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‘Legal staff feared for their safety at Ennis Courthouse’

THREE members of the same family charged over a row that occurred in the grounds of Ennis Courthouse earlier this year will be sentenced next month.

Adjourning sentence at Ennis District Court last week, Judge Patrick Durcan said, “It’s just the gross lack of regard for law and order is what troubles me.”

His comments came as a solicitor admitted there were times this year when legal practitioners feared for their safety due to a spate of disturbances.

Details of a public order incident were heard at Ennis District Court on Wednesday where Michael Molloy (19) and sisters Laura Molloy (22) and Rose Mahon (23), all with addresses at Bay 2 Ballaghboy Halting Site, Quin Road, Ennis pleaded guilty to engaging in threatening and / or abusive behaviour with intent to provoke a breach of the peace at Ennis Courthouse on June 19.

Laura Molloy and Rose Mahon also pleaded guilty to failing to comply with the directions of garda.

Inspector Michael Gallagher told the court the altercation developed when two groups of people met in the grounds of the Courthouse on a day of scheduled sitting of Ennis District Court.

Defence solicitor Daragh Hassett said Michael Molloy was pursued into the courtroom by a woman who “read him chapter and verse.”

The court heard Laura Molloy then received a phone call from the woman who told her she wished to make peace. A large number of people then gathered outside the Courthouse where a dispute developed.

“Not only was there no peace talks but war had been embarked upon” explained Mr Hassett.

Mr Hassett said there had been a period in the first half of the year when the Courthouse had been the venue for a number of rows and dis turbances. However he told Judge Durcan there had been a significant improvement in recent months.

“There was a period in here, two months, where you would fear for your safety,” he added. Mr Hassett said his clients wished to apologise profusely to the gardaí and court. Judge Durcan said it is important that people can come into the court and not observe “wild west lawlessness”.

He said it was his job to ensure respect is maintained and given.

He said this was a most serious offence and he required time to consider sentence. The case was adjourned to November 6.

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Carron cattle drive to mark Burren Winterage festival

AN AGE-OLD tradition will be marked in the Carron this Sunday as a group of local herdsmen will drive hundreds of cattle to their winter home on the upland Burren pastures.

The cattle drive is the centre point for the second annual Burren Winterage Festival, which is expected to attract hundreds of late-season tourists and visitors to the Burren this weekend.

The festival is aiming to mark the age-old process of winterage, which saw hundreds of cattle being moved to the Burren at the end of the summer, where they would spend the winter in relative dryness because of the porous limestone rock of the Burren.

The process of winterage has actively helped to shape the Burren over the centuries as the cattle helped control the spread of hazel and other scrub plants into limestone pavement.

“The Winterage Weekend is all about celebrating the local commu- nity and their traditions which have assisted in the Burren receiving such international recognition,” said Brigid Barry of the Burrenbeo Trust, who are organisers the event.

“Visitors and locals alike have the opportunity to get involved in some really interesting and fun events and all completely unique and connected to the magnificent landscape that is the Burren.”

Along with the cattle drive the Winterage Festival will also include a number of unique Burren events including the Burren Food Fayre, a number of open-farm events and even a prize for the best shorthorn heifer in the Burren.

The Burren last month became the first place in Ireland to receive a European Diploma for protected areas. The diploma, which is awarded by the Council of Europe, was in recognition of the natural and cultural heritage of the Burren, something that the process of winterage has been key to over the years.

The full Winterage Festival Weekend programme is www.burrenwinterage.com.

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Disappearing road signs causing confusion

THE National Roads Authority has been asked to clarify its position on the placing of signs on motorways and dual carriageways amid claims it is causing confusion.

Independent councillor PJ Ryan told the October meeting of Clare County Council, clarification on the policy is needed.

In a motion, Cllr Ryan stated that “this council would clarify with the NRA the position re: signs on or just off dual carriageway, motorway or primary roads as there seem to be a lot of confusion on this matter”.

Tom Tiernan, Senior Engineer in the Council’s Transport Department, said for road safety reasons, all illegal signs are removed from the motorway.

He explained, “Because of the fact that the motorway and dual carriageway system accommodates very large volumes of traffic moving at high speed, the safety of those using the system is of paramount importance. Drivers using the primary route network need certain basic elements of information to facilitate them in terms of destination etc.”

He continued, “The motorway signage system is designed to provide basic minimum information while at the same time it seeks to ensure that the information given isn’t overly detailed or cluttered and that it isn’t too much for a driver travelling at 120 km/hr to absorb without distraction. Effectively, the objective is to provide optimum information of the kind needed by an average motorway driver and to minimise the potential for distraction thereby facilitating complete focus on driving safely.”

Mr Tiernan stated, “For the reasons outlined in the foregoing, no signage other than that designed and approved by the NRA is allowed on the motorway system and any signage placed within the confines of the primary route system without approval is unauthorised and illegal.

“Since the NRA took over maintenance and management of the motorway system recently, this policy has been implemented fully by virtue of the fact that it is a clear stipulation in the NRA’s contract with the contractor who has been engaged to look after the motorway and dual carriageway network.”

Mr Tiernan told the meeting that any signs, which have been removed to facilitate this requirement, can be retrieved by owners at the new motorway maintenance depot adjacent to Junction 13, Tulla Road Interchange on the M18.

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Book of evidence on alleged serious assault Bail decision due for man on rape charge

A DECISION on bail for a 78 yearold man charged with rape and indecent assault is due to be made at Ennis District Court tomorrow.

The man is facing 24 counts of indecent assault and one count of rape contrary to the Offences Against The Person Act 1861. It is alleged the alleged offences were committed between 1971 and 1980 in areas of Clare.

The man is currently in custody on remand following a bail application at Ennis District Court Wednesday.

The court heard the man denies all charges and intends to contest the case fully. He was originally brought before the court on Thursday, October 10.

On Wednesday, defence solicitor John Casey told the court his client was applying for bail. Inspector Michael Gallagher said the State strongly objected to bail for the man, who was described in court as a Jehovah’s Witness.

Detective Garda Donal Corkery told the court gardaí objected to bail on a number of grounds including the seriousness of the charges and their belief the accused is a flight risk. The court heard the man has lived in a number of countries around the world. Det Corkery said he believed the accused would leave the jurisdiction if granted bail.

The accused’s wife told the court the couple intend to remain in Ireland for the duration of legal proceedings. The man told the court he has no reason to leave the country. “I’ve no intention of running. I’m going to face these charges,” he said.

Judge Patrick Durcan said he was reserving judgment on bail to tomorrow. The man was remanded in custody to appear again at Ennis District Court on Wednesday, October 23. Reporting restrictions have been placed on the case.

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Local priests trained as exorcists

PRIESTS in both the Killaloe and Galway/Kilfenora dioceses have been specially trained to perform exorcisms on possessed parishioners. According to Fr Fiontán Ó Monacháin, secretary to the Archbishop of Tuam, three unnamed Irish priests have received special training in how to combat evil spirits and perform exorcisms.

Father Ó Monacháin said that while exorcisms are not common practice – they do take place and the priests involved are given special training to assist them in battling evil spirits.

He said that three priests – an unnamed priest in the Killaloe Diocese, a Jesuit father based in the Galway, Kilmacduagh and Kilfenora Diocese, a priest based in Carlow – have received special exorcism training.

Spokesperson from the Killaloe Diocese, Fr Brendan Quinlivan, told The Clare People yesterday that no priest in the diocese has the specific job of conducting exorcisms but that all priests receive basic training in conducting exorcisms.

Fr Sean McHugh of the Diocese of Galway, Kilmacduagh and Kilfenora, said that he was not aware of any priests in the diocese who had received special training for conducting exorcisms but that the nature of the work meant that the priests identity would be kept secret.

Before an exorcism can take place, the person involved is first assessed to ensure that he or she is suffering from a spiritual possession and not a psychological issue. The local parish priest will then generally attempt to help the effected person, usually by speaking with them or performing a mass in their home. Only when this fails is permission sought from the bishop for an exorcism to take place.

“That [local] priest would have a good idea if it’s a psychiatric or a spiritual issue. If it’s a spiritual problem, the priest would usually say prayers or celebrate Mass in the house, or give a special blessing using holy water,” said Fr Ó Monacháin.

“If that doesn’t work and if they are still suffering, a formal exorcism may be necessary. And if that’s the case there are priests in the country who are trained in that field. There aren’t many. I know of a Jesuit priest in Galway and there is another priest in the Killaloe Diocese and a Franciscan priest from Carlow.”

Fr Quinlivan stressed yesterday that every care is taken to assess the psychological state of the person involved before a exorcism is considered.

“The first consideration is always the psychological condition of the person involved. This is something that we are extremely careful about,” he said.

These revelation about modern day exorcisms came to light in the ‘Díbirt Deamhain’ programme shown on TG4 on Sunday.

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Stolen cooking oil from Old Ground used to fuel cars

TWO men stole used cooking oil from a hotel in Ennis to use as fuel for their cars, a court has heard.

Lithuanian nationals Linas Mitkus (40) and Gedminuas Paskauskas (33) stole € 56 worth of used cooking oil from the rear of the Old Ground Hotel on April 18. Both men pleaded guilty at Ennis District Court on Wednesday to the theft of burnt oil the property of Frylite Ltd.

Inspector Michael Gallagher told the court a white van belonging to one of the men was captured on CCTV on the day. He said the men admitted the theft but told gardaí they thought it was waste oil.

The court heard Frylite Ltd, the company who supply cooking oil to the hotel, take away the used product oil to sell as biofuel.

Mr Mitkus, with an address at Tirellan Heights, Headford Road, Galway, and Mr Paskauskas, with an address Lana An Bhaile, Ballymore Lane, Craughwell, Galway, have no previous convictions.

Defence solicitor Daragh Hassett told the court his clients collect waste cooking oil as they have interest in recycling oil.

He said they took the oil for personal use and had brought € 56 compensation to court. The court heard both men have cars that run on biodegradable oil.

Judge Patrick Durcan said this was a serious offence and people do not have the right to enter private property and take goods.

“The hotel proprietor is entitled to believe that what is left there (premises) isn’t moved around and is protected,” he added.

He said the men’s early guilty pleas meant the State did not face any extra expense or burden. He said both men were non-nationals who had lived in Ireland for a long period and had clear records.

Both accused were ordered to pay € 200 to the court poor box. Judge Durcan said he did not want to criminalise the men.

A MAN
charged with the burgalry of a historic mansion in Killaloe has been further remanded in custody. Jeffrey Lee (41), with an address at Cosgrave Park, Moyross, Limerick, appeared before Ennis District Court onWednesday. He is charged with enteringTinarana House as a trespasser on dates between August 17 and September 24 and committing theft therein. Inspector Michael Gallagher sought to have the accused remanded in custody to November 6 to allowthe Director of Public Prosecutions (DPP) to issue directions. Defence solicitor Tara Godrey consented to the remand.Tinarana House is the home of Gary McNamara and his wife, Michelle. He is the son of Dolores McNamara, the Limerick woman who won €115min the Euromillions lottery drawin 2005.The mansion is located on 270 acres on the shores of Lough Derg.Tinarana was previously owned by Dr Paschal Carmody and his wife, Dr Frieda Carmody.

A 17- year
-old boy has been in court charged in connection with a large drugs seizure in Ennis last year.The boy, who cannot be named for legal reasons, appeared at Ennis District Court on Wednesday. He is charged with possession of cannabis and possession of cannabis for sale or supply in the Kilrush Road area of Ennis in March 2012. Inspector Michael Gallagher told the court the drugs have an estimated value of €12,800. He said the Director of Public Prosecutions (DPP) had directed trial on indictment and that a book of evidence will be prepared.The case was adjourned to November 13 for service of the book of evidence. A JUDGE has refused jurisdiction of a case where a man suffered a fractured jaw in an alleged assault at a fast food restaurant in Shannon earlier this year. At Ennis District Court on Wednesday, Judge Patrick Durcan said he made the decision, as the injuries are “very serious.” Details of the alleged assault at Supermacs were heard at Ennis District Court on Wednesday. Josh Vincent (20), with an address at Finian Park, Shannon, is charged with assault causing harm in Shannon town centre on May 26. The case was adjourned previously for the production of a medical report on the alleged victim. Inspector Michael Gallagher told the court it would be alleged Mr Vincent was involved in a brief altercation with a man in a Shannon nightclub. He said the pair met again in Supermacs that night where it is alleged the accused punched the man in the head. The court heard the alleged victim suffered a fractured jaw and had four screws inserted into his gum as part of the treatment. Insp Gallagher said the man was left unconscious for 20 seconds following the alleged assault. After reading details of the medical report, Judge Durcan refused jurisdiction. Mr Vincent was remanded on continuing bail to appear again at Ennis District Court on November 13. A book of evidence is due to ready by that date.

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Former air-hostess guilty of breaches of protection order

A FORMER air-hostess who repeatedly breached a protection order sought by her former boyfriend has been warned that the courts are not a crèche.

Siobhan Downes (34), with an address at Childer’s Road, Ennis appeared in Ennis District Court last week charged with breaching the order on October 3.

Last month, Ms Downes avoided a jail sentence after pleading guilty to six separate breaches of a protec- tion order originally imposed by the court in February.

At the time, the court heard Ms Downes’ former boyfriend secured the order after the breakdown of the couple’s relationship.

In court last month, Judge Patrick Durcan said that Ms Downes had been unable to get over her infatuation with the man resulting in the successive breaches.

He said he would not impose a custodial sentence on condition that Ms Downes attend for regular psychiatric treatment. On Wednesday, the court heard Ms Downes had spent the past 10 days in custody after being arrested for the latest alleged breach.

Defence solicitor Turlough Herbert asked Judge Durcan to reduce his client’s bail terms from a cash lodgment of € 2000 to € 1000.

Inspector Michael Gallagher opposed the application. “This is a very serious case. I’d be loathed to accede to that request”, he said.

Judge Patrick Durcan said he had sympathy for Ms Downes, noting she has a very serious psychiatric illness. He said the court has the greatest sympathy for Ms Downes but must also protect the injured party. The court heard the man has now left the jurisdiction.

Judge Durcan reduced the terms of the independent surety required for bail to € 1000. Ms Downes was remanded in custody with consent to bail to appear again in court tomorrow (October 23).

Judge Durcan warned that if Ms Downes breached the agreement again he would deal with the matter. “This court doesn’t run a crèche for middle aged people”, he added.

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Book of evidence to be served on child porn charges

A BOOK of evidence is due to be served next month on a 48-year-old man charged with possession of child pornography.

The man, who cannot be named by order of the court, made his second appearance at Ennis District Court on Wednesday.

It is alleged that the man, on dates unknown in September 2009 in an area of Clare, did knowingly have in his possession child pornography, to wit, five images of a child under the age of 17, engaged in illicit sexual activity or witness to illicit sexual activity.

Inspector Michael Gallagher told the court the book of evidence was not ready and the State required a further four weeks.

Judge Patrick Durcan granted an extension of time for service of the book of evidence.

Defence solicitor Daragh Hassett applied for reporting restrictions previously placed on the case to continue to apply. Last month, Judge Durcan approved a defence application for the identity of the accused, his address and the location of the alleged offence not to be reported on.

On Wednesday, Judge Durcan said reporting restrictions still apply to the case.

The man was remanded on continuing bail to appear again at Ennis District Court on November 13.

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Clean bill of health for Ennis Hospital – HIQA

ENNIS Hospital has finally received a clean bill of health from the health watchdog HIQA.

Following years of reports outly ing dangers to patients health and indeed life, the County Clare hospital was hailed the cleanest and safest in the country on Thursday when the Health Information and Quality Authority.

The unannounced inspection was refined to the new hospital extension, with its two wards the Burren Ward and Fergus Ward, inspected.

“Overall, both areas assessed in Ennis Hospital were very clean with very few exceptions,” the report said of the state of the art single-room wards officially opened by Minister for Health James Reilly in April.

“The risk of the spread of Healthcare Associated Infections (HCAIs) is reduced when the physical environment and equipment can be readily cleaned and decontaminated. It is therefore important that the physical environment and equipment is planned, provided and maintained to maximise patient safety.”

The inspectors found this to be the case in the multi-million euro building it demanded in a previous damming report.

When it visited the hospital on September 4 for the most recent report it found that it was one of the cleanest in the country although there were a few minor issues relating to the standards set to control hospital infections. These included one finding of dirt on a door joint but mostly related to inadequate signage in certain parts of the wards.

Hand hygiene was criticized in the region’s maternity hospital in the last set of hospital reports, but Ennis Hospital was found to be following HIQA protocol.

“Hand hygiene is recognised internationally as the single most important preventative measure in the transmission of HCAIs in healthcare services. It is essential that a culture of hand hygiene practice is embedded in every service at all levels,” the inspector said.

“Ennis Hospital must now develop a quality improvement plan (QIP) that prioritises the improvements necessary to fully comply with the National Standards for the Prevention and Control of Healthcare Associated Infections.

“This QIP must be approved by the service provider’s identified individual who has overall executive accountability, responsibility and authority for the delivery of high quality, safe and reliable services. The QIP must be published by the hospital on its website within six weeks of the date of publication of this report.”

However, the good news at Ennis wasn’t replicated in four other hospitals including Nenagh, which is also in the University Limerick Hospital Group.

A litany of problems at the Tipperary hospital means a follow-up inspection is required within six months, while the Mater Hospital was told that “many improvements were required” within the same time frame.

There were also risks to patients from infections discovered at St Vincent’s and Tallaght hospitals in Dublin because of unclean environments in wards.

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McCabe buys Carnelly House

MILLIONAIRE Clare farmer JJ McCabe has added to his growing property portfolio in the past week by buying one of the most famous stately homes in the county.

And, in making his latest purchase, the colourful Clarecastle man has stayed close to home in purchasing Carnelly House in his native parish, which dates from the mid 1700s and is just 1km from his farm.

“It was up for auction in Ganley’s of Dublin and I bought it,” he told The Clare People .

“I belong to one of the oldest families in Clarecastle and we have been farming there for over 200 years. Carnelly is one of the oldest houses, it was up for auction and I went for it,” he added.

Mr McCabe, who earlier this year bought the Kilkee Bay Hotel and Ashford Court Hotel in Ennis, paid € 600,000 for the period mansion and its adjoining 74 acres.

This purchase price represents an 80 per cent fall in eight years – before the height of the property boom, the house and adjoining lands was sold by the Gleeson family in 2005 to a Dublin-based consortium called the Master Group for € 3m.

Carnelly House was built between 1830 and 1840, having been designed by Clare-born architect Francis Bindon as a wedding present for his sister, Anna, who married George Stamer.

The house has nine bedrooms, a gate lodge, a walled garden, original two story outbuildings and a courtyard.

Up until 2005, the house, which is in very good condition, was owned by the Gleeson family, who operated it as an up-market bed and breakfast.

The largest room in the house is the drawing room of 17’ by 33’, which has ornate stuccoed ceilings and walls by the Francini brothers and an elaborate niche with Corinthian pillars: doors on either side lead to the house’s conservatory. Other rooms include a formal dining room, morning room, library with extensive bookshelves, and all the working rooms for the house like kitchen, utility and boiler room.

After its sale eight years ago, Clare County Council granted planning for an € 80m development being promoted by Master Group. This included the construction of a 64-bedroom two-story private nursing home, as well as therapy room, a chapel, security room and 135 residential units. The foundations for this development were laid, while the planning permission was renewed in July 2011 until April 2017.