Category: News

A MAN was allegedly assaulted with a slash hook during a fracas that broke out at a wedding in Ennis last year, a court has heard.

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).

None of the accused were present when the matters came before Ennis District Court on Wednesday.

Solicitor for all three accused, John Casey, told the court that he had received an email from the State advising that his clients stay away from the Courthouse for “security” reasons.

Inspector Tom Kennedy told the court that he had been in contact with the Courts Service regarding the matter. He explained that the accused’s presence had been excused for “operational” reasons.

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 at the Cathedral on October 11 (2012).

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.

Insp Kennedy said the Director of Public Prosecutions (DPP) had directed summary disposal of the assault charge against John Doherty.

Insp Kennedy said it would be alleged that Mr Doherty struck Mr McDonagh across the head with a slash hook.

He said Mr McDonagh received 18 stitches as a result of the alleged assault. Insp Kennedy told the court that the incident occurred during a wedding ceremony.

The court heard that it would be alleged that a fracas developed and spilled outside the Cathedral.

Judge Patrick 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 is to be referred back to the DPP. All three accused were remanded on bail to appear again at Ennis District Court on March 27.

A FAMILIAR face will return to Kilrush Town Council this evening (Tuesday), when Christy O’Malley (FF) is welcomed back to the council. The former mayor of Kilrush, who lost his seat in the 2009 election, has been seconded by the Fianna Fáil party to take the seat vacated following the death of the late Cllr Stephen O’Gorman (FF) last December. At a Fianna Fáil convention on Sunday evening in the Haven Arms, Kilrush, the retired Garda sergeant was returned unopposed to take the seat. Law student Emmet Greaney, a native of Kilrush and member of the local Cumann, had also been nominated, along with Mr O’Malley, to contest the appointment. He withdrew his nomination on the night, however, and the more experienced Fianna Fáil man was returned uncontested. The soon-to-be-reappointed Cllr O’Malley is no stranger to local politics. As well as serving on the town council, he was also chairman of the Kilrush Special Olympics Committee when Kilrush Town hosted the Georgia Republic in 2003. His party colleague, Cllr Tom Prendeville, said the former mayor took some persuading as he was convinced to return to local politics. “He brings with him so much experience and expertise. I always felt he brought common sense to the council table,” he said. Cllr Prendeville added that Mr O’Malley’s selection was met with a positive response from the community as it pointed to continuity within the council. Christy will take up his appointment this evening when the February meeting of the council begins at 7pm. He will take part in just 14 more monthly meetings before the council is disbanded in 2014.

TWO Kilrush brothers who beat a man with a golf club and stabbed him in the buttocks in the West Clare town two years ago have received prison sentences.

Daniel and Martin O’Brien were jailed last week for what a Judge described as a “concentrated effort” to assault the man at Place De Plouzone, Kilrush, in March 2011.

Daniel O’Brien (24) punched the man and stabbed him in the buttocks with a sharp object. Martin O’Brien (31) struck the victim four or five times with a golf club.

Ennis Circuit Criminal Court heard on Friday that the brothers assaulted the man over an alleged debt to Daniel O’Brien.

Daniel, with an address at The Square, Kilrush, and Martin, with an address at the Bungalow, Wood Road, Kilrush, initially denied the charge of assault causing harm at Place De Plouzone, Kilrush on March 1 (2011).

However the court heard that after the victim gave evidence at their trial in Ennis last October, the brothers changed their pleas to guilty.

The court heard that the man declined to give a victim impact report, indicating that he was satisfied with the evidence he had given.

Counsel for Daniel O’Brien, Brian McInerney BL, told the court that his client had been a chronic heroin addict at the time of the offence.

He said Mr O’Brien has since kicked his heroin habit and removed himself from the circle of people he had previously associated with.

Mr McInerney said his client, who is currently serving a prison sentence, has remained drug free while incarcerated.

He asked the court to consider suspending a portion of his client’s sentence.

Counsel for Martin O’Brien, Mark Nicholas, said his client had also been a drug user.

He said Mr O’Brien has since stablised his lifestyle.

Judge Gerard Keyes noted that Daniel has 23 previous convictions while Martin has 35 previous convictions.

He said the use of the golf club and sharp object showed the “viciousness” of the assault.

He said the man was “in essence beaten into submission.”

Judge Keyes added, “Neither of the two of you have shown remorse or offered an apology for your outra- geous behaviour.”

He said that on the evidence of Daniel O’Brien’s previous convictions, he had “displayed a violent temperament from an early age.”

Judge Keyes said Martin O’Brien had a propensity to violence.

He said that despite initially acting as peacemaker, Martin O’Brien turned violent and “viciously assaulted” the victim with a golf club.

Judge Keyes said he was satisfied the man had been seriously tramautised by the incident.

He sentenced Daniel O’Brien to three years in prison, suspending the final 14 months.

Judge Keyes sentenced Martin O’Brien to three years in prison, suspending the final 18 months.

Both men were also ordered to refrain from communicating with the victim.

TWO men who attempted to have an altered cheque lodged to a bank account in Ennis have received prison sentences.

Ondrej Pollak (23), with an address at 9A Dun na hInse, Ennis, and Peter Sivak (22), with an address at 311 Brookville, Drogheda, Louth, appeared before Ennis District Court last Wednesday.

They pleaded guilty to dishonestly by deception inducing a member of the bank’s staff to accept a fraudulently altered cheque in the amount of € 4800 to be paid to the Bank of Ireland held at Bank of Ireland, Bank Place, Ennis.

The incident occurred at Bank of Ireland, Dunleer, County Louth on May 24, 2012. Detective Garda Claire O’Shaughnessy said the cheque had been altered from its original amount of € 22.50 to € 4800.

The court heard that Ondrej Pollak supplied the account for which the altered cheque was intended while Peter Sivak lodged the cheque in Dunleer.

Both men claimed they had been approached by a man named Tony, to carry out the transaction.

Mr Pollak said Tony requested the use of the account as his own had expired. Mr Sivak said Tony asked him to lodge the cheque in Dunleer.

Both men told gardaí that Tony agreed to pay them each € 100.

Det O’Shaughnessy told the court that gardaí did not find anyone named Tony connected with the case. She said that the accused claimed Tony was either from South Africa or Nigeria. Bank of Ireland discovered the deception and contacted gardaí. No money was removed from the account. Solicitor for Mr Pollak, John Casey, told the court that his client has lived in Ireland since he was 11. He said CCTV captured Mr Pollak checking his balance at the Bank of Ireland after the deception had been uncovered.

Mr Casey added, “He was always going to get caught. It was his account, his address.”

Solicitor for Mr Sivak, Daragh Hassett told the court his client, a Czech National, has lived in Ireland since he was 13. He said the father of two was in difficult financial circumstances when he was approached by Tony.

Mr Hassett said it was indicative of his client’s amateurism that he had signed the bank lodgment slip with his own name.

Judge Patrick Durcan said the men were not hardened criminals. He said their story involved the introduction of a “most curious character named Tony.”He added, “I do not believe one word about the existence of Tony or the responsibility of Tony.” He said the men had engaged in “criminal thievery of the worst kind”.

Mr Sivak received a six month prison sentence. Mr Pollak also received a six-month sentence but had the final two months suspended. Reco gnaces were fixed in both cases in the event of appeals.

A NORTH Clare farmer who threatened to kill his brother has been urged to make peace with his family. Gus Howley (56), of Ballytigue, Lisdoonvarna, pleaded guilty to threatening to kill his brother at Larrakea, Kilfenora on November 8, (2012).

He also pleaded guilty at Ennis District Court on Wednesday to criminal damage of his brother’s car.

The Director of Public Prosecutions (DPP) directed summary disposal of the case. Judge Patrick Durcan accepted jurisdiction.

The court heard that Gus Howley called to a house where his brother Michael was working in a “fit of rage”. Garda Noel Carroll of Ennistymon Garda Station, told the court that Mr Howley smashed his brother’s car on his way to the site causing € 1500 worth of damage.

He said the accused brought a slash hook with him but broke it on the way to the site. Michael Howley was working on a scaffold and rang the gardaí because he feared for his life, the court heard.Garda Carroll said, “He (Gus Howley) ordered his brother to come out of the house, that he was going to kill him and if didn’t he was going to some day.”

Gus Howley told gardaí that was irate on the day because he had given his life savings of € 20,000 to his nephew and the money had not been repaid. He said the man had since moved to America. After hearing the evidence, Judge Patrick Durcan said slash hooks seem to be a popular weapon in Clare. “This seems to be slash hook county,” he added.

Judge Durcan said slash hooks were not readily available in his native Mayo. Inspector Tom Kennedy told the court that farmers in North Clare would have slash hooks on their farms. Defence solicitor Jim Finnegan said his client is extremely remorseful and regretful for the incident.

“A complete frustration built up when this money was taken from him by a cruel deception,” he added.

The court heard that gardaí are not investigating the circumstances in which Gus Howley gave the money to his nephew. Mr Finnegan said his client would try to re-pay the money within six months. Judge Durcan said he believed Gus Howley to be a man of excellent character, a hardworking man who feels he has been duped.

He added, “The fact that he is supported by his neighbours in court impressed me.” Judge Durcan said Mr Howley is guilty of a very serious offence but that he is not a criminal.

Garda Carroll told the court that the incident has “torn the family apart.”

Judge Durcan adjourned the case until March 13 to await the outcome of family negotiations.

He added, “Situations like this can go through a rural community and create a division.”

NEW charges have been brought against three people alleged to have been involved in a public order incident at a roundabout in Ennis last October. Christopher McDonagh (38), Bernard McDonagh Jnr (22) and a 16-year-old boy are alleged to have committed offences arising out of the incident at the Maid of Erin on October 14.

Bernard McDonagh Jnr (22), with an address at 1 Ashline, Kilrush Road, Ennis is charged with possession of an article with intent to cause injury and the production of an article in the course of a dispute.

The teenager, who cannot be named for legal reasons, is charged with possession of a hatchet with intent to cause injuries to John Doherty, Martin Doherty and Jimmy Doherty. He is also charged with the production of a hatchet. Christopher McDonagh, with an address at 1 Davitt Terrace, Cloughleigh, Ennis and Childers Road, Ennis, is charged with production of an iron bar and possession of an iron bar with intent to cause injury to John Doherty, Martin Doherty and Jimmy Doherty.

New charges of violent disorder were brought against all three accused at Ennis District Court on Wednesday. The court heard that in response to charge after caution, Christopher McDonagh said, “I’m very sorry for all of this.”

Inspector Tom Kennedy told the court that the Director of Public Prosecutions (DPP) has directed trial on indictment in respect of all three accused.

Solicitor Daragh Hassett applied to come off record for Christopher McDonagh. He told the court that Tara Godfrey is now representing Mr McDonagh. A book of evidence is also to be served on a fourth man charged in connection with the incident, the court heard.

Bernard McDonagh Snr (45), with an address at 1 Ashline, Kilrush Road, Ennis is charged with the assault of John Doherty.

He also faces three charges of criminal damage and one charge of dangerous driving. It is further alleged that Bernard McDonagh (45) drove a vehicle in a dangerous and reckless manner, which created substantial risk of death or serious harm to another.

Judge Patrick Durcan adjourned the cases until February 20 for service of the Books of Evidence.

A 62-YEAR-OLD man has appeared in court charged in connection with a public order incident at an Ennis estate last month.

Michael O’Neill with an address at 68B Abbeyville, Limerick Road, Ennis, appeared at Ennis District Court on Wednesday.

He is charged with the production of wheel brace capable of inflicting serious injury at Abbeyville on January 21 (2013). It is also alleged that Mr O’Neill did engage in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace at the same location and date. Sgt Mark Murphy of Ennis Garda Station gave evidence of arrest, charge and caution. Sgt Murphy outlined a summary of the alleged facts of the case. He said gardaí were called a number of times to a disturbance at Abbeyville at 1.20am.

He said it would be alleged that the accused came out of his house and started roaring obscenities at another man. Sgt Murphy said it would be alleged that Mr O’Neill took out an item from the boot of his car. Judge Patrick Durcan accepted jurisdiction. Defence solicitor Tara Godfrey told the court that her client is disputing the alleged facts of the case. Mr O’Neill was remanded on bail to appear again at Ennis District Court on March 13.

TWO men who attempted to have an altered cheque lodged to a bank account in Ennis have received prison sentences.

Ondrej Pollak (23), with an address at 9A Dun na hInse, Ennis, and Peter Sivak (22), with an address at 311 Brookville, Drogheda, Louth, appeared before Ennis District Court last Wednesday.

They pleaded guilty to dishonestly by deception inducing a member of the bank’s staff to accept a fraudulently altered cheque in the amount of € 4800 to be paid to the Bank of Ireland held at Bank of Ireland, Bank Place, Ennis.

The incident occurred at Bank of Ireland, Dunleer, County Louth on May 24, 2012. Detective Garda Claire O’Shaughnessy said the cheque had been altered from its original amount of € 22.50 to € 4800.

The court heard that Ondrej Pollak supplied the account for which the altered cheque was intended while Peter Sivak lodged the cheque in Dunleer.

Both men claimed they had been approached by a man named Tony, to carry out the transaction.

Mr Pollak said Tony requested the use of the account as his own had expired. Mr Sivak said Tony asked him to lodge the cheque in Dunleer.

Both men told gardaí that Tony agreed to pay them each € 100.

Det O’Shaughnessy told the court that gardaí did not find anyone named Tony connected with the case. She said that the accused claimed Tony was either from South Africa or Nigeria. Bank of Ireland discovered the deception and contacted gardaí. No money was removed from the account. Solicitor for Mr Pollak, John Casey, told the court that his client has lived in Ireland since he was 11. He said CCTV captured Mr Pollak checking his balance at the Bank of Ireland after the deception had been uncovered.

Mr Casey added, “He was always going to get caught. It was his account, his address.”

Solicitor for Mr Sivak, Daragh Hassett told the court his client, a Czech National, has lived in Ireland since he was 13. He said the father of two was in difficult financial circumstances when he was approached by Tony.

Mr Hassett said it was indicative of his client’s amateurism that he had signed the bank lodgment slip with his own name.

Judge Patrick Durcan said the men were not hardened criminals. He said their story involved the introduction of a “most curious character named Tony.”He added, “I do not believe one word about the existence of Tony or the responsibility of Tony.” He said the men had engaged in “criminal thievery of the worst kind”.

Mr Sivak received a six month prison sentence. Mr Pollak also received a six-month sentence but had the final two months suspended. Reco gnaces were fixed in both cases in the event of appeals.

REMOVING levies from all developments in the county would give Clare an advantage over other counties and improve the county coffers.

In proposing to rid the county of such development contributions, Cllr PJ Kelly (FF) believes this would encourage development within the county boundaries, and improve the rate takings of the local authority.

He told yesterday’s (Monday) meeting of the Kilrush area councillors that he had monitored seven applica- tions for planning for development before the council.

“If they went ahead we would have got planning levies back in terms of rates by now,” he said.

Such developments would also have lead to job creation and knock on benefits for the local economy.

The Lissycasey man requested that the county manager “draw up draft amendments to section 48 levies in order to exempt areas of West Clare, which are in population decline, from charges for industrial and commercial development”.

He later extended the proposal to include all of County Clare.

The Fianna Fáil councillor argued that such a move would give areas like Westbury a distinct advantage over Limerick City, would make areas of West Clare along the estuary more attractive to business than areas to the south in Kerry and such a move would also give Shannon Airport an advantage over Dublin.

Reviewing development contributions as an incentive mechanism was previously referenced in the Shannon Aviation Business Development Task Force Final Report.

“At the moment we have sterilisa- tion. No one is building in the county,” he said.

In his reply Senior Planner with Clare County Council Gordan Daly said that the Department of the Environment, Community and Local Government issued Draft Guidelines for Planning Authorities o Development Contribution in June 2012.

“This guidance is designed to assist planning authorities to achieve, through their development contribution schemes, a balance between cost recovery for services provided and the need to support economic activity,” he said.

“The council considers that there are a number of issues that require to be addressed on a county wide basis including issues previously raised at county council meetings.

“It would be prudent to await the final guidelines to be issued by the department before the council would initiate any processes to commence a formal statutory review of the current scheme,” he added.

Cllr Kelly argued that these were merely guidelines and any decision in this respect would be made by the county manager and the council members.

THE group charged with developing tourism in the west of the county is in limbo, as Shannon Development personnel try to find their new role in tourism, and the county council awaits news if the State body is still to take part of the West Clare Economic Task Force.

At yesterday’s (Monday) meeting of the West Clare area councillors, acting senior engineer Cyril Feeney said the area’s marketing officer had written to the body and other inter- ested groups in a bid to regroup for the coming tourism season.

“There doesn’t seem to be an appetite currently for this,” he said, adding that some organisations are involved in amalgamations and restructuring and have not replied.

“But leaving us in limbo is no good to us or ye,” he said.

The West Clare Economic Task Force is in place since 2009, and was drawn up to encourage economic and tourism development in the West Clare region.

It is made up of the council, Shannon Development and other inter- ested tourism bodies.

“I am very disappointed that the agency hasn’t come back. I think a lot of work was done up until now,” said Cllr Pat Keane (FF).

Although not all members of the Kilrush area were as convinced of the vital role the task force had played to date in developing the west.

Cllr PJ Kelly (FF) said, “The task force has been in operation over three years and not one job has been created. We would be deluded to think we have created jobs.”

The Lissycasey man argued that the Loophead Lighthouse project, and the jobs and spin-off jobs it created was the work of Cllr Gabriel Keating (FG) who made it one of his pre-election pledges.

Cllrs Christy Curtin (Ind) and Cllr Keane disagreed with Cllr Kelly, and asked that the report on the work of the task force be made public.