Category: News

LOCAL authorities in Clare may be asked to provide housing for a wheelchair bound amputee who pleaded guilty to setting fire to a nursing home in Killaloe.

In February, James Sherlock (24) pleaded guilty to causing arson at the Lakes Nursing Home, Killaloe on August 20 (2010).

At his sentencing hearing, Ennis Circuit Criminal Court heard that gardaí and members of the Fire Services were called to the private nursing home on the outskirts of Killaloe to deal with a fire started by Mr Sherlock in his locked first-floor room. Staff and all residents were evacuated after the fire which caused € 5425 worth of damage.

The court heard that the damage was confined mainly to Mr Sherlock’s room.

A 94-year-old resident died on the same night. A post mortem later showed the woman died from natural causes.

An inquest in December 2011 heard there was no evidence that her death was related to the fire.

The court heard that Mr Sherlock, formerly of 16 Childers Road, Ennis, stuffed materials under his wheelchair before setting the chair alight.

Mr Sherlock later told gardaí he set fire to his bedclothes with a lighter after drinking neat vodka. He said it was an accident and that he had been in a bad mood.

The court heard Mr Sherlock had his right leg amputated from the knee down six weeks prior to the incident. The procedure was necessary due to a “historic heroin addiction” the court heard.

Urging the court not to impose a prison sentence, Defence Counsel, Pat Whyms BL said in February, “In terms of punishment, this man’s life is a living hell.”

The case was adjourned until April for reports from the Probation Services.

On Wednesday, Ennis Circuit Criminal Court heard that Mr Sherlock is currently in hospital receiving treatment.

Counsel for the Director of Public Prosecutions (DPP), Stephen Coughlan said the Probation Services had indicated they are “looking to the local authority” to find ground floor, wheelchair accessible accommodation for Mr Sherlock.

Mr Coughlan said the hospital were unwilling discharge Mr Sherlock until a plan for accommodation is in place.

Mr Coughlan added, “It is a bit of a chicken and an egg situation.”

Judge Gerard Keyes said, “There has to be facilities made available…. This man just can’t be abandoned.” Judge Keyes adjourned the case until tomorrow (Wednesday, April 24).

A COUNTY Clare bank manager has been jailed for four years after he stole nearly € 450,000 from customers to pay off a € 3 million debt he had run up from failed property investments.

Kevin Jarlath Mitchell (54) had been working as a branch manager in ACC Bank in Kilrush when the 19 year long fraud was uncovered.

He came before Dublin Circuit Criminal Court on signed pleas of guilty from the District Court and confirmed seven such pleas before Judge Martin Nolan.

They were accepted as sample pleas.

Mitchell, who now lives at Driminagh Road, Driminagh, pleaded guilty to charges of theft, obtaining cash and a cheque under false pretences and falsifying a DIRT compliance certificate on dates between January 1993 and February 2012.

Detective Garda Alec Cassidy told Vincent Heneghan BL, prosecuting, that Mitchell stole € 197,000 from a local pensioner after leading the man to believe that he had been depositing his cash in a high interest deposit account for 19 years.

The elderly man was under the impression that there would be € 520,000 in the account which had been legitimately opened in 1993 but closed, unbeknownst to him, in December 1994.

Mitchell also stole € 250,000 from long-term friends and customers, a husband and wife who lived locally in West Clare.

They believed he had invested the cash in a two-year bond that would earn the couple about 4% interest. He had in fact lodged the money in his own credit union account.

None of the cash was recovered but ACC bank fully reimbursed all three of the victims.

Mitchell has since handed over his € 600,000 pension to compensate the bank which has been accepted.

The court heard that since the fraud was uncovered last year, Mitchell’s marriage has broken down, he has lost his job and has left the family home in Clare.

Det Gda Cassidy agreed with Ronan Munro BL, defending, that his client’s early co-operation with the gardaí greatly reduced the time spent on the investigation.

He accepted that the fraud began when Mitchell lost € 80,000 after a property he bought collapsed and he had no insurance for the house.

Detective Cassidy further accepted that his crimes escalated as he continued to invest in property both in Ireland and abroad and he was “effectively robbing Peter to pay Paul”.

He agreed that Mitchell has no previous convictions, is genuinely remorseful and unlikely to come to garda attention again.

Mr Munro said there was “no excuse” for what his client did and said it represented “a huge breach of trust”.

He said Mitchell is a father to five sons and effectively “exiled” himself from Kilrush when the fraud came to light and he separated from his wife.

Judge Nolan said it was a sad case as Mitchell had been a well respected man in his local area and a trusted member of the local community.

“He sought to escape from his financial trouble by stealing from his customers and friends,” the judge said.

He acknowledged that Mitchell had come to court with “the perfect mitigation” in that he had co-operated with his employers and the gardaí which made it easy for the authorities to investigate his crimes.

Judge Nolan accepted that for a man such as Mitchell prison would be very difficult but told the court he must impose a somewhat harsh term “for general deterrence and punishment”.

The court heard that Mitchell had legitimately opened a bank account with ACC in January 1993 for the elderly man but closed it the following December.

The man was then 58-years old and had been a customer with ACC bank for many years.

Mitchell continued to call at the house for 18 years collecting the cash and keeping it for himself.

This fraud was discovered when the man decided to get his financial matters in order in 2012 and recruited a local accountant.

The victim was under the impression that there would be € 520,000 in the account but when the bank was contacted, the accountant was informed there was no such account.

Mitchell was contacted because the accountant was concerned about the man’s DIRT liability and Mitchell subsequently manufactured a bogus DIRT compliance certificate.

The accountant was suspicious of the document and following, a meeting with members of ACC bank, the gardaí were contacted.

Mitchell was immediately co-operative and admitted the second fraud in relation to the couple from West Clare.

CLARE County Council last week secured a court order restraining a former DJ from harassing local authority staff at a gala tourism event.

At Clare Circuit Criminal Court on Thursday, the Council sought an injunction preventing Ennis man Tommy Kelly from attending the Clare Tourism Forum, a networking event held at the Clare Inn, Dromoland on Thursday night.

Mr Kelly, with an address at 6 An Páirc, Quin Road, Ennis was also ordered by the Court to restrain “from communicating directly with Clare County Council, two named employees, or any other officer of employer of Clare County Council”.

Mr Kelly, a former Clare FM DJ, was not present in court when the order was granted.

Prior to the hearing of the application, Counsel for Clare County Council, Michael Collins BL, asked if the plaintiff was in court.

Judge Gerard Keyes said Mr Kelly had come to court earlier in the morning.

He said Mr Kelly had expressed unhappiness at being in court. He said Mr Kelly also expressed unhappiness with the judicial system.

Judge Keyes said he advised Mr Kelly to stay in court until the application was heard. He said Mr Kelly declined and left the court.

The court heard that a named Council employee who works as a marketing executive with the Clare Tourism Forum, organised the event in the Clare Inn.

Mr Collins explained that Mr Kelly had been nominated to operate a stand for the Ennis Fringe Festival at the Forum.

The court heard that County Solicitor John Shaw wrote to the festival organisers advising that Mr Kelly could not attend.

The court heard that the Council employee was concerned Mr Kelly would “focus” on her.

Mr Collins told the court that Mr Kelly sent “unnecessarily abusive emails” to the Council in April, stating his intention to attend the Forum and document proceedings.

Mr Collins said that in further communication with the Council, Mr Kelly denied sending any abusive emails.

Mr Kelly, the court heard, accuses the Council of “stealing” photographs from him for use in a tourism brochure, called, ‘Clare Live the Life’.

This is denied by the Council. In an affidavit, the Council employee states that the Council invited photographic submissions for the brochure.

They stated that the rules of the competition entitled Clare Tourism Forum to reproduce all or part of the entered material free of charge for use in relation to promotional activity.

Mr Kelly, an award-winning photographer, was called prior to the application being heard but was not present in court.

Expressing concern over the Council’s authority over the Clare Tourism Forum, Judge Keyes said he was reluctant to grant a “blanket injunction” preventing a person from attending the Forum event.

The case was adjourned for a brief period. On resumption, County Solicitor John Shaw, told the Court that the Council employee is the “sole person responsible for running the event.”

Judge Keyes granted the order, “restraining the plaintiff from interfering or harassing or in anyway impeding the first named defendant in the performance of their duties as organiser of the Clare Tourism Forum Gala Tourism Networking Evening”.

Mr Kelly was also ordered not to interfere, harass or impede in any way Council employees from doing their duties.

The court ordered that the order be served on Mr Kelly by personal service and by email.

A LOCAL surfer who got into difficulty close to the site of the massive Cliffs of Moher wave was airlifted to safety last week.

A group of four surfers were in the water close to the world famous Aill Na Searrach or Aileen’s Wave at the foot of the Cliffs of Moher when the incident took place.

A number of members of the Doolin unit of the Irish Coast Guard were already in the area when the alarm was raised and were quickly redeployed to the scene.

The man is understood to have been overcome by high waves in excess of 16 feet and separated from the rest of his group. It was first thought that the surfer had been washed ashore at a foot of the Aill Na Searrach – a treacherous location which would have required rescuers to abseil more then 600 feet to rescue him.

Along with a number of shore search terams, the Doolin Unit of the Irish Coast Guard launched its rescue boar and the Shannon based Irish Coast Guard helicopter was also sent to assist.

The surfer was spotted by the rescue helicopter, who lowered a man into the sea to rescue the injured surfer. The casualty was flown to University College Hospital in Galway where he was treated for suspected back and neck injuries, which are not believed to be life threatening. The surfer is understood to be from the local area.

THE THREE bottlenose dolphins who have made Bunratty their unlikely home for the past two weeks, may now have moved on the deeper waters. The dolphins, who attracted large crowds to Bunratty, were last spotted around the bridge in Bunratty on Saturday morning, April 13.

It is thought that the recent rain may have caused the fish that the dolphins had been feeding on to move upriver. The creatures had been spending less and less time in the area in recent days, appearing only once on Saturday and three times on Friday.

A planned rescue attempt for the dolphins was aborted last week when the Irish Whale and Dolphin Group (IWDG) carried out a detailed assessment to determine if the dolphins were trapped in the area – as had been thought.

The National Parks and Wildlife Service (NPWS) and members of the Killaloe Unit of the Irish Coastguard were present during the day if a rescue attempt was needed.

IWDG Executive Officer Dr Simon Berrow, led the assessment and witnessed the mammals surfacing normally in a narrow strip of water around 100 to 150 metres up river of the bridge.

As water levels rose later in the day the IWDG deployed hydrophones into the water to track the dolphins movement and actions. They discovered that the dolphins were not trapped by the traffic noises on the bridge – as had been previously thought – but were able to pass freely under the structure.

In fact, the dolphins were so comfortable in the local environment that they began foraging for food and hunting fish.

Dolphins have a limited ability to survive in fresh water. After prolonged exposure to fresh water they can develop kidney and skin problems – eventually resulting in kidney failure and death.

However, in this instance, it appears that that the biggest threat faced by the dolphins was man with a number of recorded instances of stones being throw at the creatures as well as two men in scuba gear who attempted to swim with them.

Anyone who spots the dolphins is asked to email details to sightings@iwdg.ie.

“COMPLIANT householders are being denied natural justice” in Kilrush as they continue to pay their property tax, while living in unfinished estates.

Those were the words of Kilrush town councillor Christy O’Malley (FF), who was reacting to a call for public lighting to be completed in two Kilrush estates.

In all three estates have come to the attention of the council members as being unfinished.

Cllr Ian Lynch (FG) said that public lighting needed to be installed at Wood View and Cois na Ce.

“Another winter has passed and these lights have still not been activated,” he said.

Last year Wood View was exempt from the household charge, but residents are now expected to pay the property tax.

Cllr Tom Prendeville argued that this was unjust as there had been no major works carried out in the estate in the intervening 12 months.

“I wonder what has changed to warrant these unfinished estates being brought into the family home tax net when no major upgrading works have been carried out over the past 12 months? I am anxious to know what the current status of unfinished estates in Kilrush is now property owners in these estates are to be asked to pay taxes on their properties that the Minister vowed would go towards the upkeep of their estates, including the provision of basic services,” he said.

“As elected members we meet people living in unfinished estates where roads, footpaths, public lighting, sig- nage and general maintenance works in open spaces are less than satisfactory. It can be difficult to explain that this council is not responsible for the up keep of estates not yet taken in charge. We all appreciate the this council will not take an estate in charge until it is satisfied that all essential infrastructure facilities and services are up to the mark and that is how it should be.”

Moyne Court was the last housing estate taken in charge by the council as far back as April 2005.

“There is no record of any other estate taken in charge in the Kilrush area in the past 10 years and there are no applications pending from estates to be taken in charge,” said Town Clerk John Corry.

“The council is dealing with a small number of estates that are either unfinished, inadequately completed or not taken in charge which are being progressed through enforcement proceedings. The council is committed to engaging with all the relevant parties to progress the issues that arise on these estates to a satisfactory conclusion.”

Mr Corry said that in the case of Cois na Ce, the council has called in the bond, and the issue is currently with the bank. This can be a long process he explained.

Cllr Lynch added that as Kilrush was the planning authority, the fact that people were living in unfinished estates was the council’s responsibility.

“I think it is unfair to ask anyone to pay for services they are not getting,” he said, adding that the council should write to the Minister asking that three estates in Kilrush be exempt – Beal an Ibhir, Wood View and Cois na Ce.

THE meltdown of the Green Party as a force in Irish elected politics could be re-enforced in the coming days with the possible defection of sitting member of Clare County Council and Ennis Town Council, Cllr Brian Meaney, from the party. The Clare People has learned this week, that Cllr Meaney is sensationally on the cusp of cutting ties with the Green Party, with sources within the Clare County Council chamber revealing that the 47-year-old is pre- paring to join Fianna Fáil.

A source within Fianna Fáil in the Ennis electoral area that Cllr Meaney represents has revealed that he has applied for membership of the party and is in the final stages of severing ties with the Green Party. The Clare People

CLARE County Council says a contractor appointed to oversee the maintenance and operation of the M18 motorway will be responsible for dealing with illegal encampments along the route.

The Council has been urged to liaise with the National Roads Authority (NRA) to tackle the issue to “avoid a lacuna in the legislation whereby neither the local authority or the NRA may not be in a position to take offenders to court”.

The view was expressed by Cllr Joe Arkins (FG) in a motion submitted to the council’s April meeting.

Cllr Arkins stated that motorway exists where the acquisition of land exceeded the amount required, “has left opportunities for illegal parking”.

In a reply to Cllr Arkins’ motion, Anne Haugh, Director of Services, states;

“The NRA is taking over responsibility for maintenance and operation of the motorway network within the next two months.

“This means the N18/ M18 from Gort to the junction at the Radisson Hotel near Limerick and the N19 from Junction 9 on the M18 to the entrance to the airport and incorporates everything between the boundary fences.

“The NRA has confirmed that dealing with unauthorised parking within the motorway curtilage is among the responsibilities of the contractor to be appointed by them to implement their new role.”

Ms Haugh continues, “The 1993 Roads Act provides for a robust defence of the National Road Network against unauthorised parking or encampments in this regard the Section 69 of the act makes it an offence to place or retain a temporary dwelling on a national road, motorway, busway, protected road or any other prescribed road or prescribed class, sub class or type of road.

“An authorised person may remove the temporary dwelling from any of the road classes referred to in the previous sentence – bearing in mind that the definition of a “road” elsewhere in the same act effectively comprises everything between the boundary fences – note also that slip roads roundabouts etc associated with motorway junctions are deemed to be part of the existing motorway.

“An authorised person is defined as a person authorised in writing by Roads Authority for the purpose of Section 69 or alternatively a member of An Garda Síochana.”

Ms Haugh concludes with confirmation that, “Both the NRA and Galway County Council are being asked again to give priority to land related issues associated with the Gort / Crusheen motorway with a view to offloading whatever may be deemed to be surplus to requirements for the future.

“Both authorities are being made aware of councillor’s concerns in this regard in context of the foregoing.”

TWO peace activists, including a 78year-old woman, look likely to stand trail for an incident which took place at Shannon Airport last October.

Margaretta D’Arcy (78) and Niall Farrell (60), claim to have received letters from gardaí in Shannon last week stating that the Director of Public Prosecutions (DPP) is planning to press charges against them and that a summons would be issued at a future date.

The pair are accused of possible criminal damage and causing a security breach at airport on October 7 last. The pair gained access to the airport and disrupted a number of flights by holding anti-war placards on an airport runway for a number of minutes.

The protest was organised but the Galway Alliance Against War to mark the 11th anniversary of the war in Afghanistan. Since 2001, Shannon Airport has been an important logis- tics distribution point for American soldier and equipment heading to and from Afghanistan the Iraq.

A number of private jets used to carry out special rendition missions have also used the airport but it is unclear of any prisoners were on board while they were on Irish soil.

Margaretta D’Arcy is one of the leaders of the regular anti-war vigils which take place at the airport. She and her husband, the late Booker Prize nominated playwright John Arden, wrote performed a play based on the Ralahine Commune in Newmarket on Fergus in 2010.

“Our protest was part of an international week of action to oppose killer drones, which along with other deadly weaponry and troops are transported daily through Shannon’s Warport,” said Niall Farrell.

“Prosecuting us will not silence us, it will not prevent us from raising our voices in protesting against the death of Irish neutrality and this craven government’s role in the imperial wars of the 21st century.”

A MAN who wrote graffiti on a statue of Clare’s most famous politician was not entitled to express his views in such a manner, a court has heard.

Aidan Cahill (26) used a blue marker to write on a bronze statue of Eamon De Valera near the grounds of Ennis Courthouse on April 4 (2013).

Mr Cahill, with an address at 3 Glenview Close, Tulla, was found by gardaí in possession of a blue marker near the memorial to the former President of Ireland.

At Ennis District Court on Wednesday, Mr Cahill pleaded guilty to graffiti of the monument, which is the property of Clare County Council.

Inspector Tom Kennedy told the court that Mr Cahill had a number of previous convictions including for criminal damage and assault.

Defence solicitor Tara Godfrey said her client is “extremely sorry” for what he had done. She said Mr Cahill has since washed the graffiti from the statue. She said Mr Cahill had entered an early plea and admitted his responsibility. Ms Godfrey said it could be proffered that Mr Cahill is taking the “blame for some other blue markered villain” and their “blue shirted views.”

Judge Patrick Durcan said this was a monument of national significance to someone who played a significant role in the development of the Irish State. Judge Durcan said irrespective of whether or not Mr Cahill had views on Mr De Valera, he was not entitled to deface the statue.

Judge Durcan said he found it “absolutely reprehensible” that someone would use the statue as an “outlet for their rage.” He added; “This is an issue where someone very central to this country has been defamed.”

Noting Mr Cahill’s early guilty plea, Judge Durcan imposed a threemonth prison sentence. That sentence was suspended for 12 months on condition Mr Cahill be of good behaviour and refrain from entering the park that surrounds the De Valera monument.