Category: News

BOOKS of Evidence have been served on two men alleged to have damaged a family home in Ennis last year.

Michael Molloy (20) and Patrick McCarthy (19) are both charged with committing criminal damage at Westbourne Court, Watery Road, Ennis on October 28.

It is alleged that both accused did without lawful excuse damage two car windows, two glass door panels and a 51” flat screen TV and glass stand intending to damage such property or being reckless as to whether such property would be damaged.

Both men appeared at Ennis District Court on Wednesday.

Mr Molloy has an address at 2 Ballymaley Halting Site, Ennis.

Mr McCarthy has addresses at 2 Ballaghboy, Quin Road, Ennis.

The court heard Mr McCarthy has a new address at An Páirc Bruach na Abhainn, Ennis.

Garda Irene O’Flynn of Ennis Garda Station gave evidence of serving the books of evidence on solicitors for each accused.

Inspector John Galvin said the Director of Public Prosecutions (DPP) had consented to both men being returned for trial to the next sittings of Ennis Circuit Criminal Court.

Legal aid was approved for Tara Godfrey, solicitor for Mr McCarthy and one Junior Counsel.

Legal aid was approved for Daragh Hassett, solicitor for Mr Molloy, and one Junior Counsel.

Judge Patrick Durcan delivered the alibi warning.

Both accused were remanded on continuing bail. THREE men charged in connection with disturbances that allegedly occurred at a wedding in Ennis last year have had their cases adjourned for a month. Three men – Jimmy Doherty (39), John Doherty (47) and Simon Doherty (41) – have been charged with offences arising out of an incident that occurred at Ennis Cathedral, O’Connell Street, on October 11 (2012). Jimmy Doherty, with an address at 8 Maiville, Kilrush Road Ennis, and Simon Doherty, with an address at The Cottage, Granard Road, Edgeworthstown, Longford, are both charged with the assault of John McDonagh.

They are also charged with engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace. John Doherty, with an address at 60 Abbeyville, Ennis, is charged with engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace. John Doherty is also charged with assault causing harm to John McDonagh.

In February the court was told that the alleged incident occurred during a wedding ceremony. Judge Durcan declined jurisdiction, saying the nature of the alleged injuries and the allegation that a religious service was disrupted were seriously aggravating factors. The case was to be referred back to the Director of Public Prosecutions (DPP). On Wednesday, Inspector John Galvin told the court that more time was required for DPP’s directions. He requested the cases be adjourned until April 24. Defence solicitor John Casey consented to the adjournment. The men were remanded on continuing bail to appear again in court on April 24.

AN OUTBREAK of whooping cough in the community has been attributed to a “fading in the immunity with age” of a childhood vaccine.

Cases of pertussis, more commonly known as whopping cough, has doubled in the last year from 217 cases in 2011 to more than 444 cases in 2012, with a number reported in Clare.

The illness can be fatal if contracted by infants, and public health specialists are now calling on pregnant women to be vaccinated against the disease, even if they were previously vaccinated as a child.

First year students in secondary schools are also been vaccinated against whopping cough as part of a routine secondary school vaccine programme, as the vaccine is now considered to have a ten-year life span.

Dr Rose Fitzgerald, Specialist in Public Health Medicine based in the mid-west, said the most at risk from pertussis are babies less than two months as they are too young for the vaccine.

The HSE is therefore putting emphasis on pregnant women and recommending they be offered Tdap vaccine between 28 and 32 weeks of pregnancy to enable protection of the very young baby via the transfer of maternal antibodies.

Close family adult contacts of babies born before 32 weeks are also recommended vaccination if not vaccinated.

Siblings of these babies should be age appropriately vaccinated.

As many as 32 per cent of whopping cough cases occur in case where children are less than six months old.

A MAN who head-butted a garda after an all night drinking session has been ordered to carry out 100 hours of community service.

Ennis Garda Colin Egan sustained a chipped tooth after he was assaulted by John Nihill (25) at the Hawthorns Estate at 9am on New Year’s Day.

Mr Nihill, with an address at 25 the Hawthorns, Limerick Road, Ennis pleaded guilty at Ennis District Court on Wednesday to assault causing harm.

He also pleaded guilty to a charge of unlawful possession of cannabis.

Inspector John Galvin told the court that gardai were called to a disturbance at the house on the morning of New Year’s Day.

He said Mr Nihill was very aggressive and appeared to be under the influence of an intoxicant.

Insp Galvin said the accused jabbed his finger at Garda Egan, telling him, “I’ll do you if you come out from behind that uniform.”

Mr Nihill was arrested. As he was being led away from the house, the court heard, Mr Nihill lunged forward and head butted Garda Egan in the face.

Gardaí used pepper spray to restrain Mr Nihill.

Insp Galvin said Garda Egan suffered a chipped tooth but was back to work within a day or two of the incident.

Gardaí searched the house and found cannabis valued at € 40, that Mr Nihill said belonged to him.

Defence solicitor John Casey said his client had been drinking since 6pm on New Years Eve and had stayed up all night playing poker with friends.

An ambulance attended the house after Mr Nihill’s partner injured her foot in a fall, the court heard.

Mr Casey said his client, a father of one, became agitated when gardaí arrived at the house.

He said Mr Nihill has “no recollec tion” of the incident.

Mr Casey continued, “He normally has the demeanor of an extremely quite person…He aplogises fully and frankly for his behaviour on that morning. He has no explanation for it.”

Mr Nihill hasn’t drunk alcohol since the incident, the court heard.

Judge Patrick Durcan said gardaí had been subject to Mr Nihill’s intimidatory nature on the night.

He said he was of the view that the accused should receive a prison sentence. Judge Durcan adjourned the case for a brief period to consider sentence.

When the case resumed, Judge Durcan said he had considered the matter. He said freedom was the most important right a person has.

He said he has “no time whatsoever” for people who treat gardaí with disdain and who assault and injure gardaí.

Judge Durcan imposed a 100-hour community service order in lieu of three months in prison.

He adjourned sentencing on the drugs charge for a year. He told Mr Nihill to co-operate fully with the Probation Services.

Judge Durcan added, “In my view what you did on that night was very wrong.”

UP TO 50 people in Clare live week to week on dialysis, and most of these people are on a waiting list for a kidney transplant.

The average wait for a life saving organ donation is now up to three years according to Peggy Eustace, treasurer of the Clare branch of the Irish Kidney Association.

There are currently 36 people from Clare travelling to the haemodialysis treatment unit at the Mid Western Regional Hospital Limerick and to the Fresenius Unit on the Dock Road Limerick for treatment.

Clare people from the north of the county travel to Unit 7 in Merlin Park, while up to half a dozen are on home dialysis.

There are three members of three different Clare families awaiting a transplant, as in many cases the conditions that lead to organ failure are hereditary.

This year Ms Eustace and the IKA are encouraging people not just to support their fundraising efforts during organ donor week, but also to carry a donor card or avail of the organ donor section of their drivers licence.

“There is a great debt of gratitude to families of donors who give the gift of life at a very difficult time,” said Ms Eustace.

Last year 78 Irish families made that decision and 206 organ donation operations took place.

In 2010 however there was almost a record low for organ donation, 2011 was a record high and 2012, at 17 per cent less than the previous year, was below average. The Irish Kidney Association chief executive, Mark Murphy, said, “I don’t know of another European country, even of a similar size population, with such wide swings in deceased donor activity.”

Throughout this week IKA volunteers will be out on the streets, and in shopping centres throughout the county, selling ‘forget me not flower’ emblems (the symbol of transplantation), brooches, pens and shopping trolley discs. All proceeds will go towards the Irish Kidney Association’s aid for patients on dialysis and those patients who have received a kidney transplant. Donor cards will also be available.

A CLARE businessman has been ordered to pay just over € 13,000 to a 15 year-old girl who broke her wrist after she came off an inflatable slide.

Mike McKee of the Shannon based HT Promotions was ordered to pay damages of € 12, 500 and special damages of € 630 to Kyiah Moloney, at Ennis Circuit Civil Court on Tuesday.

Kyiah Moloney, with an address at Clancy Park, Ennis was suing through her mother Jacinta Moloney.

The girl was aged 11 when the occurred at a party at Carnelly Woods, near Clarecastle on June 6 2008. Kyiah Moloney sustained the injuries after a section of an inflatable slide deflated “suddenly and without warning”, the court heard.

The plaintiff claimed that the slide deflated because of an inadequate repair job carried out a few days earlier at the section of the slide where it deflated.

Mr McKee told the court that the slide could not have deflated in the manner alleged as the structure of the bouncy castle is compartmentalised in such a way to take into ac- count the effect of tears.

Mr McKee said the company advises hirers that only two people be allowed on the slide in question at the one time.

Under cross-examination from Counsel for Moloney, Pat Whyms BL, Mr McKee admitted that the restriction is not included in the printed terms and conditions given to customers.

Mr McKee said that the slide could have deflated because of someone jumping on the area.

The court heard that HT Promotions provides a range of inflatables and that the terms and conditions is a standard document.

Judge Tom O’Donnell said he was satisfied that no negligence is applicable to the plaintiff.

He said he was satisfied that there was no evidence of abuse of the section where deflation occurred.

He said he considered the terms and conditions “vague in the extreme”. Judge O’Donnell said it was “not adequate” that the hirer is given an oral warning regarding the number of people permitted in the inflatable.

He said that on the balance of probabilities, the plaintiff is entitled to succeed.

HOMEOWNERS in four Clare ghost housing estates remain exempt for the local property tax, due for payment from July.

However those that own or pay the mortgages on houses in 19 other es- tates exempt from last year’s “household charge” are now expected to pay up this new tax.

All properties identified as not liable for the new property tax by Clare County Council for the Department of the Environment, Community and Local Government that are in the south and east of the county.

Ard na Deirge, Knockycloraun, Killaloe and Radharc an Locha, Scarriff Road, Mountshannon are two of the four Clare estates named in the list of unfinished housing estates published in the last week.

The remaining two estates are in Sixmilebridge – Chuirt an Droichead, on Main Street and Ard Ratha on the Broadford Road. Last year’s waiver applied in respect of the € 100 Household Charge was applied to 23 ghost estates.

The new list however contains 83 per cent less housing estates and reflects what the department describes as “the significant progress made by local authorities in reducing the number of problem estates.”

Not all householders agree however. Approximately 5,000 households nationally are eligible for an exemption under section 10 of the Finance Local Property Tax Act 2011.

Minister for the Environment Phil Hogan said;

“It is right and proper that households in unfinished developments should be exempt from payment of the Local Property Tax.

“The number of properties eligible for a waiver reflects the progress made in tackling unfinished housing developments, as well as the more objective approach to categorisation applied to the 2012 National Housing Development Survey.”

“I would urge people not to assume that just because they were eligible for a waiver from the household charge they will be eligible for an exemption from the local property tax. The list has changed substantially reflecting the improvements made by local authorities in resolving problems in unfinished housing developments,” he said. Information is available on the Department of Environment and Clare County Council websites.

WAS it a flair, was it a light aircraft, no, it was a meteorite that fell from the West Clare skies on Tuesday afternoon last and resulted in a massive land, air and sea search.

Around midday, a number of callers reported a “red flare” or a “fire ball” on the sky and making its way inland from Cappa towards Kilrush town.

Another caller later reported seeing what they believed to be a light aircraft on fire.

The Kilrush RNLI was one of the rescue services called to the scene of the mystery light and searched the area from Querrin Point to Cappa village.

“The information that was relayed was that people on the coast saw what looked like a small aircraft, which approaching turned into what seemed a ball of flame.

“At this time the same sightings were reported in the Shannon region,” explained Kilrush RNLI PRO Pauline Dunleavy.

The lifeboat was supported in the search by the Shannon helicopter, and crews from the Kilkee and Mallow Coast Guard, who at this time were involved with another incident in Ballybunnion and crossed the waters and joined in the search following the reports.

At about 2.30pm the search was called off as there was no sight of the mystery-flying object.

“After two and a half hours the search was stood down as the Aviation Department stated there were no aircrafts in the region and the conclusion was that it was perhaps a meteorite landing,” explained Ms Dunleavy.

The mysterious meteorite was just the first call out for a buy RNLI that day.

Just before 9.30pm Valentia Coast Guard again paged the lifeboat crew as a member of the public saw flares in the Kilrush area.

“We launched and after an hour we were stood down as there was no evidence along the shore from Cappa to the Moneypoint area.

“The unit of the Kilkee Coast Guard also carried out an intense shore search,” said a busy Ms Dunleavy.

She praised the members of the public that called in both possible emergencies, and urged anyone who does see anything suspicious out on the water to dial 999 without delay.

TWO East Clare men alleged to have committed offences at Scariff Garda Station last week are due to make their second appearance in court tomorrow tomorrow.

Brian Moloney (34) and Neil Kelly (38) appeared before a sitting of Ennis District Court on Thursday having been charged in connection with offences allegedly committed in the hours between March 18 and March 19 at Scariff Garda Station.

It is alleged that Mr Moloney, with an address at Bohatch, Mountshannon, did cause criminal damage to two windows of Scariff Garda Sta- tion on March 18. Mr Kelly, also with an address at Bohatch Mounthshannon (separate residence), is charged with arson of a car owned by a female garda at Scariff Garda Station on March 19.

Garda Bernard Casey of Shannon Garda Station gave evidence of arrest charge and caution in respect of Mr Kelly.

He said Mr Kelly made no reply to charge after caution. Detective Garda John Mulvihill gave evidence of arrest, charge and caution in respect of Mr Moloney.

Det Mulvihill said the accused said he had “nothing to say” in response to charge after caution.

Inspector John O’Sullivan said the State strongly objected to bail in respect of both accused. He said that while the charges are different, the State would allege that the circumstances of the offence are the same.

He said it would be alleged that this alleged offence was a direct attempt to intimidate a young member of the gardaí from doing her job.

Insp O’Sullivan said the State opposed bail on two grounds: the nature of the alleged offence and the strength of the alleged evidence.

Defence solicitor for Mr Kelly, Eileen Whelan said her client would be willing to abide by strenuous bail conditions Mr Moloney was represented by solicitor Turlough Herbert. Mr Herbert said his client would also abide by any bail conditions set down by the Court.

Judge Patrick Durcan approved bail subject to a number of conditions.

Judge Durcan said the Court required an independent surety of € 3000 for each accused.

Both men were ordered to reside at named addresses, to sign on at garda stations in East Clare, be law abiding and to surrender their passports.

Judge Durcan directed that a letter be written to the Department of Foreign Affairs advising that both accused had surrendered their passports. Both men were remanded in custody with consent to bail to appear again at Ennis District Court on March 27.

NEW procedures aimed at reducing the risk of residents choking on food have been implemented at Kilrush District Hospital, an inquest has heard.

A full review of supervision at the hospital took place following the sudden death of Bridget Griffin (86) at the hospital on November 17, 2012.

Ms Griffin, a resident of the hospital for two years, died after choking on a piece of chicken, an inquest into her death heard yesterday.

Originally from Labasheeda, Ms Griffin lived in Kildysart prior to becoming a resident of the hospital.

An autopsy found that cause of death was asphyxia due to choking. A verdict of death by misadventure was returned at Clare County Coroner’s Court.

The inquest heard that Ms Griffin was served a dinner of chicken, vegetables, soup and a glass of milk on the day.

Care assistant Singiata Kuckauskaik stated in a deposition that cut the chicken into pieces for Mr Griffin. She said that Ms Griffin declined an offer to cut the chicken into smaller pieces.

Another hospital witness told the inquest the chicken had been cut into “reasonable” pieces.

The inquest heard that Ms Griffin did not like gravy so staff always ensured she always had plenty to drink.

Ms Kuckauskaik returned to check on Ms Griffin at 12.55 and found her pale and unresponsive, the inquest heard.

The emergency services were called and nurses performed CPR for 45 minutes. A doctor pronounced Ms Griffin dead at the scene. Gardaí attended the hospital and the Health Information and Quality Authority (HIQA) were informed of the incident.

Person in Charge, Tricia Joy, told the inquest that Ms Griffin underwent a procedure to have a lesion removed on the day before her death.

She said Ms Griffin underwent a full choking assessment on her return to the hospital. She was found to have a low risk of choking, the in- quest heard.

Ms Joy stated that reducing the risk of choking had been on the hospital’s agenda for the monthly quality, risk management and safety meeting since May 2012.

Ms Joy stated, “Significant changes involving the reallocation of staff have occurred to ensure that every communal room is supervised by at least two members of staff. Provisions have been made to ensure that residents assessed as being medium or high risk of choking are facilitated to eat in their room if they wish, under direct supervision of staff.”

A number of recommendations were made and implemented at the hospital following Ms Griffin’s death, the inquest heard.

These included the replacement of chicken fillets for chicken stew; mashing of vegetables using an electric mixer; full menu analysis; and the inclusion of a full choking risk assessment in every resident’s care plan.

Nurses are no longer allowed to leave the floor they are assigned to until every resident has completed their meal.

County Cororner Isobel O’Dea said she was happy that all safety procedures were carried as best as possible on the day. She returned a verdict of death by misadventure and expressed sympathy with the Griffin family. Insp John Galvin expressed sympathy on behalf of the gardaí to the family.

THE MYSTERY of the missing plaque commemorating three Ennis Republican Volunteers shot during the Civil War has been solved, as Ennis Town Council confirmed to the Clare People that it is “safely with a local community group.”

Republican Sinn Fein Clare plans to call for the reinstallation of the plaque on New Jail Road after its Easter memorial service this week- end.

According to a council spokesperson a local community group, who feared it would be damaged during the work, took down the plaque during the construction of the new road.

“It is still in safe keeping,” he said.

The town council plans to erect new signage on the New Jail Road next month and said it was happy to reinstate the plaque at that time, if the group wish them to do so.

The plaque remembers Patrick Mahoney (25), Christopher Quinn (21) and William Shaughnessy (18) who were executed on Station Road at the old gaol in 1923.

The three men will also be remembered at a memorial service on Easter Monday at the Republican plot in Drumcliff Cemetery at 3pm organised by Clare Republican Sinn Fein.

The group will also remember James Glynn who died on May 2 1934.

Wreaths will be laid afterwards by RSF Clare and the James Connolly Cummann.