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Criminal damage charges dismissed in ‘curious case’

THREE members of the same family accused of smashing windows in a house as five children slept on New Year’s morning have had the charges against them dismissed.

It had been alleged that Rosie Molloy Snr (39) and her two children Michael Molloy (19) and Laura Molloy (21) caused € 475 worth of damage to the home of Thomas Sherlock and Mary Maughan at 36 Westbourne Court, Watery Road, Ennis in the early hours of New Year’s Day this year.

Rosie Molloy and Michael Molloy, both with addresses at Bay 2 Ballaghboy Halting Site, Quin Road, Ennis and Laura Molloy, with an address at 21 An Pairc Bruach na hAbhainn, denied the charges of criminal damage.

The case was heard at Ennis District Court on Tuesday.

Mary Maughan told the court that she woke up to the sound of the Molloys “roaring abuse.”

She claimed that she saw the three accused standing outside the house. Ms Maughan said a silver Polo car owned by Laura Molloy was also outside the house.

Ms Maughan said by the time she and her partner, Tom Sherlock, got dressed, all the downstairs windows were broken.

She said, “The five kids in the house were screaming and crying. The kids were in an awful state.”

Solicitor for the Molloys, Daragh Hassett said it was an unusual reaction for someone to put their clothes on as the windows of their home were allegedly being smashed.

Ms Maughan told the court that she and Thomas Sherlock had been out for a few drinks in Ennis on the night.

Ms Maughan claimed that bottles were also thrown at the house.

Thomas Sherlock said he woke at around 4.30am to a lot of “shouting and roaring” outside the house.

He said he couldn’t remember how many bottles were allegedly thrown at the house but that he cleaned them up in the morning.

The court also heard details of an alleged altercation between Mary Maughan, Thomas Sherlock and Laura Molloy outside a pub in Ennis on New Year’s Eve.

Garda Bríd Troy, who attended the scene on the night, told the court that no independent witnesses came forward to make a statement.

Garda Kelly Doolan said that all the downstairs windows had been broken but that no bottles were found at the scene.

Rosie Molloy Snr said she had been at home all night babysitting. Laura Molloy said she had been out in Ennis on the night before returning home.

Michael Molloy said he was out for a drink in Kilmihil before going to the Queens nightclub.

All three said they were “nowhere near” Westbourne Court on the night.

Mr Hassett said there were “clear inconsistencies” in the evidence provided by the two complainants.

He said no independent evidence had been provided to support the claims of the complainants.

Judge Patrick Durcan said this was “curious case” in which the accused “absolutely denied” the charges against them.

He said there was an “absolute conflict in the evidence” provided by both sides.

He said, “There is a very slight doubt and as such, I dismiss the charges against Michael Molloy, Laura Molloy and Rosie Molloy.”

Judge Durcan also made an order binding all five parties – Thomas Sherlock, Mary Maughan, Rosie Molloy Snr, Laura Molloy and Michael Molloy – to keep the peace for a period of 12 months.

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Judicial advice: ‘stick to your music’

A TALENTED musician who has pleaded guilty to charges of theft of food, including a plate of chicken and pork has been told to concentrate on his music.

Judge Patrick Durcan was addressing Daryl Feely (18) of 92 Inis Clar, Kiladysert Road, at Ennis District Court on Wednesday.

Mr Feely pleaded guilty to the theft of sandwiches from Lynch’s Centra, Gort Road, Ennis on November 17 (2011). He was also charged with entering the West County Hotel as a trespasser to commit theft on September 28 (2011)

Inspector Tom Kennedy said the Director of Public Prosecutions (DPP) had directed summary disposal of the matters.

He told the court that the accused was discovered in the kitchen of the West County trying to take a chicken breast and two pork chops at around 4am on September 28.

The court heard that Mr Feely has no previous convictions.

Solicitor Daragh Hassett told the court that his client has a talent for music but had previously experienced problems with alcohol and drugs.

He said Mr Feely is involved a music programme run by the Clare Youth Services and plays with a local band.

Judge Patrick Durcan noted that Mr Feely is a talented musician who has the gift of playing music.

He commended Mr Feely for making a “very good effort” to deal with his problems. Judge Durcan, “Concentrate on your music and nothing else.”

He adjourned sentencing until July 18 to see if Mr Feely continues to make progress.

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‘Kicked hotel front door while drunk on vodka’

A MAN who admitted kicking a door of a West Clare hotel while drunk on vodka has been ordered to make a donation to one of Ireland’s oldest charities.

Judge Durcan told Daniel Wolf (23) to pay € 250 to the Sick and Indigent Roomkeepers Society – a 222-yearold Dublin based charity that provides support to hard-pressed individuals and families.

At Ennis District Court on Wednesday, Mr Wolf, with an address at Flag Road Miltown Malbay pleaded guilty to a engaging in threatening, abusive and or insulting behaviour with intent to provoke a breach of the peace at Dough, Spanish Point, Miltown Malbay on May 5.

Inspector Tom Kennedy told the court that Gardaí were called to the Bellbridge House Hotel at around 12 midnight.

He said the accused was intoxicated and had taken issue with staff after they refused to let him back into the hotel.

He said Mr Wolf began kicking the door and was subsequently arrested.

Solicitor Fiona Hehir said her client was very apologetic for his actions and couldn’t really remember the incident.

She continued, “He was drinking vodka which does not agree with him. He has made a vow not to drink vodka again.”

Mr Wolf apologized in court for his behaviour at the Bellbridge.

He said, “I would like to apologise to the guards and the hotel. I promise it will never happen again.”

Judge Durcan said the accused had been “tanked up with Mr Smirnoff’s goodies” when he directed “ignorant and appalling behaviour towards the guards.” He said the appropriate order was a donation of € 250 to the Sick and Indigent Roomkeepers Society. Judge Durcan said that if the payment was made by June 13, the charges against Mr Wolf would be struck out and no conviction would be recorded against him.

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HSE mid-west boss vows to fight against MRSA

“I WILL be monitoring every hospital to ensure cleanliness is up to the required standards,” vowed the new CEO of the Mid Western Hospitals Group.

Ann Doherty is almost five months in her new job and said the hospitals in Clare, Limerick and North Tipperary have made measurable progress in relation to the control and prevention of the hospital bugs.

She claims this is evident through the reduction in MRSA and C difficile rates. “However there is a continuous need to increase our effort to support progress and ensure further improvements. In short we must do better,” she said.

At the Mid West Regional Hospital Ennis positive MRSA patients are isolated and remain isolated un- til a patient is deemed to be clear of MRSA. A patient is not deemed to be clear of MRSA until all three sets of screenings, taken 72 hours apart, return negative.

Patients continue to be screened at weekly intervals whilst in hospital. In Ennis all single rooms are vacated and prioitised for isolation.

There is a similar practice at the Mid Western Hospital in Limerick, which has 51 adult single rooms, 29 paediatric single rooms and 25 twobedded rooms.

“The principles and behaviours that prevent and control Healthhcare Associated Infections are well known and apply to all health and social care services,” according to Ms Doherty.

“These principles must be delivered by all staff who apply them as part of their daily routine, to eliminate the likelihood of a patient acquiring a Healthcare Associated Infection. Patients should expect nothing less,” she said. “It is therefore, important that everyone, both users and providers of all services, realise and embrace the principle that they, individually and collectively, have a responsibility to ensure that the National Standards for the Prevention and Control of Healthcare Associated Infection are met and actively enforced across our hospitals.”

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Council to seek a ban on posters in some areas

CLARE County Council is to write to the Department of the Environment seeking legislation to be introduced to ban posters from certain areas of towns and village – with separate poster zones being created instead.

This follows a motion put forward by Cllr Paul Murphy (FG) at last night’s meeting of Clare County Council which called for a permit system to be introduced which would require each election candidate or political party to notify Clare County Council of the number of locations of all posters erected in Clare.

“One important angle is safety – there is a serious health an safety question for people putting up and taking down posters. They are also distractions for people looking at them [the posters] when driving on our road,” said Cllr Murphy.

“I am not looking for a total ban, I think posters are a useful things – especially for young voters. I believe that they do serve a purpose for younger candidates whose faces might not be that well known.”

The motion received support from all the candidates present, including a number of councillors who reported having their posters stolen during an election, only for them to reemerge in another part of the county once the vote is complete.

“I have always been an advocate of the central locations for posters,” said Cllr Patricia McCarthy (Ind).

“We all know that posters do disappear in some areas – a poster might disappear and may not reappear for a year or more and they have been used for some other purpose in the mean time.”

Cllr Joe Arkins (FG) also reported some of his posters appearing in private residences around the county.

“In my area they take them down the day after you put them up. People take them down and then put them up again after the election,” he said.

“It is very hard to keep track of all your posters between the wind and these individuals who seem to think that these posters would make a nice additions to their own house.”

Cllr PJ Kelly called for a total ban on all election posters – saying they he had never had to use them to get elected.

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Burke group now Burren’s largest employer

THE Burke’s group of hotels are now the largest employers in the North Clare area following the announcement that they will create 15 new full-time positions with the reopening of the Tír Gan Éan House Hotel in Doolin.

This brings to 125 the number of full-time people employed by the group – between the Armada Hotel, Hotel Doolin and Tír Gan Éan – surpassing the 120 currently employed by Data Display in Ennistymon. A further 65 seasonal jobs will be also be generated at the three hotels between now and the end of October. Tír Gan Éan, which is located beside Hotel Doolin, was closed last year, by another hotel operator.

Managing director of the Armada Hotel and Hotel Doolin, John Burke, said that the new jobs were made possible, in part, because of the nine per cent VAT rate on tourism operators.

“The fact that the lower VAT rate of nine per cent for the tourism in- dustry will continue into 2013 is good news not only for the Irish tourism and hospitality sector, but also for consumers as the cost of accommodation can be maintained at extremely competitive rates,” he said.

“The decision to acquire Tír Gan Éan is key to our strategy of providing quality accommodation at an affordable rate. It will be marketed at overseas visitors, as well as the rapidly growing domestic market,” added Mr Burke.

General manager of Tír Gan Éan House Hotel and the award-winning Hotel Doolin, Donal Minihane said the hotel will offer ‘a boutique guesthouse experience’ complete with its own in-house bakery.

“Doolin very much remains the jewel in the crown of north Clare tourism. Its scenic location close to the Burren and on the edge of the Atlantic Ocean, as well as its affiliation with the Irish Traditional Music scene has meant that the village has continued to attract visitors, despite the downturn in the global economy,” he said.

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House charge brings in €1.8m

JUST under € 1.8 million has been collected so far in Clare via the household charge, new figures from Clare County Council show.

The information was given in response to a notice of motiwon from Labour councillor Pascal Fitzgerald requesting a breakdown on the total amount collected in the county to date.

In his reply Niall Barrett, Head of Finance, stated that the latest information from the Household Charge Bureau that there were 17,819 household registrations processed for payment as at 9am on Tuesday, April 24. This corresponds to the sum collected for the county to date.

He continued, “Nationally there are an estimated 220,500 household charge declarations which have been made through the post and over the counter in local authority offices that are being processed by the Household Charge Bureau.

“The County Clare portion of the unprocessed declarations is not included in the above figure as the county/city breakdown is not yet available in the figure.

“In addition, 15,159 declarations nationally have been received by the household charge bureau where a waiver from payment of the house- hold charge is claimed and these declarations are not included in the figure.”

He added, “This gives a total number of 921,101 household charge declarations made nationally.

“The amount collected for Clare will increase as applications on hand are processed by the Bureau.”

Cllr Fitzgerald asked if householders living in unfinished housing estates who have paid the household charge could be provided with services by Clare County Council?

He also asked the council to clarify their position for the residents in these estates.

Mr Barrett stated that there are no proposals at the present time to change established arrangements for the provision of services to estates in the county.

Cllr Cathal Crowe (FF) called for Minister for State Jan O’Sullivan, who he said represented 5,000 people in Clare, to attend a council meeting.

Director of Services Ger Dollard said the introduction of the household charge has not changed the way the council deal with unfinished estates.

He said the council is currently dealing with a number of unfinished estates in Clare.

“We are working very hard to get through that,” he added.

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Taxi federation backs Ennis drivers

THE Irish Taxi Driver’s Federation has insisted that Ennis taxis remain one of the safest modes of transport available.

The national body issued the reassurance after an Ennis driver was given a two year suspended sentence at Limerick Circuit Court for assaulting a passenger.

Martin White, who is the Clare representative for the federation and has 30 years experience driving in Clare, said he had never heard of a taxi driver attacking a passenger before this incident.

“The number one priority for a taxi driver is the safety and well being of the passengers,” he told The Clare People .

“This was a one off incident and I had never heard of it before. He shouldn’t have taken the law into his own hands. He should have called the Gardaí if he thought there was an issue with the passenger and the fare.”

Mr White said that all taxi drivers undergo Garda checks.

“As drivers we are there to bring passengers home safe and I believe taxis are still the safest form of trans- port.”

Meanwhile taxi driver Okechukwu Utuke (44), of Dun na hInse, Ennis, received a two-year suspended sentence after he was found guilty of assaulting passenger Michael L’Estrange and fracturing his collarbone in a row over a € 15 fare on April 25, 2010. The case was heard over three days in Ennis.

During the case Mr L’Estrange told the jury that he had gone for a few drinks in town and left for home at around 1.30am. He said that he had started to walk but when he got to Country Pine, he “flagged” down a taxi.

He asked the driver to bring him to his home at Gort na mBlath. Mr L’Estrange said he stopped a short distance from his house as he never got a taxi directly to his home “because you don’t know who’s who”.

Mr L’Estrange said that after the car came to a halt in Gort Na mBlath, he disputed the fare of € 15, adding that it usually cost between € 7 and € 8.

The court heard that Mr L’Estrange dropped € 10 onto the front passenger seat and left the car.

He said that the driver followed him from the car, knocked him to the ground and started digging him with his fists.

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Legislation needed for tenants

AN EAST Clare family has been forced to move out of their own house because of anti-social behaviour by neighbours who were claiming a Rent Allowance Payment.

That is according to East Clare Cllr Joe Cooney (FG), who called for tighter regulations to be placed on people who receive rent allowance – including a provision for money to be taken directly from a persons social welfare payment to repay a private landlord or the local authority for damage done to a property.

Cllr Cooney said that the way that a small minority of people on rent allowance treat property is a “disgrace”.

“Some of these tenants, the state that they leave some of the houses are a disgrace. I have people on to me, and they can’t rent out their house because of the damage done,” said Cllr Cooney.

“I am aware of a family in East Clare who had to move out of their own house because of the anti-social actions from one family beside them. If these people can’t treat the property properly, and not be acting the fool, then there has to be consequences for them.

“Not all tenants are the same, but some are very bad. This is a vital motion. What is going on is a dis- grace in some place, but it is not everywhere. The damage has seen some local council houses left closed for up to 12 months, which in my opinion is a disgrace.”

The motion was seconded by Cllr Joe Arkins (FG) who said that legislations need to be put in place to allow landlords to recoup payments from people who destroy their property.

“There are some people in this society for who there are no consequences,” he said. “I think we need legislation where a local authority or a private individual should pursue people in the courts and they should then have an attachments put to their [social welfare] payments.”

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Council not on airport task force

THE task force charged with responsibility for separating Shannon Airport from Dublin Airport Authority control won’t have a Clare County Council involvement – this is despite demands from the local authority to be included in the process of implementing the airport much-heralded independence and Department of Transport denials that the make of the high-powered committee has already been decided upon.

However, leaks to the effect that the county’s premier decision-making body has been left of the whole process emerged at the weekend when the first six members of the Department of Transport’s eight person ‘steering committee’ were revealed.

The group has been established to advise the Government on the separation of Shannon of from the DAA and its subsequent integration with the property assets of Shannon Development under the new independent airport structure.

Dr Alan Aherne, Declan Keane, Eamonn Brennan, Ed Hansom, Pat Dalton and Rose Hynes have been appointed to the task force, with the remaining appointments to be filled by representatives of both the Departments of Finance and Transport.

Ms Hynes is chairman of Stateowned energy group Bord Gáis and a former executive with Shannonbased aviation leasing group GPA. She is also a former member of the Shannon Airport Authority that was established in 2004 by then Trans port Minister, Seamus Brennan.

Mr Hansom is another former GPA executive who has been appointed to the high-powered committee, while Mr Brennan is chief executive of the Irish Aviation Authority.

Mr Dalton is an executive with investment group One51 and a former member of the Cork Aviation Authority.

Mr Aherne is a former adviser at the Department of Finance and is on the board of the Central Bank of Ireland, while Mr Keane was chairman of the interdepartmental working group report on mortgage arrears.

“We want representation on that committee and have to demand it,” Cllr Joe Arkins (FG) told a special meeting of Clare County Council’s Strategic Policy Committee for Community and Enterprise, Tourism and Emergency Services last week, with former Mayor of Clare, Cllr Tommy Brennan (Ind) saying “Clare County Council should have proper representation on the new Shannon Airport board.”

Speaking to The Clare People , Clare County Manager Tom Coughlan underlined Clare County Council’s need to be involved in the airport’s future. “The council considers that it should be involved and engaged in any future plans for Shannon Airport,” he said.

“There are issues surrounding the future of the airport which require immediate clarification,” he added. The county manager was referring to plans for the potential development of the council owned land bank in and around Shannon Airport as well as the appointment of a steering group.