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Judge takes into account solicitor’s comments

A MAN who damaged an ambulance and insulted paramedics near Ennis General Hospital has received a suspended six-month prison sentence.

Paul Daly (50) was convicted of a breach of the peace and two counts of criminal damage in April.

The charges relate to an incident that occurred near Ennis General Hospital on Sandfield Road in Ennis on October 23 (2011). Mr Daly contested the charges.

The court previously heard that Mr Daly, with an address at 41 Sandfield Centre, Ennis kicked and banged an ambulance and another vehicle belonging to the Health Services Executive (HSE).

Medical personnel gave evidence of Mr Daly behaving in an aggressive manner towards a paramedic.

The disturbances occurred as emergency services responded to an urgent call of a person who was lying on Sandfield Road.

Mr Daly previously told the court that he had been frustrated by noise levels generated from construction work that had been ongoing at the hospital at the time.

A total of € 1100 worth of damage was caused to the HSE jeep while € 500 euros of damage was caused to the ambulance in the incident.

A report from the Probation Services was handed into Ennis District Court on Wednesday.

Defence solicitor Daragh Hassett described Mr Daly as a “complex individual” who had problems with alcohol. Mr Hassett said he had concerns over his client’s mental health. He added, “I think this man needs assistance.”

Mr Hassett told the court that Mr Daly has not been in any further trouble since the incident.

During proceedings, Mr Daly attempted to address Judge Patrick Durcan directly, at one point saying, “You call people in here to justify their actions and you don’t justify yours. It’s a two way street.”

Mr Hassett said that Mr Daly, who is originally from Dublin, holds “certain views”.

He added, “I don’t think he’s suitable for prison.”

Judge Durcan imposed a fine of € 250 and two consecutive three month prison sentences.

By virtue of Mr Daly’s circumstances and Mr Hassett’s comments on his behalf, Judge Durcan said he was suspending the sentences for a period of 12 months.

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Septic tank registration doubles

THE number of Clare homes that have registered their septic tanks has doubled over the past week as the deadline for the reduced € 5 registration charged passed on Friday.

According to figures obtained from the Local Government Management Agency yesterday, a total of 7,603 septic tanks have now been registered in Clare. This is an increase of more than 100 per cent, 3,534 of which had been registered in the county on the same day last week.

In addition to the 7,603 online registrations, the Local Government Management Agency found that there are an estimated 70,000 registration forms which have been processed at local authority offices around the country and have yet to be added to the current figure.

When processed, these registrations could bump up the numbers signed in Clare by more than 2,000 and bring overall registration close to the 10,000 mark.

It is still unclear exactly how many septic tanks currently exist in Clare. Last year, the former Director of Services, David Timlin, put the number at close to 19,000. However, more recent research has estimated that there could be as many as 31,000 septic tanks in the county, with 11,700 in the River Fergus catchment area, 8,400 in the West and North Clare area, 7,600 in the Lough Derg area and 3,400 in South Clare.

The registration fee for the septic tanks had been set at € 5 by the Minister for Environment, Phil Hogan (FG), until last Friday, September 28. Anyone who wises to register their septic tank from now on will have to pay € 50 and homeowners could also face a fine of € 5,000 if they fail to register their tank before February 1, 2013.

Clare currently has one of the highest registration rates in the country with only Wexford, Galway, Meath and Mayo reporting more registered septic tanks.

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Prison term for late night break-in at landmark Ennis pub

A SLOVAKIAN man has received 10-month prison sentence for his role in the break in of a well-known family run pub in Ennis earlier this year.

Alcohol valued at € 545 and € 500 cash were stolen from Brogan’s Bar and Restaurant on O’Connell Street during a break-in in the early hours of May 28.

€ 300 worth of damage was also caused to a wooden door during the incident. At Ennis District Court on Friday, Milan Rac (21), with an address at 3 Hazelmore, Clonroadmore, Ennis, pleaded guilty to charges of theft and criminal damage.

Inspector Tom Kennedy told the court that the pub as entered at around 3am.

He said the rear door was forced open and money was taken from the till along with seven bottles of spirits.

CCTV footage subsequently identified Mr Rac as one of the people who entered the premises.

The court heard that no compensa- tion has been paid to the owners.

Solicitor Tara Godfrey said her client has received very little family support since moving to Ireland.

She told the court that Mr Rac was in the company of other individuals when the break in occurred.

She said Mr Rac had told her he only received € 30 or € 40 from what was taken on the night.

Ms Godfrey requested that the court consider a suspended sentence or engagement with the probation services.

She added, “This is a young man who needs some help or support.”

Judge Patrick Durcan said Mr Rac had been convicted of drink driving 10 weeks before he “embarked on the commission of this appalling criminal activity.”

He said that at a time when the pub trade is under pressure because of the recession, the break in at Brogan’s represented “an assault on the viability of Ennis as a town.”

Judge Durcan added that the owners of the pub had the right to expect that their premises would not be broken into and ransacked.

He said such crimes can lead to families and staff no longer feeling safe.

He continued, “If we continue to allow people to break in at three in the morning, then it will not be long before they break in at three in the afternoon.”

Noting the accused’s previous convictions for burglary, Judge Durcan imposed sentences of six months and four months to be served consecutively.

Recognances were fixed in the event of an appeal.

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Clare key to WWII German invasion plans

A NUMBER of strategic sites in Clare were identified as being key to Nazi Germany’s plan to invade and occupy neutral Ireland during World War II, a new top-secret dossier has revealed this week.

The document, which went under the hammer at an auction in England last Thursday for € 2,961 – almost four times the reserve price – was compiled by Nazi spies in Ireland and graphically illustrates that Clare would have been given a crucial part to play in any German war effort conducted from Ireland.

In all, seven Clare sites were singled out by Nazi intelligence as having a role to play in German’s invasion plans in a document that clearly showed that neutral Ireland and the constituency of Taoiseach Eamon de Valera was viewed of strategic importance by the fascist regime.

The detailed document, which includes maps and analysis of the Irish countryside compiled by Nazi spies, shows how under Operation Green/ Sealion, Hitler planned to overthrow the State and turn it into one of six regional hubs for Britain and Ireland.

Ardnacrusha Power Station – which had been constructed by the pride of German engineering, SiemensSchuckert in the 1920s, at the cost of £5.2m, and at that time the biggest hydro-electrical plant in Europe – was circled as being a vital component in the German rule in Ireland. Other key Clare sites included former capital of Ireland Killaloe, probably because of Lough Derg’s potential to cater for flyingboats, while the key coastal areas targetted by the Nazi regime were the Cliffs of Moher and Blackhead/Ballvaughan area. The document entitled Militärgeographische Angaben über Irland contains detailed maps and postcards, with a number of images of Ardnacrusha highlighting it importance to the state. These key places were numbered by military officials before being plotted on a series of eight fold-out maps, which would have been used during ‘Operation Sealion’. However, on September 17, 1940, Hitler was forced to scrap Operation Sealion because of the Luftwaffe’s failure to gain air supremacy over England during the Battle of Britain. The Nazi offensive never took place after the German defeat in the skies, but experts believe the book reveals what could have happened if the Nazi’s had conquered Britain.

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‘Twenty nine gardaí stop three separate melees’

THREE people have appeared in court charged in connection with a series of disturbances at Ennis Courthouse last week.

The court was interrupted on three separate occasions last Tuesday as 29 gardaí were forced to intervene in confrontations between two families in the foyer of the courthouse.

Three people – Darren Maughan (21), Nora Maughan (24), Patrick Maughan (32) – all with address at 20 Stonecourt, Drumbiggle, Ennis, initially appeared in court on Tuesday charged in connection with the events.

Darren Maughan and Nora Maughan are both charged with assault and provoking a breach of the peace. Patrick Maughan was charged with provoking a breach of the peace.

At Ennis District Court on Friday, Patrick Maughan pleaded guilty to the public order charge. Inspector Tom Kennedy told the court that he was concerned about letting Patrick Maughan’s case go ahead.

He said it would be preferable if all the cases were heard at the same time.

Insp Kennedy said there were indications that more people could be charged in connection with the disturbances.

Solicitor William Cahir said his client had become involved to try and break up the fracas.

He said Mr Maughan, who now lives in Limerick, has not been involved in feud related matters. Judge Patrick Durcan directed that the case proceed. Insp Kennedy said he accepted Mr Maughan’s plea.

He told the court that Patrick Maughan was one of the parties involved in the disturbances at the courthouse on Tuesday. Insp Kennedy said it was accepted that Patrick Maughan was not one of the instigators of the trouble. The court heard Patrick Maughan has 40 previous convictions.

Mr Cahir said his client, who now lives in Limerick, had problems with alcohol but is now clean and sober. Mr Cahir added;

“He apologises to the gardaí and the court for what happened.” He said Patrick Maughan had attempted to extricate his brother from the al- tercation. Mr Cahir said his client would be suitable for community service.

Judge Patrick Durcan said the business of the court had been greatly disturbed on Tuesday.

He said, “Twenty nine members of the gardaí on three occasions had to leave at speed and stop a melee that was audibly evident.”

He said it was “irrelevant” that Patrick Maughan was not the instigator.

Judge Durcan said, “I found it very difficult to make proper judgments and decisions on anything.”

Noting Mr Maughan’s apology, guilty plea and circumstances, Judge Durcan imposed a one-month prison sentence. Recognances were fixed in the event of an appeal.

He said, “This kind of behaviour around courthouses will not be tolerated.”

Darren Maughan was remanded in custody to appear again at Ennis District Court on October 17. Nora Maughan was remanded on continuing bail to appear again at Ennis District Court on October 17.

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Shannon not vital to Nazis

DESPITE the fact that Shannon was up and running by the start of World War II, having had its historic first landing in May 1938 when an Army Air Force Avro Anson Bomber touched down in Rineanna, it seems that the new airport wasn’t considered of strategic importance to Germany.

That’s according to the top-secret Militärgeographische Angaben über Irland document, which identified key strategic sites in the county to play a part post-German invasion of Ireland and its subsequent occupation.

Across the estuary, Foynes port, a transatlantic flyingboat base, was one of the sites mapped, but Shannon wasn’t considered to be vital to German plans in Ireland. This is despite the fact that less than two months after Operation Sealion was abandoned by the German high command, the fledging airport was plunged into the centre of a diplomatic incident that could have conceivably sparked a British invasion of Ireland.

The incident occurred on December 19, 1940, when German Ambassador to Ireland, Edward Hempel, informed Eamon de Valera’s government that a Lufthansa plane would be landing at Shannon carrying extra diplomatic staff for the German Le- gation in Dublin.

Any move by Mr de Valera to refuse permission to Germany to increase its staff would have compromised Ireland’s neutrality, while giving the green light for a German landing at Shannon had the potential of provoking a British invasion of Ireland.

In the end, Mr de Valera agreed to Germany’s request, but insisted that the Germans could only come to Ireland by a normal commercial air route and that if they landed in any other way they would be arrested.

Ambassador Hempel agreed to this stipulation before it was realised that all commercial plans from Europe were required to land in Britain, which would have resulted in the immediate arrest of the German officials.

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‘Man discovered pushing shopping trolleys through Ennis at 2.15am’

GARDAÍ encountered a man pushing 11 shopping trolleys up the middle of a road in Ennis at 2.15am, a court has heard.

The incidents occurred at Friar’s Walk, Ennis on September 9 (2012). Gardaí were called to the area following reports of a man interfering with shopping trolleys near Dunnes Stores.

At Ennis District Court on Wednesday, David Darcy, with an address at Reaskaun, Larchill, Ennis, pleaded guilty to engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace.

Inspector Michael Gallagher told the court that when gardaí arrived at the scene, Mr Darcy was pushing a line of trolleys up the middle of the road.

Mr Darcy refused to stop when asked to do so. Insp Gallagher said the accused threatened one of the gardaí, saying he would “put him down”.

The court heard Mr Darcy has 15 previous convictions.

Solicitor John Casey told the court Mr Darcy had been out drinking on the night after his application to join the British Army had been refused.

Mr Casey explained that his client had trained hard in order to be accepted into the British Army.

He said Mr Darcy, who previously worked as a mechanic, was very dis- appointed when his application was turned down.

Mr Casey added, “He wanted to get away from Ennis and from the crowd he was hanging around with.”

Of his client’s behaviour on the night, Mr Casey said;

“It was stupidity.

“It wasn’t like it was even an act of bravado where Mr Darcy was showing of to a crowd. He was pushing them (trolleys) in front of him like a train.”

The court heard that Mr Darcy had previously received a 14-day prison sentence that was suspended for two years.

Judge Patrick Durcan adjourned the case until this Wednesday (October 3) for sentencing.

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Farmers to down tools in protest

THE land will go quite in the Banner County next Tuesday as 6,500 Clare farmers down tools in an unprecedented strike day being organised by the IFA. The action is being organised to highlight the threats currently against the Single Farm Payment, the decreasing margins offered by super- markets and the loss of other government schemes for farmers. The Single Farm Payment currently bring in € 49 million to the Clare economy each year. This money is a vital lifeline for local communities as most of it is reinvested in the local community. “We are asking farmers not to let any produce off their farm on that day. This means that farmers would not go to the mart at that day, that milk would not to the creamery, that sort of thing,” said Andrew Dundas, Chairperson of the IFA in Clare. “This is easy enough for the 600 or so milk producers in Clare, because of the time of the year that’s in it, but the marts are in to their busiest time now. So it is probably harder on marts and the 6,000 suckler farmers to come on board. “This is about sending a message to government and the shops. There are marts scheduled to take place on that day so this is, unfortunately, going to inconvenience some people. “We have been getting a great response in Clare. Farmers see the necessity of it – we all know the importance of the Single Farm Payment. Very very few farmers in Clare would be able to farm without it. It is the pretty much the total income taken in by most farmers in Clare. “That money is spent in the local shop and is a very important aspect to farming in Clare and really all rural live in Clare.”

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Deputies absent as ‘promises’ are broken

FINE Gael deputies Pat Breen and Joe Carey were nowhere to be seen at yesterday’s emergency meeting of Clare County Council where councillors and officials discussed ways to cut the € 243,000 hole which has emerged in the council’s budget.

The Fine Gael deputies were accused of being sold a pup by the Minister for the Environment, Phil Hogan (FG) – a pup that could result in drastic cuts to services in Clare over the next three months.

Deputies Breen and Carey assured members of Clare County Council at a meeting earlier this year that the € 243,000 deducted from the council’s budget, because of the low payment rates of the household tax, would be refunded if the rate in Clare reached 65 per cent.

With the collection rate in Clare currently standing at 68 per cent, the Department of the Environment is sued a circular last week stating that the money would not be refunded.

Deputies Breen and Carey, Sena- tors Tony Mulcahy (FG) and Martin Conway (FG) as well as Labour Deputy Michael McNamara all sent their apologies to the meeting, with only Fianna Fáil’s Timmy Dooley in attendance.

“When these promises were made, I rang the Department of the Environment the very next day and they hadn’t heard about it. It was just a yarn passed down to Deputy Breen and Deputy Carey to fool the people of Clare,” said Cllr James Breen (IND).

“I challenged Deputy Carey and Deputy Breen to clarify the position. I asked the [County Manager] Tom Coughlan to clarify with the Department if this arrangement was ever made. I don’t believe that it was.”

Cllr Patricia McCarthy (Ind) accused the Minister for the Environment of using the issue as a way of cutting budgets by the back door.

“We have a problem. It is clear that whatever promises were made, there was no foundation for it. I am finding it extremely difficult not to believe that the Department and the Department’s head [Phil Hogan] haven’t pulled a fast one in relation to this,” she said.

The council adopted a proposal to allow the Fine Gael deputies another week to secure a meeting with Minister Hogan before immediate cuts to services were introduced.

A motion put forward by the Fine Gael councillors to ask for the full refund from the Department of the Environment should Clare reach a 75 per cent sign-up rate for the household charge was defeated by nine votes to 13.

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Investigations launched after fatal electrocution

THREE separate investigations have been launched following the electrocution of a man in North Clare last week. The man, who has been identified as 58-year-old father of four, Johnny Geraghty, from Loughrea, died when the pole he had been helping to erect came into contact with overhead power cables.

Mr Geraghty was working as a contractor for ESB Networks when the accident took place. It is understood that he and another man were erecting a pole to carry power to a new house in the area.

The tragedy took place just after 12.30pm last Monday, September 24, at Ballybornagh, in Boston. The men had dug a hole for the timber pole and, while the JCB operator was lifting it into place, the pole touched overhead wires carrying 10,000 volts.

It is believed the victim may have been holding on to a metal stay wire when the accident took place. He was pronounced dead at the scene and a priest performed the last rites over the body before it was removed to the Mid Western Regional Hospital in Limerick for a postmortem examination.

The JCB driver was taken by ambulance to University Hospital Galway after being left deeply traumatised by the tragedy. The area was sealed off while a Garda forensic team from Ennis carried out an examination of the scene.

Two units of the Gort Fire Brigade, an ambulance from Galway and a local doctor attended the incident while a number of engineers and officials from ESB Networks also travelled to the scene.

Separate investigations into the incident have been launched by the Health and Safety Authority, ESB Networks and local gardaí. Gardaí in Ennis will forward a report on the incident to the County Coroner who will host an inquest.

Mr Geraghty was laid to rest at the Leitrim New Cemetery in Loughrea last Thursday. He is survived by his wife Phyllis, three daughters and one son. Mr Geraghty had worked as a contractor with ESB Networks for many years and was also a part-time farmer.