Category: News

A MAN and a woman charged with the neglect and ill treatment of seven children have been returned for trial.

The two appeared at Ennis District Court on Wednesday. In separate charges, it is alleged that the man and woman did willfully assault, ill-treat, neglect, abandon a child in a manner likely to cause unnecessary suffering or injury to the child’s health or seriously affect their well being, contrary to Section 256 of the Children’s Act.

The woman is facing eight charges of neglect. The man is facing six charges of neglect and two charges of sexual assault.

The alleged offences took place on dates unknown between March 2001 and July 2010. The charges relate to seven children.

The man and woman, who cannot be named for legal reasons, both have addresses in Clare. Inspector John Galvin requested an amend- ment concerning the wording of two charge sheets in relation to the man.

Defence solicitor John Casey consented to the amendments. Garda Irene O’Flynn of Ennis Garda Station gave evidence of having served the books of evidence on both co-accused.

Insp Galvin said the Director of Public Prosecutions (DPP) had consented for both persons to be returned for trial to the next sittings of Ennis Circuit Criminal Court on October 16.

Legal aid was granted for Mr Casey, one junior counsel and one senior counsel. Mr Casey said, “They are very serious charges.”

Mr Casey requested a change in his client’s bail conditions to allow him to meet two of his sons.

Insp Galvin said he had “reservations considering the nature of the charges.”

Judge Durcan refused the application. The man was remanded on continuing bail, on the same terms heretofore, to appear at the next sitting of Ennis Circuit Criminal Court.

Solicitor for the woman, Tara Godfrey, requested that the court impose reporting restrictions. Judge Durcan said reporting restrictions had previously been imposed.

He said the restrictions would continue to apply. Legal aid was approved for Ms Godfrey and one junior counsel.

The woman was remanded on continuing bail to appear again at the next sittings of Ennis Circuit Criminal Court.

A LIMERICK man, who stole a television and games console from a hotel in Lahinch and then promptly returned them, has been ordered to make a contribution to the court poor box.

Christopher Murphy (41) was told by a judge that he had engaged in “bizarre” behaviour in the seaside town last year.

At Ennis District Court on Wednesday Mr Murphy, with an address at 2 Sheelin Drive, Caherdavin, Limerick, pleaded guilty to stealing a Black Phillips flat screen TV valued at € 500 and a Nintendo Wii valued at € 200 from the West Coast Lodge, Lahinch, on November 26, 2011.

Inspector John Galvin said the Director of Public Prosecutions (DPP) had directed summary disposal of the case. Judge Patrick Durcan accepted jurisdiction.

Insp Galvin told the court that the manager of the hotel contacted gardaí alleging that the accused had taken the television and games console from the hotel. The court heard that Mr Murphy had checked into the hotel under the name John Ryan.

Insp Galvin said Mr Murphy drove back to the hotel a few hours later and returned the property.

Mr Murphy admitted to gardaí that he had taken the property.

Defence solicitor Daragh Hassett said his client had been staying in the hotel with his partner.

He said Mr Murphy didn’t know why he stole the items.

“It was a spur of the moment thing,” he added.

Mr Hassett told the court that Mr Murphy had become involved in a “show of bravado” with another guest, after which he drove of with the television and the Wii.

Inspector John Galvin described the sequence of events as “very unusual”. Judge Patrick Durcan said, “This was bizarre behaviour.” He ordered Mr Murphy to pay € 250 to the court poor box. The case was adjourned to October 24.

A 79-YEAR-OLD farmer was confused when he drove the wrong way up the dual carriageway near Bunratty earlier this year, a court has heard.

Stephen Costelloe had been driving to Shannon Airport to meet his son when the incident occurred on the N18 at Bunratty on January 27, 2012. At Ennis District Court on Wednes- day, Mr Costelloe, with an address at Busherstown, Moneygall, pleaded guilty to a reduced charge of careless driving.

Garda Barry Doherty of Shannon Garda Station told the court that Mr Costelloe drove in the wrong direction after becoming “confused”. The court heard that the incident occurred at around 6.50pm.

Defence solicitor Tom Stamp said his client had been “very confused” on the night.

He said Mr Costelloe was very “lucky” not to have been involved in an accident.

Garda Doherty told the court that he had seen “numerous” incidents where drivers had travelled the wrong direction on the dual carriageway and motorway.

Noting Mr Costelloe’s good record, Judge Patrick Durcan ordered him to pay € 250 to the court poor box by January 9, 2013. No conviction was recorded against Mr Costelloe.

Judge Durcan said that there is an onus on drivers to drive responsibly.

However Judge Durcan added that if the fine was not paid by January, then Mr Costelloe would be convicted of careless driving.

Addressing Mr Costelloe, Judge Durcan said, “I understand completely what happened. I wish you a safe journey home.”

A MAN charged with a spate of crimes in the Kilmihil area has been ordered to appear before the December sitting of Dublin Circuit Criminal Court.

Thomas Farrell, 30 Riverdale Green, Clondalkin appeared before Kilrush District Court accused of taking a van and crashing it, and on another date taking power tools during a burglary.

Detective Garda Ollie Downes told the court that at 5pm on July 6, a white Berlingo can belonging to Kevin Callahan was taken from outside his workshop.

“Later we got a report that it was crashed about one mile from the village,” the detective said.

The van valued at € 5,500 was subsequently declared a write-off.

“Mr Callahan said he left the keys on the pier outside the workshop on Quay Street. Mr Farrell was subsequently arrested and admitted seeing and taking the keys and taking the van,” said Det Downes.

The court also heard that during a burglary at a private resident at Lackin, Kilmihil, between July 27 and July 28 a number of items were take including a number of named power tools. On July 28 Gardaí stopped a bus at Ballismore, and found the stolen goods on board.

Mr Farrell told Gardaí that he found the goods in a pile in the front garden, the court heard.

Judge Patrick Durkin remanded Mr Farrell on continuing bail to appear before Dublin Circuit Criminal Court on December 18.

As he granted bail he said he was taking into account that Mr Farrell came from Dublin to Kilrush for the court hearing.

The defendant has six previous convictions including road traffic, public order and an assault conviction going back to 2000.

A 22-YEAR-OLD Kilrush man was fined € 500 for breach of the peace after he became irate with gardaí when they stopped him on his pedal bike.

Sean McMahon, 1 Burton Street, Kilrush, was not in court when the case due for hearing was called.

Garda O’Callaghan gave evidence that at 1.20am on Friday, May 25, 2012, he stopped the defendant who was on his pushbike.

“He became very irate from the outset,” said the garda adding that it was “apparent he was highly intoxicated.”

When the garda and his colleague told him he would be arrested “he lashed out with hands, feet and head”.

Garda O’Callaghan said the defendant was then arrested in Burton Street and restrained on the way to the garda station.

“He wasn’t remanded for a while due to his level of violence,” said the garda stationed in Kilrush.

Solicitor for Mr McMahon, Hazel Hehir, asked the garda if her client was on his way home when he was stopped.

“I believe so,” replied the Garda.

“He was peacefully on the way home when you stopped him and questioned him,” she said.

She said her client was 22 years of age and lived alone. She added that he became frustrated on the night in question.

“He is going to England soon to get away from Kilrush and people he hangs around with,” she added.

Judge Patrick Durkin dismissed the section 4 intoxication charges against Mr McMahon, but fined him € 500 for using threatening, abusive or insulting words or behaviour.

He gave him three months to pay with 10 days default.

The judge said he took into account that he had no previous convictions but also had to consider that he did not turn up in court.

He issued a bench warrant on other matters pending against Mr McMahon.

During the afternoon sitting of Kilrush District Court Mr McMahon appeared before Judge Durkin. He told the judge he had left the court to go home for a cup of tea.

The bench warrant was vacated.

AN Ennis woman who was convicted of soliciting a man to murder her then partner would like to return to live in her native town again.

However, Sharon Collins is not planning on moving back to Ennis anytime soon. She was released from the Dochas women’s prison centre last Monday. Ms Collins is on temporary release and will not be on full release until her sentence ends in December.

The 48-year-old was jailed for six years in November 2008 after a jury found her guilty of soliciting a man to murder her partner, PJ Howard, and his two sons, Robert and Niall Howard, on August 15, 2006.

Her co-accused, Essam Eid, was also jailed for six years for demanding money with menace and handling stolen property.

Her solicitor, Patrick Moylan of O’Kelly Moylan Solicitors, said Ms Collins would like to return to live in Ennis again but is worried about the impact of media intrusion on her family.

He said, “She would like to return to the town. She has always been supported by her family and friends and that support has continued. However, she knows that the level of media attention her moving back to Ennis would bring on her family and friends would be unfair.”

The former administrative worker with Clare VEC has continued to maintain her innocence. Under the terms of her release, Ms Collins is not permitted to engage with or speak to the media until her full release in September.

She is currently working on two books that will focus on her experiences since 2006. Mr Moylan explained, “She is writing two books. One will be about the case and one will about her life inside prison.”

Neighbours are said to be unhappy with the level of media interest in the area. It is understood that a reporter from a Dublin tabloid was chased from a garden near the home of a relative of Ms Collins last week.

AN IRAQ war veteran who admitted forging a doctor’s prescription has been warned that he faces up to five months in prison.

Ross Culligan (25), with an address at 41 Church Drive, Clarecastle, pleaded guilty to forging a prescription contrary to the misuse of drugs act on dates unknown between February 14 and February 22 (2012) at 41 Church Drive, Clarecastle.

At Ennis District Court on Wednesday Mr Culligan also pleaded guilty to using the forged prescription at Mary Jo Duffy’s Pharmacy, Tesco, Ennis on February 22.

He also pleaded guilty to an offence under the firearms act at Ennis Garda Station on February 23.

Inspector John Galvin told the court that the Director of Public Prosecutions had directed summary disposal of the case.

Judge Patrick Durcan accepted jurisdiction of the matter. Insp Galvin told the court that staff at the pharmacy alerted gardaí after Mr Culligan attempted to use the prescription. The accused was subsequently found in possession of a .22 calibre bullet by gardaí. Insp Galvin said there was “no hint that he had it for any sinister reason.”

He said Mr Galvin told gardaí that the bullet had come from his foster father’s house.

Insp Galvin said that when confronted by gardai, Mr Culligan was “forthright, honourable” and admitted having the prescription.

The court heard that the offences were committed one month after Mr Culligan had been placed on probation. Defence solicitor Daragh Hassett told the court that his client had been diagnosed with a psychiatric illness as a child.

He said after working as a tradesman, Mr. Culligan joined the British Army. The court heard that the accused served with the Irish Guards in Iraq.

Mr Hassett said, “He saw all the things that people shouldn’t really ever have to see.”

Mr Culligan was discharged from the army after four years for medical reasons, the court heard.

Mr Hassett said his client had been prescribed medication for panic and anxiety.

Judge Durcan noted that Mr Culligan had committed the offence while on a nine-month probation order.

He said, “The man has problems, certainly, but pharmacies have problems with people like your client.”

Mr Hassett said his client is liaising with the probation services and is “staying out of trouble.”

Judge Durcan said, “I have considered the issue of a community order and I am of the view that it is not a suitable case for community work….. It is out as far as I am concerned.”

Judge Durcan said that he “had in mind” a five-month prison sentence. He ordered the preparation of a presentence report from the probation services.

The case was adjourned until October 24.

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”.