers had reported a 6-7 per cent increase in business last year. He said the boost in trade was a welcome one for the industry, given the tough economic conditions of recent years.

Mr Madden was speaking at a meeting of Clare County Council’s, Community and Enterprise, Tourism and Emergency Services Strategic Policy Committee (SPC). Commenting on the future of Shannon Airport, which he said was essential to tourism in the mid-west, Mr Madden said the indications are that Shannon will have “some definite independence by the end of the year”.

He said he also hoped that there would be a renewed emphasis on marketing Shannon, an area he said had been “sadly lacking” in recent years. “There hasn’t been a specific body for the marketing of Shannon and that is a problem,” he said.

Director of Service, Ger Dollard said the recent announcement of two new flights from Aer Arann was a welcome development for the airport. The move sees the introduction of a new Shannon-Rennes weekly service and improved frequency on the Shannon-Edinburgh route.

Mr Dollard said the council was awaiting publication of a government-commissioned report from consultants Booz and Company on the future of Shannon Airport. He told the meeting that the Department of Transport had responded positively to proposals to develop Shannon as a humanitarian aid hub while progress had also been made on plans to construct new cargo facilities at the airport.

The meeting heard strong criticism of what SPC members called a lack of a definite marketing strategy for Shannon.

Mayor of Ennis, Cllr Michael Guilfoyle (Ind) said an initiative should be launched to woo customers from the east of the country. He said the ready availability of the airport’s parking facilities should be highlighted as part of the campaign.

Cllr PJ Ryan (Ind) said a € 15 mil- lion budget had been promised to promote the Open Skies initiative but so far Shannon had only received € 3 million. He also criticized Shannon Development, saying, “Shannon Development have virtually put nothing into promoting Shannon.”

Cllr Pat Daly (FF) said Shannon needed to attract another airline like Ryanair. Cllr Pat McMahon (FF) said the absence of year-round transatlantic flights from Shannon was hurting the airport.

He said agencies associated with the airport would have to be more “aggressive” in marketing Shannon

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Reported job figures bad for job creation

OFFICIAL figures that claim that just 3,000 people are employed in Shannon could jeopardize future inward investment in the region, a meeting has heard.

According to maps produced using the data, Shannon is “less significant than Portumna” in terms of job creation. The reporting “anomaly” was highlighted yesterday at a meeting of Clare County Council’s Community and Enterprise, Tourism and Emergency Services Strategic Policy Committee (SPC).

The meeting was told that preliminary figures for Clare from the 2011 census have “understated” by 9,000 the true number of people employed in Clare’s second largest town.

Michael Neylon, of the council’s Community and Enterprise section, said the data is used in official maps produced by the Department of the Environment and agencies such as the Western Development Commission. Mr Neylon said the figure does not take into account Shannon Airport and industrial estate. He explained that the anomaly arises from the legal definition of the town with the data only recording employment within the town boundary. There are actually 12,000 people employed in Shannon when figures from the Clenagh and Drumline electoral divisions are used, the meeting heard.

Mr Neylon said that the data, as used by the Western Development Commission, appears to show that “Shannon is less significant than Portumna” in terms of job creation.

Director of Service, Ger Dollard said the council had brought the anomaly to the attention of the Department and the National Institute for Regional and Spatial Analysis (NIRSA) – the body tasked with carrying out spatial and economic research.

Mr Dollard said the council is concerned that the data “understates” Shannon’s importance as a centre of employment. He told the meeting that the NIRSA had acknowledged the mistake when they stated “it does create an impression that Shannon is not significant employment area”.

Mr Neylon said the data gives a “poor gateway profile” of Shannon in that it does not take into account the number of multinationals operating there. He added that the “apparently small number of people traveling to Shannon suggest it is of little significance to the surrounding hinterland”.

SPC Chairman, Cllr Richard Nagle (FF) said he found it alarming that Shannon could be mis-represented in such a manner. Cllr Pat McMahon (FF) said the understating of Shannon’s importance as jobs centre could threaten future “inward investment” in the area.

Cllr PJ Ryan (Ind) said Clare County Council had “spent a half a lifetime trying to promote Shannon” only for people in the “background” to hinder their efforts. He told the meeting that investment in the area is needed, stating that there are currently 45 empty industrial buildings in Shannon.

Mayor of Ennis, Cllr Michael Guilfoyle (Ind) said the matter should be brought to the attention of Clare’s Oireachtas members.

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Electoral boundaries labelled a ‘disgrace’

CLARE County Council has been urged to press for changes to electoral boundaries after the current arrangement in Ennis was labelled a “disgrace”.

Independent councillor Tommy Brennan made the call at yesterday’s meeting of Clare County Council’s Community and Enterprise, Tourism and Emergency Services Strategic Policy Committee (SPC).

He said that the council should seek to have boundaries re-drawn now rather than leaving any proposal too late. Cllr Brennan criticized the boundaries in place in Ennis for the 2009 local election, which saw the county town divided into Ennis east and west.

He said, “Ennis should have one constituency not two. It’s a farce to put a boundary down O’Connell Street.” Cllr Brennan added, “It was a downright disgrace to have O’Connell Street split down the middle in the last local election.”

SPC members were speaking fol- lowing the release of preliminary data for Clare from the 2011 census.

Commenting on the high population concentration that exists in the ‘golden triangle’ from Ennis to Shannon, SPC chairman Richard Nagle said he found it difficult to agree with some of the statistics.

He said that if the census were carried out now, it would paint an even more “depressing picture” of the number of people living in rural parts of the county.

He said that recently 20 people, all aged in their twenties, had left two parishes in North Clare, to seek work abroad. He said rural areas that had been dependent on construction and tourism had been hardest hit by the economic downturn. “A generation is disappearing,” he warned.

Cllr Brennan said emigration is also a major feature of life in Ennis. He told the meeting that 14 members of an underage hurling team have now moved to Australia. Cllr Gabriel Keating (FG) said that 16 people had recently returned from Australia to a part of West Clare to attend a funeral.

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Retired public servants can play a part

A WEST Clare councillor has called on retired public servants in the county to play their part in the national recovery, saying that they are ideally suited, thanks to years of experience to put their shoulder to the wheel for the good of the county.

Fine Gael councillor Gabriel Keating has sounded out the calling by saying that the raft of public service retirements in the county should now be used to harness a recovery of the county’s economic fortunes.

“This presents an opportunity for County Clare to harness the wealth of experience amassed from their careers for the benefit of the economic and social revival of the County,” Cllr Keating said this week.

“There are a lot of people, who will be retiring this year; who have gained valuable experience in the field of Healthcare, Education, Business and Tourism and who still have a lot to offer.

“I believe that many of these retirees would love to be able to impart their knowledge and experience which they have built up over the years and would be willing to volunteer if there was a process or forum set up which would facilitate this useful exchange of ideas.”

“That is why I am calling on Clare County Council to formalise a way in which these people can contribute and participate fully in the economic and social recovery of this county,” Cllr Keating added.

In expanding on his new blueprint for economic recovery, he said that volunteerism has a huge part to play over the next couple of years. “In seeking opportunities for volunteerism we must start looking beyond the traditional roles, such as Tidy Towns or local charities,” he said.

“However, in order to fully utilise the skills which these people possess, and to make sure that we just do not end up with another ‘Talking Shop’. It is important that the process or forum which is set up is active and that the ideas and proposals which are formulated in the process are fed into Local Authority System so that they can be acted upon.”

“Whether people have retired from the public, private or tourism sectors or whether they are self-employed retirees they have a vested interest in County Clare; they live here; their children or grandchildren are living here and they have the energy and enthusiasm to contribute to making this County a better place for all of us to live and work in.”

“It is an economic reality that we are where we are, and if we are to move forward recovery has to begin at grass root level. By participating in this initiative, I believe that these individuals will be displaying the true spirit of Clare patriotism and they will be making an enormous contribution to the future of their own county,” he added.

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Group enourages public protest through meetings

ORGANISERS of a public meeting in Ennis at the weekend are hoping to tap into mounting public anger at new taxes and cutbacks to services.

Members of the public are being invited to attend ‘Organising Resistance – Fighting Against Injustice And Inequality’, which takes place upstairs in Brogan’s Bar, Ennis, on Saturday, February 18, 2pm.

Kieran Allen of the Socialist Workers Party (SWP) and the United Left Alliance (ULA) will give a talk on organising protests and activism.

Opposition to the new household charge will be among the topics up for discussion, according to one of the event’s organisers, Brían Ó Cualáin.

Brían, a member of the SWP, explained, “There is a push on against the household charge. And we’re hoping this meeting will give people an incentive to come out and hopefully inspire them to get involved.

“It’s not necessarily just about the household charge. We want people to talk about the issues that are affecting them in their community. That could be cutbacks to education, a lack of facilities for young people.”

He believes more and more people are looking for a way to express their anger at a time of economic uncertainty.

He said, “It is definitely building. There is an appetite there and people are looking for ways to express their anger and change the agenda for the little people, the people who are on the margins.

“This is affecting us all. Hopefully it will help create a bit of movement and we can capitalise on that movement and anger.”

The meeting is the latest in a series held in recent weeks around the county aimed at encouraging greater protest and activism.

Brían explained, “There were around 250 people at the Old Ground Hotel for a meeting on the household charge.

“There was a meeting in Kilmihil where around 80 people attended. We had about 80 at a meeting in Shannon and there were 50 or 60 at a meeting in Scariff.”

Organisers say that the reduction in the registration fee for septic tanks following a nationwide storm of protest offers a good example of the power of grassroots activism.

However, Brían says that one of the purposes of Saturday’s meeting is to encourage people to continue to hold the government of the day to account.

Pointing to the ongoing campaign for the retention of services at En nis General Hospital, Brían says, “We know that whatever government gets back into power down the road, they will roll back on a lot of promises.”

Originally from Inis Oirr, where he was involved with the island’s cooperative movement, Brían moved to Ennis 15 years ago.

He says, “I just feel that things have got to such a stage that I’m worried about my own kids’ futures.”

Opposition to the household charge and a new regime of septic tank inspection has been the focus of intense debate at meetings of Clare County Council in recent months. Last month, members met for a special meeting called in response to concerns expressed over the implications of the scheme for homeowners.

At the meeting a senior member of Clare County Council and former Dáil TD, Cllr James Breen (Ind) called for the people of Clare to engage in a period of “civil disobedience”. Around 300 people attended a public information meeting held in Ennis just before Christmas about new septic tank charges.