Category: News

A TIPPERARY woman has been warned she faces a prison sentence if she wastes the time of the emergency services again.

Rachel Fogarty (21) with an address at Boher Road, Emly, Tippperary was charged with sending by means of a telecommunications systems, a message for the purpose of causing annoyance, inconvenience or needless anxiety to another.

A probation report in respect of Ms Fogarty was handed into Ennis District Court on Wednesday.

The incident took place on August 30 (2011) at a place unknown in the district area of Ennis District No. 12.

The court previously heard between 4.24am and 5.44am on the date in question, Ennis Garda Station received a total of eight 999 emergency calls.

Gardaí were requested to attend a house in Hermitage though it was not clear why they were directed to do so.

The court previously heard gardaí discovered that the calls were made by Ms. Fogarty.

Solicitor Tara Godfrey told the court that a psychologist has recommended that Ms Fogarty undergo a course of behavioural therapy. She said a court in Tipperary has adjourned her client’s case until completion of the course. She urged the court to consider placing Ms Fogarty on a nine-month period of probation.

Ms Godfrey said, “My client understands the gravity of the offence.”

Judge Patrick Durcan said that he takes a very serious view of people who make hoax telephone calls. He said such calls cause distress and waste an incredible amount of police time.

He said he fully accepted Ms Fogarty’s difficulties as outlined by the probation services and the psychologist.

Judge Durcan said that Ms Fogarty had been convicted of a similar offence in January 2011.

He said, “If she troubles me again with matters of this nature, I will consider a four month prison sentence.” He adjourned the case until September 18 (2013) and granted the State liberty to re-enter at 24 hours notice. Judge Durcan added, “This kind of behaviour will not be tolerated.”

THE Government has reneged on a promise to return almost quarter of a million euro to the people of Clare if they increased their payment of the controversial household charge.

The fall out has placed the county’s two Fine Gael TDs in the eye of a storm as they delivered the message from Minister for the Environment Phil Hogan just over a month ago that the cut to the county council’s Local Government Fund was a temporary measure.

In his address to councillors last August, Deputy Pat Breen (FG) said the loss of € 243,000 from the third quarter of the funding allocation would be returned to the council’s coffers.

“You will get back what is owed to you before the need of the year. I don’t think the council should worry about that,” he said.

His colleague Deputy Joe Carey said, “The money is not being cut. It is being withheld.”

“We don’t have to face the cuts if we get the allocation up to 70 to 75 per cent. I got that assurance from Phil Hogan,” he added.

On Friday the Department of the Environment, Heritage and Local Government confirmed the money would not be paid back to Clare County Council under any circumstances but as the county surpassed a 65 per cent payment rate it would not be further penalised during the last quarter of the year.

Deputy Carey told The Cla re People yesterday (Monday) that while the reduction is “disappointing” the overall allocation was € 10.8 million. “The reduction is two and a half per cent within the budget,” he said.

He added that reassurances given to the council by him and his colleagues was done in “good faith”.

“Notwithstanding that, at that meeting I said if Clare County Council got up to 75 per cent there would be a reimbursement, it is still only in the high 60s,” he said.

Since then he said the budgetary situation had changed.

Deputy Breen said he was disappointed, frustrated and angry.

“I am disappointed with the fact he assured us funding would be there and then I got informed that the department cannot deliver on promise,” he said.

He added that he “always tells the truth” and the information was given in “good faith”.

“The return of the household charge is not as good as it should be,” he added which impacted on the loss of the funding.

Asked if his relationship with Minister Hogan was now strained, he said he had a good relationship with all ministers and this was not a personal decision by the minister.

He added however, “I am going to have strong words with Minister Hogan.”

CLARE farmers will be allowed to be buried on their own property in the future, provided Clare County Council gives the burial the thumbs up. The Department of the Environment have confirmed they there is no longer any statutory legislation preventing a Clare landowner being laid to rest on their own land. However, each home burial will have to receive official permission from Clare County Council before a burial can legally take place. Kilnamona farmer Cllr James Breen (Ind) says he now intends to apply to Clare County Council for permission to be buried on his farm when he passes away.

“I’m delighted with the news from the department and I can’t see any reason now why a local authority should not allow a farmer or his family to be buried on his own land if that is what they wish. I think that this is something that a lot of people will opt for in the future,” said Cllr Breen.

“It is a wish of my own – I want to be buried on my own land when I go to my eternal reward. You see farmers who love their land and the next thing they die and they have to go maybe 20 or 30 miles away to be buried. If they could, I think a lot of them would want to be buried on their own land. I can’t see the floodgates opening up but I think if anyone wants to be buried on their own land they they should now be allowed.”

In an official letter from the Department of the Environment to Clare County Council, it was confirmed that once environmental matters such as water contamination were taken care of, the department had no objection to Clare County Council granting approval for home burials to take place.

“I’ve no intention of dying just yet but when the time comes I will be getting buried on my farm. I have 40 acres in Kilnamona and I have identified one field where I would like to be laid to rest. It is entirely up to the rest of my family then if they would like to join me there after that,” continued Cllr Breen.

“There is nothing more sacred than a mans own land. The birds, the bees, the foxes, the wildlife will run wild over it. It is a sacred place.”

AN ADDICTION treatment service has confirmed that a Kilrush man is on a waiting list for one of their treatment centres.

Cuan Mhuire had been ordered by a district court judge to supply a letter confirming that Martin Burke (30) had applied for a place on their residential treatment course at Bruree.

Mr Burke, with an address at 4 St Senan’s Terrace, Kilrush, has pleaded guilty to handling stolen property at John Street, Kilrush, on June 25.

Mr Burke has also admitted to damaging the side of a car at Convent Road, Kilrush, and stealing a handbag valued on April 29, 2012.

The accused also pleaded guilty to smashing a window of the Central Pharmacy on May 5.

Mr Burke also pleaded guilty to being intoxicated in a public place on the same night.

In June, Judge Durcan ordered that Mr Burke enter a treatment centre to deal with his alcohol and drug addiction problems.

Defence solicitor Fiona Hehir told the court that Cuan Mhuire had confirmed that there are 30 people ahead of her client on a waiting list for Bruree House.

She said it could be “some time” before Mr Burke is admitted. Judge Durcan remanded Mr Burke on continuing bail to appear in court again on November 14.

He also ordered that an up to date letter be provided on that date.

THE battle to prevent fracking, or hydraulic fracturing, taking place in Clare is back on following “extremely encouraging” results released by UK-based Enegi Oil last week. Preliminary studies carried out in the Doonbeg area have revealed the West Clare Basin has a higher degree of oil and gas than had been previously thought.

Share prices for Enegi Oil rose sharply following the release of the Doonbeg test results while a second company, Tamboran Resources, is now also understood to be looking at the possibility of fracking in the Clare Basin.

This has prompted an angry response from local anti-fracking campaigners who hosted a protests against fracking on Lahinch beach last week. Members of Clare Fracking Concerned, the West Clare Surf Club and members of the public came together to spell out their views to the Minister for Energy, Pat Rabbitte (LAB) and Enegi Oil last week.

“If fracking was to be allowed, it would threaten not only our drinking water but also the sheer beauty of West Clare. From Doonbeg to the Cliffs of Moher and beyond could be effected. Why risk any threat to all the natural beauty that already exists in Clare,” said Róisín Ní Gháirbhith of Clare Fracking Concerned.

“It would be detrimental to our environment but also and most important- ly our tourism industry. Who wants to visit Clare and see a big concrete slab the size of a football pitch every two kilometres all over the western part of the county? It could turn Clare into the ugliest county in Ireland instead of the most beautiful.”

Earlier this year, Clare County Council voted to change the County Development Plan to ban fracking from taking place in Clare.

The decision is largely meaningless, however, as the Minister for Energy, and not Clare County Council, is the planning authority for any large- scale energy projects such as the one proposed for the Clare Basin. The Clare People contacted Enegi Oil in relation to this article but no response was received at the time of going to press.

In a statement released by the company last week, chief executive Alan Minty said the latest results “strengthen our belief in the potential of the Clare Basin”.

CLARE organic food producers were recognised as being the very best in Ireland over the weekend with the Burren Smokehouse and St Tola’s goats cheese stealing the show at the National Organic Awards.

The Burren Smokehouse won the award for Ireland’s Best Organic Prepared Food for their smoked Irish salmon, while Inagh Farmhouse Cheese won second place and a “highly commended award” in the Organic Dairy Products section for St Tola Organic Goat Cheese Log.

Siobhán Ní Ghairbhith of Inagh Farmhouse Cheese was overjoyed with this year’s showing.

“We thrilled to receive this award. The Organic Dairy section is a growing market in Ireland with more and more excellent products becoming available to customers in supermarkets and online,” she said.

“There is a great deal more competition so we are delighted that we have held our own this year. It’s a great boost for all the team back in Inagh and reflects that hard work and high standards of the whole company.

“It is great that organic products are getting the recognition that they deserve and we thank Bord Bia for supporting organics in such trying economic times.”

The judging panel chaired by Ennis organic expert, Dr Oliver Moore, who was impressed by Clare’s strong showing in the competition.

“There was a real emphasis on hon- est, very good quality, affordable foods – foods for everyone and for everyday,” he said.

“What also heartened the judges was how some companies were clearly listening to feedback and improving their packaging as well as their product ranges, year on year.”

A DISTRICT court judge ordered the governor of Limerick Prison to appear before him to explain why a West Clare prisoner was not receiving treatment for drug addiction while serving his sentence.

Michael Sweeney, 15 Wood Road, Kilrush, was charged prior to Tuesday’s hearing of Kilrush District Court with stealing a mountain bike in April. The defendant, who is currently serving a three-year sentence, with 18 months suspended, for han- dling stolen goods, pleaded guilty to the charge.

In evidence to the court, Detective Garda Downes said that a red and white 24-gear mountain bike worth € 1,100 was stolen from a shed in Kilrush on April 13.

On April 17, gardaí repossessed the bike from a man who told them he purchased it from Mr Sweeney.

Mr Sweeney admitted to gardaí that he had the bike.

The court heard that the 24-yearold accused had a drug problem and it was the drugs that led him to theft.

“There is no treatment for drugs in prison but he will get it when he gets out,” his solicitor said.

When questioned by Judge Patrick Durkin, the prison officer accompanying Mr Sweeney said there was treatment available in Limerick Prison but Mr Sweeney was not receiving any. He did not know why.

The judge refused a report on the matter from the probation service.

“This country is struggling and gasping for breath because of reports and meetings,” he said.

He requested that the governor of Limerick Prison or a representative attend Ennis District Court the following day to explain why Mr Sweeney was not receiving treatment. “It is a complete travesty,” said Judge Durkin. “Once the matter is explained we can sentence.”

Assistant Governor Mark Kennedy appeared at Ennis District Court on Wednesday. Mr Kenendy told the court that Mr Sweeney had been seen by a medical team on his arrival at the prison. He said that on a scale of 1 to 12, Mr Sweeney had scored 3 for the amount of opiate in his body.

He said this was “very low”, similar to the amount of codeine found in a Nurofen tablet. Mr Kennedy said, “He wasn’t a chronic user of it (heroin).” He said Mr Sweeney would be receiving treatment for his addiction from Merchant’s Quay this week.

Defence solicitor Fiona Hehir said her client does need help at this stage of his life. Judge Durcan imposed a three-month prison sentence to run concurrent to his current sentence.

Judge Durcan wished Mr Sweeney the best of luck in fighting his addiction.

MORE sittings of Kilrush District Court are to be held to deal with the growing number of criminal cases coming before it.

Lengthening criminal lists have seen courts sit late into the evening and on at least one occasion as late as 8.50pm. District Court Judge Patrick Durkin said, “Two registrars have been brought out here (to Kilrush) due to the level of criminal cases.

“We are actively working to get you more (court) days,” he told the Garda Superintendent and officers of the court present.

“You don’t have enough court time here. We are looking at getting more time.”

He recalled how one night he left Kilrush court at 8.50pm and by the time he had driven as far as Ennis he was “cross eyed”.

He said it was difficult to be fresh for another sitting in just over 12 hours time.

Judge Durkin said he had also observed Inspector Tom Kennedy in Ennis having to deal with a heavy caseload, often prosecuting three days of court in a row.

He said, you cannot expect to go home late and then spend another two hours preparing for cases the following day.

Extra judges are already scheduled to come to the Clare jurisdiction for four days in October to allow for extra sittings, and to allow for longer cases to be heard, he explained.

The court services are also working to extend the court sitting days in Kilrush and Ennis on a more permanent basis, taking into account the number of courts that have been moved recently to Ennis.

THE Department of Health said no date has been set for the downgrading of the former Accident and Emergency Unit at Ennis General Hospital to a Local Injuries Unit, similar to that opened in Nenagh yesterday (Monday).

It added that any decision to make changes to the hospital would be subject to yet another report – the Smaller Hospital’s Framework Document.

Changes to the role of the County Clare hospital within the Mid Western hospital group are already been included in numerous reports such as HIQA’s report into safety at the Ennis hospital and the acute medi- cine programme.

All reports point to what the HSE say is now policy, the changing yet again of the role of the former A and E.

However the announcement last week of the changes due in Ennis, led to political unrest.

Fine Gael Clare deputies, Joe Carey and Pat Breen, said they received confirmation from the Minister for Health, James Reilly, that no final decision has been taken in relation to services at Ennis hospital.

“I wrote to Minister Reilly seeking clarification on a number of issues, following reports locally that changes were to be made at Ennis hospital. The Minister has assured me and Deputy Carey that final decisions will not be made in rela- tion to changes at Ennis before the publication of the Small Hospital’s Framework Document,” said Deputy Breen.

“I believe our focus needs to be on improving services in the mid-west region, in order to support patient care and ensure the services provided at both Ennis and Limerick hospitals complement each other. For example, upgrading ambulance services across the county will ensure people can be transported quickly and receive the treatment they need.”

Deputy Carey said, “The reality is, despite the claims being made by Timmy Dooley [Fianna Fáil TD], people with major traumas have been treated at Limerick Regional Hospital for the past three years, since Fianna Fáil downgraded services at Ennis. What we need to do now is push ahead with acute improvements at Limerick Regional Hospital together with the development and enhancement of current services at Ennis General and the provision of those which are proposed.”

In a joint statement the deputies said, “Our health services are going through a major period of change, and there will be huge challenges ahead. We cannot shy away from hard choices, but what we can do is demand patient care is not compromised.” The Clare People asked the Department of Health who would make the final decision on the role of the current Local Emergency Centre and former A and E – the HSE, the minister or the cabinet?

It said the change would be subject to a final decision made on foot of the publication of the Smaller Hospital’s Framework document.

“In advance of the publication of the Smaller Hospital’s Framework Document, final decisions have not been reached,” a spokeswoman said.

“The information provided by the HSE locally in Limerick (related to Ennis hospital) is informed by the categories articulated by the National Clinical Programmes and is also informed by exigencies related to standards required by HIQA. The response sets out respective relationships between three hospitals. It also adds that no date has been set for such changes,” she added.

A DISTRICT court judge showed his determination to have his court run efficiently and on time on Tuesday last when he issued up to eight bench warrants for people missing from the body of the court when their case was called.

Judge Patrick Durkin was also annoyed when one defendant who was resident in Limerick Prison was not taken to Kilrush in time for the 10.30am start.

“I don’t see why I should drive a considerable distance, up to three hours, and members of the Gardaí can’t be here on time,” he said.

Superintendent Gerry Wall reminded the judge that it was the prison service that was responsible for getting the prisoner to court on time in this case.

Those responsible for their own appearance were also chastised for their lethargic attitude.

One defendant was not present when the registrar called his name as he had according to his solicitor Patrick Moylan, “gone to sign on this morning”.

“Mr Moylan, I am hearing of fellas who are never in court when they are called but were there before and there after.

“If you are not at the station when the train comes you miss the train,” remarked Judge Durkin as the second bench warrant was issued.

A bench warrant was then issued for a defendant who was believed to be in the restroom at the time her case was called.

“There is no point being in the lavatory in the station when the train leaves,” said the judge.

Within 20 minutes of the court sitting four bench warrants were issued.

By lunch time the figure had more than doubled.

It later emerged that one of the defendants had gone home for a cup of tea.

Supt Wall told the court he agreed with the actions taken.

“I am in total support of what is going on his morning. We have to get some order,” he said.

In the afternoon four of the defendants came before the judge to explain their absence and had their bench warrants vacated.