Category: News

A MAN has been found guilty of assaulting his brother with a hatchet at a halting site in Shannon last year.

James McDonagh (38), with an address at bay six Ballymurtagh, Shannon, attacked Michael McDonagh at he rear of their father’s home at the Ballymurtagh halting site on August 31.

Details of the assault were heard during a four-day trial at Ennis Circuit Criminal Court last week.

It took a jury 96 minutes to convict James McDonagh on one count of assault causing harm and another of possession of a hatchet with intent to cause injury. The court heard he has 97 previous convictions.

Half of Michael McDonagh’s left ear was severed in the assault while the father of four also suffered injuries to his scalp and abdomen.

He spent four days in hospital receiving treatment for his injuries.

James McDonagh, referred to throughout the trial as Michael James McDonagh, had denied the charges, claiming that he had acted in self-defence after his brother had attacked him with a hurley.

The court heard that a row over a car parked at the entrance of 81-yearold Frank McDonagh’s home at Ballymurtagh sparked the assault.

Counsel for the State, Stephen Coughlan BL, told the court that Frank McDonagh, father of Michael and James, blamed James for blocking the entrance.

He asked Michael to ring the gardaí who came and removed the car.

Michael McDonagh said that at around 8pm on the night in question, James McDonagh came running into his yard at bay five Ballymurtagh, wielding an orange and black handle hatchet.

He said, “He was roaring and shouting and swinging the hatchet and saying he was going to kill me.”

Michael McDonagh told the court that he ran from his home, where he had been watching television with his wife and children, and into the adjoining yard of his father’s bay.

He said he picked up a hurley to defend himself after he was “cornered” by James.

A struggle ensued and Michael McDonagh eventually managed to take the hatchet from his brother and throw it over the wall.

Frank McDonagh gave evidence of seeing James hit Michael “two or three clouts in the head with the hatchet.”

He added, “I heard Michael’s wife and kids screaming….I saw Michael running like a hare into my bay.”

Garda Barry Doherty of Shannon Garda Station attended the scene on the night. He said both Michael and James were covered in blood.

He said, “Michael McDongh’s ear was cut and half hanging off.” The hatchet was found in a field behind the halting site. James McDonagh was arrested and subsequently interviewed by gardaí.

In his closing speech, Mr Coughlan said. “The State’s case is that this was a willful attack by James McDonagh on his brother and he used a hatchet to do it.”

Counsel for the accused, Pat Whyms, said the State’s witnesses had given different accounts of the incident. He said the jury had to decide if the witnesses are “truthful and reliable.” He said James McDonagh had picked up the hatchet to defend himself.

Addressing the jury, Judge Gerald Keyes said, “If you are satisfied that the accused was the aggressor then it precludes him from using the defence of self defence.”

Mr Whyms urged the court to consider to suspending a portion of the sentence on condition that James McDonagh enters a treatment programme.

Sentencing of James McDonagh will be finalised on Thursday. The court heard he faces a maximum sentence of 10 years.

A MAN who was assaulted by his brother with a hatchet has said the family has been left “troubled and broken” by the incident.

Father of four Michael McDonagh had half of his left ear severed from his head when he was attacked by James McDonagh (38) at the Ballymurtagh halting site in Shannon on August 31 (2011).

James McDonagh, with an address at bay six Ballymurtagh, Shannon, was last week convicted at Ennis Circuit Criminal Court of assault causing harm to his brother at Ballymurtagh on the day in question.

A jury also found James McDonagh guilty of possessing a hatchet with intent to cause injury to his brother Michael. Michael McDonagh, of bay 5 Ballymurtagh, Shannon, suffered serious cuts to his head and abdomen as a result of the assault.

Michael McDonagh’s victim impact statement was heard at the conclusion of a four-day trial in Ennis on Friday.

The statement was read out in court by Detective Garda David Laing of Shannon Garda station.

Michael McDonagh stated that he had made the statement as he had been forced to seek the protection of the State after the assault.

He said, “I believed I was going to die and I could see the hatred in my brother’s eyes.”

Michael McDonagh stated that his wife had been traumatised by the assault and that his children still wake up screaming at night.

He continued, “I am not the first brother that Jimmy has attacked and I am sure I will not be the last unless a dramatic intervention is made.”

Michael McDonagh stated that the assault had put “huge strain” on his family and left his wife and children in a “very nervous state.”

Referring the consequences of the incident, Michael McDonagh said, “We know we are left with a broken and troubled family.”

He stated that he had not made the statement to ensure his brother got the maximum sentence.

Rather, Michael McDonagh stated, he hoped that the sentence would include some aspect of medical treatment that his brother “urgently requires.”

Michael McDonagh also praised the “swift action” of the gardaí in his statement.

THE majority of Clare’s Oireachtas members are in favour of civil marriage for gay and lesbian couples.

While civil partnership was introduced more than a year ago, it still falls short of the full legal entitlements of marriage, especially where the rights of children are concerned.

TDs Michael McNamara (Lab) and Timmy Dooley (FF) and Senators Tony Mulcahy (FG) and Martin Conway (FF) all said they believed marriage should be available to same-sex couples..The Fine Gael TDs were not as clear-cut in their answers.

Fine Gael TD Pat Breen said he needed more time to give a more considered answer on the issue.

Meanwhile, Deputy Joe Carey (FG) stated, “There is a commitment in the programme for government that the constitutional convention will examine the provision of same-sex marriage. They’re examining that currently, as well as a number of other issues. I am in favour of civil partnership and believe this provision is a huge step forward for same-sex couples.”

The other TDs are happy to see the legislation go further.

“I don’t see why there shouldn’t be civil marriage. I believe in the principal of equality,” said Deputy Dooley.

As it is the stated position of the party following this year’s Ard Fheis, he said he would also be supporting any legislation brought before the Dáil on this matter.

Labour’s Deputy McNamara was equally supportive. “Civil marriage, yes, but obviously what religious communities do is a matter for religious communities themselves,” he said. “There are same-sex relationships where children are involved now, they are not as infrequent as they were 20 years ago. The current laws are inadequate to deal with where the natural mother or father of the child had died leaving the child and the other partner in the relationship in a very difficult legal situation, so clearly for the sake of children, as well, it needs to be regularised,” said the former barrister.

Senator Conway (FG) said, “I believe there should be absolute equality for all people. Marriage is about a couple committing to each other for life, irrespective of their circumstances. If legislation comes through, I would like to see an all-party approach to this important issue and I would like to see all-party agreement. If that is not possible, the legislation I will support is legislation that is properly proofed and enshrined in equality.”

Senator Mulcahy (FG), who was also in favour of equal rights for same-sex couples, said, “As a society, we have been shoving our heads in the sand for far too long. We as a nation need to grow up, as opposed to growing up a bit of the way every 20 years.”

“If adults of the age of consent determine this is what they want to do with their lives, it is not for us to dictate to them. I came across it at the doors at the election last year, meeting people who believed we all should adhere to their beliefs, but I do not believe in that. I don’t dictate terms to anybody. I don’t think any sector of society should.

“If people over the age of consent decide that is how they want to live their lives, then we should legislate for that and provide for that,” he said.

CLARE Youth Service joined with other local youth services around the country last week to impress upon decision-makers the importance of local youth work to the country and its future.

The Oireachtas briefing, organised by Youth Work Ireland, highlighted concerns about youth unemployment, community employment and funding cuts, which are threatening youth projects around the country.

As part of the briefing, Clare Youth Service provided information on local projects and highlighted where cuts are impacting.

Margaret Slattery, CEO of Clare Youth Service, said, “We currently face many challenges in delivering essential services but it was important to recognise our Oireachtas rep- resentatives as partners in establishing the importance of youth work in both the legislative and budgetary processes.

“The meeting was an important opportunity to frankly highlight the situation on the ground.”

Bryan McMahon, an adult leader and part of the CYS Younger Voices group, highlighted the role of volunteers in providing value-for-money in the youth service.

As a former member of Skyview youth club in Shannon, his own story impressed the deputies and senators.

He said, “We saw this as an important opportunity to show what communities and young people can do in partnership with agencies and the State to provide quality services in difficult economic times”

Patrick Burke, CEO of Youth Work Ireland, complimented the role played by Clare Youth Service and others in the briefing.

Clare Youth Service is currently in the midst of their drive to recruit patrons and friends to help meet the shortfall caused by the current round of cuts.

The campaign was been a resounding success so far, with 120 patrons recruited from a target of 150. It is hoped to reach the target by the end of May.

Individuals and companies can become patrons for a donation of € 50 or become a friend for € 20. Friends will receive a car sticker, while patrons will receive a certificate for their business premises or home in addition to the car sticker.

To enrol as a friend or patron of Clare Youth Service, contact 065 6845350. Alternatively, anyone interested can enrol online at www. clareyouthservice.org

THE economic downturn has brought about an increased number of unfair dismissals cases in the county, one of the county’s leading business organizations has claimed this week.

The Shannon Chamber of Commerce has sounded out its concerns over the growth in the amount of cases in the county being referred to the Employment Appeals Tribunal over the past two years.

In a statement issued to The Cla re People this week, Shannon Chamber chief executive, Helen Downes said that, “2009 witnessed a 73 per cent increase in the number of cases re ferred to the Employment Appeals Tribunal and the volume of cases referred to the Tribunal in 2010 was equally worrying”.

And, because of this trend the chamber of commerce has been prompted to organise an event to address unfair dismissal obligations and redundancy management.

The event, which is sponsored and supported by Career Decisions Ireland and Zimmer, will be held at Zimmer’s facility in Shannon on Thursday, May 17, from 8am to 10am.

“It’s critically important therefore for companies to be fully aware of the implications of the Unfair Dismissals Acts and their requirements under the Redundancy Payments Acts,” said Ms Downes.

“This seminar will provide information on what constitutes a fair or a constructive dismissal, the steps a company can take to minimise exposure to an unfair dismissal claim, trends in dismissals, a company’s requirements under the Redundancy Payments Acts 1967-2007 and how to effectively manage a redundancy process.”

The event will be of interest to HR practitioners, managers and busi- ness owners. It’s part of a series of workshops being organised this year by Shannon Chamber to address human resources and employment law. It also fits in with the Chamber’s new HR Forum, which involves senior HR professionals from across sectors in the Shannon Region.

The Forum was set up to share best practice research and thinking in HR and Employment Law, develop a network amongst HR professionals in the Shannon Region.

PREPARATIONS are underway to mark the 25th anniversary of the twinning of Ennis and Phoenix, Arizona. A marching band from Saint Mary’s Catholic High School in Phoenix, Arizona, has accepted an invitation to play in the 2013 St Patrick’s Day Parade in Ennis.

The visit will form part of the celebrations to mark the 25th anniversary of twinning between the town of Ennis and the US city of Phoenix.

According to TJ Waters, Chairperson of the Ennis Phoenix Twinning Board, “We are delighted that St. Mary’s High School band will march in Ennis on St. Patrick’s Day next year. It will be great to welcome the high-school students and their teachers to Ennis.”

The band is made up of 25 students from 9th to 12th grades. Since the formation of the twinning relationship between Ennis and Phoenix in 1988, civic and community leaders from both sides of the Atlantic have visited each other and developed strong ties and personal friendships.

The focus has been on commercial, cultural and civic activities. Oppor- tunities for trade and education links have been promoted and developed and tourism and enterprise potential has been highlighted.

The proposed visit coincides with the theme for next year’s St. Patrick’s Day Parade is ‘Ennis – a Musical Town’.

Members of the Ennis Phoenix Twinning Board will be contacting schools in the Ennis area in coming weeks to outline their plans for St Patrick’s weekend in Ennis in 2013 and to encourage as many school bands as possible to participate in the parade.

According to Cllr Michael Guilfoyle, Mayor of Ennis, “It is very important that we celebrate the strong connection between Ennis and Phoenix. This is a real and enduring association that deserves support and encouragement. Congratulations to all of those who have been involved over the past 25 years.”

A new website has also been launched to highlight the twinning arrangement. Log on to www.ennisphoenix.com to find out more about the work of the Ennis Phoenix Twinning Board or to find out how to get involved in the 25th anniversary celebrations.

THE COST of providing Traveller accommodation in Clare has been described as “disproportionately high” and “unsustainable”.

Clare County Council are seeking to amend its current Traveller Accommodation Programme, which runs until 2013.

The proposed amendment, which has gone on public display, states that the council has spent € 20 mil- lion on the construction of 10 permanent group development schemes throughout the county, in addition to other housing supports.

It states, “Three new group schemes were constructed as part of the current 2009-2013 programme, two in Ennistymon at Ballymacraven and at Glen North, and one in Ennis at Knockanean.”

The amendment notes, “The council and the members of the LTACC (Local Traveller Accommodation Consultative Committee) recognise that the group scheme programme has had disappointing results, as reflected in the number of vacancies (currently 16 units or 25 per cent of all units provided), the high level of transfer requests (currently 13 households or 27 per cent of all current tenancies in group schemes) and the loss of units through arson (5 or 7.9 per cent of all units provided).”

Concern has previously been expressed over the high cost of providing and maintaining Traveller accommodation in Clare.

The document states, “The disproportionately high resources that the council is expending on the maintenance and management of Travellerspecific accommodation is unsustainable and negatively impacts on the capacity of the council to achieve the objectives of the programme.”

Under the proposed amendment, the council will close a temporary site at the Quin Road after the existing family there is relocated.

It continues, “It is the council’s policy to apply its rent arrears policy to all tenants. This is in the interests of equity, consistency and in the interests of promoting sustainable communities.”

Traveller tenants will be encouraged to participate in estate management programmes while the council’s antisocial behaviour strategy will apply “to all tenants in all settings.” The council is installing a CCTV system in three group scheme developments as a funded pilot project. Submissions to the document can be made until June 22.

CLARE people waiting for out patient appointments in Galway are among 40,517 hoping to get a call, with many waiting years for that coveted appointment.

Galway has the longest waiting lists in the country, but the CEO of the Galway/Roscommon Hospitals Group, Bill Maher, said he was more concerned with the duration people were waiting rather than the length of the list.

He also said the 40,000 plus figure was “a worse case scenario” as it had not yet been validated and once it was he expects the figure to fall significantly.

He told members of the Regional Health Forum West that some of the names on the list were duplicated, on other hospital lists or no longer required the service.

“Once validation is complete we would expect a reduction in this number. We know for example that a number of patients are referred routinely to the same or similar services in a number of hospitals,” he said.

Describing the list as “frightening” chairman of the HSE West Forum Cllr Padraig Conneely said he was “getting horrific stories of people waiting years” on the list.

“This is a figure I wouldn’t be happy with either. The real issue for me is not the number of people in the list but how long they are waiting. There are some specialise where people are waiting for years,” the CEO admitted. “I wouldn’t be sure if all patients are still active on the list. To validate the list properly would entail writing out to 40,000 patients and await a response,” he said.

Mr Maher added the HSE had set itself a target to shorten the list significantly within the next 12 months.

“We have set ourselves a target that no one will still be on the list in 12 months. 12 months is still too long for patients to wait for an out-patient appointment but we have to start somewhere,” he said.

“On March 23, 2012, the SDU launched an initiative to deal with the out-patient waiting list. This is similar to the initiative currently underway for in-patient waiting lists. We are currently preparing to take part in this initiative and will be addressing out-patient waiting lists across the hospital group.”

He also denied that the waiting list was as a result of a staffing issue.

The CEO told the HSE forum members that when he had exhausted all of the resources he had, and if he still needed more then he would apply for some.

THERE have been calls for teachers in Clare to receive training to help support students who may be feeling suicidal or depressed. Services and organisations that help prevent suicide and self-harm should also be publicised through secondary schools.

The suggestions were put forward in Ennis on Friday at the launch of Pieta House’s Darkness into Light walk, which takes place at Lees Road in Ennis on Saturday, May 12.

Pieta House is a non-profit organisation providing a specialised treatment programme for people who have suicidal ideation or who participate in self-harming behaviours.

The Ennis launch was attended by local politicians including the Mayor of Clare, Councillor Pat Hayes, gardaí, clergy and teachers. The walk is also supported by Davy Fitzgerald and the Clare senior hurling panel.

John Burns, Deputy Principal of Rice College, Ennis, said it is “vital” that the availability of services such as Pieta House is promoted through schools. He added that training should also be provided to teachers.

Joan Freeman, CEO of Pieta House, said the service has refused requests to speak at schools. She said that after hearing from Pieta House, teachers were often left “to deal with the aftermath” amongst students, a situation she described as “unfair”.

Ms Freeman said Pieta House has initiated a ‘Mind Your Buddy’ programme, which encourages students to tell someone if one of their friends is in crisis.

Ms Freeman said the service would be happy to educate staff.

A recent meeting in Ennis heard that 899 children were referred to the Child and Adolescent Mental Health Services (CAMHS) in Clare, Limerick and North Tipperary last year. In 2009, that figure stood at 419, while 710 children were referred in 2010.

Cllr James Breen (Ind) told the launch that the decision by the Minister for Education and Skills to abolish guidance counsellor posts in schools was a mistake.

“They understand the pressures pupils are under. This can avoid people committing suicide. Career guidance is a very important part of the curriculum.”

Mayor of Clare, Pat Hayes praised the work of Pieta House, who operate a centre in Limerick.

He said, “We all have a duty of care to try and help people who seek help. Thank you for the good work that you do. It is the voluntary and community organisations that are keeping this country afloat.”

CLARE’S most senior garda has acknowledged the “widespread” problem of fuel theft in Clare.

Chief superintendent of the Clare Garda Division John Kerin said yesterday that gardaí had received an estimated 40 reports of fuel theft so far this year. He said roughly 25 report referred to the theft of home heating oil while around 15 to 20 concerned theft of fuel from cars.

He explained, “It is fairly widespread, right across the country and people are using sophisticated methods.”

Chief Supt Kerin was speaking at a meeting of the Clare Joint Policing Committee (JPC) in Clare County Council.

There have been calls for greater use of the community text alert scheme to halt the rise of robberies in rural parts of the county.

Speaking yesterday, Chief Supintendnent of the Clare Garda Division, John Kerin, said there had been 14 more burglaries in Clare over the first three months of 2012 compared to the same period last year.

The number of assaults was down from 302 in 2010 to 225 last year. There were 36 incidents of arson in 2011, while gardaí in Clare dealt with 46 sexual offences.

Clare’s most senior garda also confirmed that the Criminal Assets Bureau (CAB) is carrying out investigations in the Clare area.

There have been 440 garda checkpoints set up in Clare during the first four months.

Chief Supt Kerin added, “I want to get guards out of the station and onto checkpoints.”

Councillors backed proposals to extend the use of community text alert schemes to all parts of the county.

The meeting also heard that there had been 41 garda retirements in Clare since 2010.