Category: News

HIP replacement patients from County Clare gathered in the Old Ground Hotel yesterday (Monday) to hear from a law firm that is taking a group action against the firm that manufactured their faulty hip implant.

Personal injuries law firm Peter McDonnell and Associates are already representing 30 Clare patients who received a hip manufactured by De Puy ASR, a subsidiary of Johnson and Johnson, between 2003 and 2010.

In 2006 the company ceased to sell any more of the implants in America, but continued to import them into Ireland and Europe.

On August 24, 2010 there was a worldwide recall on the hip implants, with patients reporting side affects from the prosthetic.

The implant was constructed of metal, and those with the implants are now subjected to on-going blood tests and scans amid fears of cobalt poisoning. Those that are found to have a high level of cobalt in their blood are then advised to have the DePuy hip removed and replaced with an alternative.

Mr McDonnell said that while to date DePuy has paid for the replacement costs of removing the hip, after care for patients, scans, blood tests and other associated costs, patients must take a case to cover any costs resulting to further damage as a result of metal poisoning.

The legal firm behind the suit un- derstands there are 170 more Clare people affected by the faulty implant and have advised them that it is not too late join the civil action.

DePuy ordered a recall of the medical device in 2010.

One woman from Kilrush who attended yesterday’s meeting, and did not wish to be named, said she was very worried.

In February 2009 she received her DePuy hip replacement, but after the operation suffered great discomfort.

In October that year, the surgeon operated on her hip again in a bid to fix the problem.

“That was two in the afternoon, at one that night I was back in surgery and had to have the whole thing replaced,” she said.

As it was 2009 she once again received a metal hip replacement and is now concerned about the longterm affect.

“I have had the blood tests but I never got the results, and my doctor can’t read them. I am worried,” she said.

Mr McDonnell said that the reading of the blood tests differ greatly from America to the British reading used in Ireland and can lead to a lot of confusion even among the medical profession.

The Kilrush lady said she was now considering yet another surgery, and would be looking for more blood tests and scans.

As there are no class actions each person must file an individual claim, according to the law firm.

When it is over a per centage of the claim is paid in fee to the firm.

GARDAÍ in Clare are urging people to behave responsibly as part of their annual Halloween safety awareness campaign.

Community Guards and members of the Clare County Fire Services have given a series of information meetings at primary and secondary schools around the county. Ennis-based community garda Deirdre O’Doherty said there would be a visible Garda presence on Halloween night (Thursday, October 31) to ensure events pass off safely.

“People drinking and particularly underage drinking at a time when you have bonfires and people letting off fireworks would obviously be the biggest concern for us,” she explained.

Garda O’Doherty continued, “Most of the time there are no problems with kids but it does happen in Ennis, as it does in other towns around Ireland, that you will have people drinking. We would be urging people to let the Fire Services do their job on the night. People should also keep an eye on small kids around bonfires and we would encouraging people to keep pets inside. It’s also important people check on elderly neighbours.”

Ennis Gardaí and Ennis Fire Brigade visited all the classes in Barefield National School on Thursday October 17. The liaison garda officer for Barefield National School, Garda Nadine Keane and Garda Albert Hardiman were present along with Frank Gormley with Gearoid Blake and Stephen Hayes from The Clare Fire Brigade.

Deputy principal Paddy Conroy said the event was beneficial for students.

He said, “Students were shown photographs relating to Halloween dangers and the Garda Nadine Keane and Albert Hardiman advised that the use of firecrackers without a Garda license is an offence. The children viewed photographs and footage of injuries, which have occurred through the use of firecrackers. Old people, young people and animals can sometimes feel intimidated at Halloween so children must ensure that the festival is enjoyed in a responsible and caring fashion. Mr John Burns (Principal) thanked the Garda officers and the firemen for their time and advice and commented that they are friends who keep our communities safe.”

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.

TRADE unions representing staff at Shannon Airport and Shannon Development have raised concerns about the future viability of the newly independent Shannon Airport.

Speaking at the Joint Committee on Transport and Communications Debate on the Shannon Aviation Services and Miscellaneous Provision Bill 2013, Owen Reidy of SIPTU said, “We have serious reservations and concerns about this prospect actually flying and working because we believe that ultimately, the success of this project is based primarily on planned growth on the airport site and on passenger numbers.”

He maintained that the projected numbers of the business plan for the airport does not stand up to the scrutiny of an appraisal by the Irish Congress of Trade Unions. He said the projected or planned growth from 1.39 million passengers in November 2012 to 2.5 million passengers by 2021 were based on assumptions that do not stand up to scrutiny in the current economic climate.

“We are concerned that if this does not work, the overall project may suffer and fail, notwithstanding the fact that we wish it well. Should that arise, we would be concerned about any implications for the workers concerned in both entities,” he said.

During the same discussion Neil Pakey, Chief Executive Officer of the Shannon Airport Authority, received support for his call to extend the borrowing facility limit for the group to € 100 million.

This, he claimed, would allow the Shannon group to deliver on the recommendations of the task force and to ensure it can be as competitive as its European peer group airport companies.

“As any such borrowings would be subject to business cases and ministerial consent, we should not have a more restrictive limit than our competitors, be they private or public operators,” he said referring to previous operators he worked for who borrow and invest in their airports.

Chair of the meeting Clare TD Timmy Dooley said the committee would forward the recommendation to the Minister.

Clare County Manager Tom Coughlan reiterated the need for an extended borrowing limit.

“For the group to carry out its functions as envisaged, and one hopes there will be wider functions than those envisaged at present, it must be in a position to finance itself and it must be empowered to raise the necessary capital and finance to achieve its objectives,” he said.

Mr Pakey also proposed the renaming of the new look SFADCo to Shannon Enterprise.

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.

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.

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.

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.

A BOOK of Evidence is due to be served next month on a 70 year-old man accused of rape.

The man, who cannot be named for legal reasons, made his second appearance at Ennis District Court on Wednesday.

He is charged with three counts of raping and two counts of sexual assaulting a male.

The alleged offences are alleged to have taken place on dates unknown between January 1999 and September 2000.

In September, the court heard that in response to one of the rape charges, the accused said;

“That’s totally untrue.

“That never happened or with anyone else.”

In response to another rape charge, he said; “Totally deny that one.”

In response to the third allegation of rape, the man said, “Totally deny that also.”

On Wednesday, defence solicitor John Casey told the court the State had indicated the book of evidence would be ready in two weeks.

Judge Patrick Durcan remanded the accused in custody to appear again at Ennis District Court on November 6.

Reporting restrictions have been placed on the case.

A TOURIST who almost lost his sight in a “brutal” unprovoked New Year’s Day assault after coming to the aid of a woman in Ennistymon has been praised for his “gallantry”.

Dublin man Richard Mullen and his wife were returning to their holiday home in the early hours of January 1 when they came across a “young woman pinned to the ground by a thug” on Circular Road, Ennis District Court heard on Thursday.

Mr Mullen told the court he saw a young man standing over a woman with his hands over her throat. Mr Mullen said that after helping the woman to her feet, he received a blow to the head from William Donovan (20).

“I went down like a sack of spuds”, the 62-year-old recalled.

The court heard that after returning to Dublin, Mr Mullen received treatment for acute glaucoma caused by a swollen eye and almost lost his sight.

Passing sentence, Judge Patrick Durcan said he had never come across such a brutal assault in his time on the bench in Clare. He said Mr Mullen had required complex medical treatment to save his sight.

“He (Mr Mullen) was set upon in the most appalling, brutal and thuggish fashion,” said Judge Durcan who had considered refusing jurisdiction of the case.

Mr Donovan, with an address at Clancy Park, Ennis, pleaded guilty to assault causing harm and other offences including burglary at Wilsons’, O’Connell Street, Ennis on March 22 (2013).

He also pleaded guilty to stealing clothes, cash and a mobile phone from a man who had gone for a swim in Dough Beach, Lahinch on August 28.

Mr Donovan, a father of one, stole an Apple laptop, four Nikon cameras and € 87 from Wilson’s.

He also pleaded guilty to breaking the window and stealing a jacket from a Citroen Berlingo parked behind Wilson’s.

Detective Garda Claire O’Shaughnessy said CCTV footage and DNA evidence from blood found on the broken car window were used to identify Mr Donovan. She said Mr Donovan had not admitted breaking into Wilson’s

Another man has also been charged in connection with the burglary, the court heard.

Storeowner Richard Wilson recalled finding doors to his premises smashed open on the morning after the burglary. He told the court the burglary had an effect on he and his wife. “I was very conscious of security before but even more so now,” he added.

Mr Donovan has 42 previous convictions. On March 28 he committed a string of offences in Ennistymon and Lahinch that included the theft of two Jack Russell terriers.

Defence solicitor Tara Godfrey said her client apologises unreservedly to the victims of his crimes.

She said Mr Donovan had significant problems with drink and tablets in the early part of the year.

She said Mr Donovan had taken steps to address his problems and had cleaned up his act since March.

“I would ask the court to accept this is a man who has changed”, added Ms Godfrey.

Judge Durcan said the devastation Mr Donovan visited upon Wilson’s was akin to something you would see in war-torn Libya and Syria.

“He broke down doors and gates and smashed his way in the very worst John Wayne manner you’d see in the movies of the Wild West”, he added.

He imposed sentences totaling 14 months on Mr Donovan. Recognances were fixed in the event of an appeal.