Category: News

A NUMBER of prominent environmental organisations came together last week to question the public consultation process being undertaken in relation to a giant Bord Iascaigh Mhara (BIM) fish farm planned for six miles off the Fanore coast.

An Taisce, Coastwatch, the Irish Seal Sanctuary and the Irish Wildlife Trust released a joint statement last week in which they requested that all consultation documents related to the project be made public.

The controvertial fish farm has seen the creation of a rift between the two government fisheries agencies with BIM and Inland Fisheries Ireland (IFI) taking opposing position over the development.

The situation took a dramatic turn last week when BIM released the finding of a Irish Marine Institute study, which claimed that sea lice created by the farm would not cause any significant difference to the local wild salmon population.

IFI struck back in recent days, claiming the 1 per cent threat to wild salmon stocks predicted in the Marine Institute study could be the “tipping point” for wild salmon stocks.

“We welcome the fact that there is now a clear acceptance of the negative impact of sea lice on juvenile salmon and the debate can now progress to identify the best methodologies to reduce or eliminate this impact. IFI would also like to see similar progress in relation to the issue of escaped farmed salmon,” said an IFI spokesperson.

“In recent years approximately five per cent of all juvenile salmon going to sea return back to their native rivers as adults to spawn. Precisely because natural mortality rates of salmon are high, even a proportionally small additional mortality from sea lice can amount to a large loss in salmon returning.

“To put this average of 1 per cent reduction in return rates, as reported by the Marine Institute, in context, if 3,000 salmon return to a river, and this represents a five per cent return rate, a reduction in the return rate to four per cent translates into a reduction of 20 per cent of the adult salmon – 600 fewer fish returning.”

CLARE has one of the highest rates of sheep kills by dogs in Ireland, according to new figures released by the Irish Farmers Association (IFA). Figures compiled by the IFA reveal that Clare recorded the sixth highest number of sheep kills in Ireland last year, despite having a relatively low sheep stock compared to other counties.

According to Clare Dog Warden, Frankie Coote, the number of sheep kills recorded by the IFA is only the tip of the iceberg as most kills are never reported. “There would be an awful lot more attacks than that in Clare. That is only the number reported to the IFA. The real number is likely to be much much higher.

“Just four years ago we had 42 sheep killed by two dogs in one night down in Shannonbanks. That was € 5, 500 worth of damage in one night. We were lucky enough to catch the own- ers in that case and they had to pay for the damage done. The dog owner is always liable in that situation.”

Frankie also urged dog owners to be sure that their animals are secured properly over the lambing season – even if there are no sheep flocks nearby and your dog does not have a history of violence.

“Lambs have been born all over place in the last two weeks and it is inevitable that dogs will attack sheep. Dogs will travel; if they hear sheep far off in the distance they will travel to find them,” continued Frankie.

“Dogs will come out of towns, out of villages, out of housing estates and look for sheep, but also from farm houses. The law states that dogs must be on their own property and secure.

“All dogs will attack sheep, given the opportunity. Everybody thinks that their own dog won’t attack a sheep but the reality is that 95 per cent of dogs will. Dogs gather in packs and the wildness come out with them.”

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.

THE brother of a man whose body was concealed for 19 days in an Ennis apartment yesterday strongly critcised a decision to impose a suspended sentence on a man convicted of making a false statement to gardaí.

Ian Hassett, whose brother Frank Hassett went missing in June 2011, described the verdict handed down to Bernard Flaherty as a “fucking joke” after it was heard in Ennis Circuit Criminal Court.

Bernard Flaherty (38), with an address at 3 Lifford Lodge, had previously pleaded guilty to a charge of making a false statement to gardaí on June 24 , 2011.

Last December the Court heard how Mr Flaherty wrapped the body of Frank Hassett in plastic and placed him in the shower after he died in Mr Flaherty’s apartment at 3 Lifford Lodge sometime between the hours of June 14 and 15, 2011.

A post morten, the court heard, did not establish a cause of death.

Mr Hassett (25) had been reported missing to gardaí in Ennis by his family on June 20, 2011.

Imposing a three-year suspended sentence, Judge Carroll Moran said he had never come across a sentence like it in his 15 years as judge.

Judge Moran said, “This is a most unusual case, this was extraordinary behaviour from the accused, indicative of a highly dysfunctional attitude rather than a criminal propensity.”

Immediately after the verdict was heard, Ian Hassett, who was standing in court, said, “This is a fucking joke.” Mr Hassett left the court after speaking.

Judge Moran responding by asking who made the statement. He added, “I wish people who said that would come up here and do my job, send people to prison and see how easy it is.”

The court heard how Mr Hassett’s disappearance sparked a major garda investigation in Ennis.

Gardaí interviewed 40 people and took 17 statements. Up to 14 gardaí were involved in the search while 50 hours of CCTV footage were viewed. In total, the court heard, 837 hours of Garda time were spent on the investigation.

Members of the Hassett family and local civil defence volounteers also conducted numerous searches of the River Fergus. Judge Moran said, “This was a major police operation.”

Gardaí called to Mr Flaherty’s apartment on June 24.

He requested that the interview take place at the Garda station. Summing up the case, Judge Moran said Mr Flaherty told gardaí he last saw Mr Hassett at 8.10pm outside MT Pocket’s Pub, Lifford, on June 14.

The court heard that gardaí found no evidence to corroborate the accused’s version of events. Gardaí revisited 3 Lifford Lodge on July 3. At this point, the court heard, Mr Flaherty started to cry and told gardaí that Mr Hassett’s body had been in his apartment for 19 days. Dental records and a tattoo on his body were used to identify Mr Hassett.

Mr Flaherty told gardaí that Mr Hassett called to his house on the night of June 14 looking for some place to stay.

The court heard they took anti-depressant and anti-anxiety prescribed medication and smoked cannabis.

The court heard Mr Flaherty said he went to the post office the next morning. He told gardaí when he returned home, he found the deceased “blue and cold”.

He brought Mr Hassett to the shower and tried to revive him with hot water, the court heard. When this failed, the court heard, Mr Flaherty wrapped the body in plastic and left him the shower.

Counsel for Mr Flaherty, Michael Collins BL, said the accused had led a chaotic lifestyle.

A report from a consultant psychiatrist handed into court stated that Mr Flaherty does not suffer from a psychological disorder but that his problems stem from a long-standing poly-substance abuse and dependence. Judge Moran offered his sympathies to the Hassett family.

He said, “They had to suffer the trauma of losing him (Frank Hassett) and subsequently what happened afterwards.”

Judge Moran added, “They were robbed of an opportunity to say goodbye to him.”

Judge Moran said the facts in the case were unique.

He said the wasting of a police time was an aggravating factor in the case. He imposed a three year suspended sentence. Tue05February13

HUNDREDS of Clare people living in rural areas have paid out up to € 1,000 for percolation tests that they didn’t need, according to a North Clare civil engineer.

Kilfenora engineer Michael Duffy has succeeded in a judicial review against the panel system operated by Sligo County Council and 14 other local authorities in Ireland, including Clare.

As part of the review, which was heard before Justice Paul Cooke on January 21 last, Mr Duffy argued that the panel system was an illegal system while also arguing that there was no requirement under planning law for a percolation test to be carried out as part of the planning process.

Since 2004, Clare County Council has operated a panel system which requires members of the public to pay between € 600 and € 1,000 for a percolation test to be carried out by an engineer on a panel chosen by the local authority itself.

“Waste water treatment is a very important issue for everybody. I think that now [following the judgement] it is up to the Minister for the Environment to state in the planning acts and the associated legislation what the requirement is regarding who can carry out this type of work,” said Mr Duffy.

“Regarding the need for the tests in the first place, I said to the judge that all that was required under the legislation is a soil sample and a plan – so if someone presents themselves at Clare County Council with a brochure and a bucket of dirt, that is all that is needed to meet the legal criteria.

“All engineers have professional indemnity insurance. If a professional engineer certifies that he or she has assessed the site and has come up with a system where the waste water can be treated according to the regulation then that should be enough for any planning authority.

“If it turns out that that system has not been installed correctly then that engineer’s insurance should cover the situation. Then a system would develop where people could choose the best engineers and avoid the worst one, in the same way that they would while choosing a garage for their car.”

While this judgement refers specifically to Sligo County Council, it is also expected to have repercussions on the panel system in all local authorities who use it. Mr Duffy has written to the Minister for the Environment, Phil Hogan (FG), informing him of the judgement and its possible implications.

A spokesperson from Clare County Council told The Clare People yesterday that they are waiting for direction from the Department of the Environment and cannot comment on the implications of the judgement at this time.

“The Council has become aware of this case in recent days and that a judgement has recently been given by the High Court. The judgement applies to Sligo County Council. We understand that Sligo County Council is referring the judgement for consideration at national level,” said the spokesperson.

“Clare County Council along with all other local authorities await the outcomes in this regard which will apply to all local authorities. We are also awaiting a copy of the actual judgement to see what matters have been dealt with and to ascertain. Any appropriate advice will also be obtained from the County Solicitor as the need arises.”