Category: News

IT TOOK a jury just 36 minutes to acquit a man who shot competitively for Clare, of being reckless to the safety of others when he discharged a semi automatic shotgun during a morning when “the whole community was under siege”.

Dominic Moloney of 38 Cappa Lodge, Sixmilebridge, had admitted discharging the firearm on September 21, 2009, but had pleaded not guilty to “being reckless to anyone being injured or not”.

After a trial that took place over three days at Ennis Circuit Court, Mr Moloney greeted the unanimous not guilty verdict with a mouthed “thank ye, thank ye” to the members of the jury.

The 47-year-old had been charged with discharging a firearm contrary to section 8 of the firearms and offensives weapons act 1990, after he fired three shots – one into the air and two at a wall during an early morning attack on homes in the estate.

Witness for the State Jessica Kelly, who was part of the group of three attacking homes that night, claimed that she had been hit by pellets from one of these shots.

The court heard that on the morning in question a group of “thugs” who were staying at number 57 attacked properties and people, including a disabled woman, using hurleys, bars and slash hooks.

Mr Moloney said he left the housing estate with his wife at 5.50am to go to work in Shannon.

He dropped her to work in Element Six before travelling on to his own job at Fabricated Products also in Shannon.

He was welding for five to ten minutes when his daughter Ciara called him asking him to come home.

He told the court that when he arrived back on the estate there was a van parked in his usual place so he went to the end of the cul-de-sac to turn.

“My intention was just to come back up and go into my house,” he said.

He said he then saw one man come from his left hand side and heard the window of his car break from the right. There were two men carrying bars.

He accelerated, left the estate and returned having driven past the Garda station.

When he arrived back in the estate he said he saw his neighbour Aaron Doherty, better known as Dots.

“Dots came out of his house. He walked down past me and as I came out of the car he said Mary’s windows have been broken and she is bleeding,” he said referring to Mrs Maxwell, who had been attacked and burgled by the gang.

He then saw two men – Gerard and Michael Lynch coming towards him, he said. “They shouted at me ‘We are going to kill you baldy B’.”

Mr Moloney ran inside and got his gun. He put three cartridges suitable for shooting game in it, which had been on the table since the night before. “As I was going out Dots was coming in the door,” he said.

Mr Moloney, who has shot competitively for Clare seven times, told how one of the two men were at his gate and coming in when he fired his gun into the air. The men retreated.

Mr Moloney, his daughter Ciara and Mr Doherty then walked up the road. Mr Moloney told how the men were leaving the garden of number 57 again when he shot at the wall.

He said he fired the third shot because they were going across to Mary Maxwell’s house again “saying they are going to finish the bitch”.

“The girl was inside the house. I fired at the bottom of the wall, again to keep him in, not to hurt anyone,” he said referring to Jessica Kelly.

He said he did not believe he hit her with pellets from the gun.

“Everyone was in fear. I never saw anything like it and I hope I never do. I was in fear of my life,” he said.

Asked by barrister for the prosecution Stephen Coughlan, “Why did you arm yourself. You knew the gardaí were coming. Why not go back into the house and lock the door?”

Mr Moloney said, “They were going to break up the house. I was in fear of my life.

“The only reason I got my gun was because I was in fear of my life and my child’s life.”

“I wanted to keep them inside the wall to keep people safe.”

Mr Coughlan said, “You should have retreated, but you stood your ground. Your ego wouldn’t let you retreat,” to which Mr Moloney replied, “No.”

“They came at me. I didn’t go at them. I had no choice.

“What was I going to do? I was afraid they were going to cut me up,” he said.

Mr Moloney also admitted to cleaning his gun and changing his jumper after the incident.

A FATHER of eight stole a spare wheel after taking a car on a test drive in an incident that “made no sense”, a court has heard.

The incident occurred after the man test-drove a Volkswagen Passat from a garage in Ennis last month. At Ennis District Court on Wednesday, James Sherlock (43), with an address at 16 Childers Road, Ennis, pleaded guilty to stealing a Monte Carlo alloy wheel with a total value of € 420.

Insp Tom Kennedy told the court that Sherlock took a Volkswagen Passat for a test drive from Western Garages, Quin Road, Ennis on Janu- ary 18. The court heard that the accused already owned the same type of car. Insp Kennedy explained that he took the spare wheel from the garage car and replaced it with his own. Solicitor Tara Godfrey said her client had cooperated with Gardai who found the wheel in the front porch of the house. “He cannot explain why he took it” she added.

Ms Godfrey said her client’s wife died in December 2008 leaving him as the sole carer of eight young children. Ms Godfrey told the court that the theft of the wheel was hard to explain given her client already owned a Passat and the family “weren’t short of a bob”. Judge Aeneas McCarthy fined the accused € 400.

THE State’s chief witness was labelled a liar by counsel for the defence in his closing arguments.

In her evidence to the court Jessica Kelly (23), of Lilac Court, Keyes Park, Limerick, told how on the night of September 21, 2009, she was staying in the house of Barbara Lynch. She was going out with her brother Michael Lynch who was also staying there as was his brother Gerard.

She said that during the night the back window was broken in the house. “The boys got weapons and run out the front door. I looked down [the road] and there was a man with a long gun and I didn’t get to see him clearly. Then I got shot,” she said. “I was standing out by the wall.”

She said she received a wound to her leg and went back into the house and lay down.

Defence Counsel Pat Whyms BL reminded Ms Kelly that she faced four charges following the night in question.

The 23-year-old was charged with aggravated burglary, violent disorder, criminal damage and assault causing harm following the night in question and pleaded guilty to the first three halfway through her trial. She said she did so because her solicitor told her to.

Mr Whyms told the court how, yielding an s hook, Ms Kelly had hit Mary Maxwell. He said her evidence to the court differed from her statement to Gardaí.

“You said a BMW car drove down, hit Ger Lynch and knocked him down,” he said.

He recalled how Ms Kelly told gardaí that she was picking up Gerard Lynch when the car returned and a man jumped out with a gun and directed it at her.

“Which of these two cock and bull stories about this incidents do you want the court to believe today? Was what you told the gardaí true?” he asked.

“Yes,” said Ms Kelly, “I just happened to be in the wrong place at the wrong time.”

“No you were not,” said Mr Whyms.

MAYOR of Clare Pat Hayes and TV presenter Bláthnaid O’Donoghue have been enrolled as the first Patron and Friend of Clare Youth Service in a new sponsorship scheme that gives parents, young people and businesses an opportunity to support youth services in the county.

Clare Youth Service currently operates 68 projects in 25 locations throughout the county. These include music projects, youth clubs, certified training, information points, youth cafés, justice work and education programmes. Some of this work is under threat in the current economic climate. The organisation has restructured internally in order to address cutbacks and is now asking the wider community to help maintain its core frontline services.

Individuals and companies can become a Patron for a donation of € 50 or become a Friend for € 20. Friends will receive a car sticker whilst Patrons will receive a certificate for their business premises or home in addition to the car sticker.

CYS chairperson Michael Byrne explained, “There have obviously been serious cutbacks in recent years but we are grateful for the continued support from taxpayer sources. We took an early lead in working with staff to cut hours and rationalise structures where possible. This has led to significant savings but we are at the point whereby frontline services will suffer if income is not increased.”

He continued, “Clare Youth Service has been operating for 43 years. As well as the tens of thousands of young people that have been involved, there have been 2,000 volunteers since 1969. 1,200 young students have received an academic qualification leading to jobs or further training since 1982. In 1986, the Youth Information Service started and has since answered 250,000 queries for young people on important topics. Today, there are 68 youth clubs and projects in the county.”

Mayor of Clare Pat Hayes said, “In these times, we need to back our youth as much as possible and especially to support those with a proven track record in working with them. I am proud to back this venture and would encourage as many Clare people and businesses to become a Friend or Patron of the Clare Youth Service.”

TV presenter Bláthnaid O’Donoghue took part in CYS summer camps before making her way in the world of TV and fashion. She has enrolled as a Friend and is enthusiastic in her backing for the venture,

“Clare Youth Service was a part of my formation that I look back on with great fondness. There was fun, leadership opportunities and a safe place for growth and self-expression.”

To enrol as a Friend or Patron of Clare Youth Service, contact 065 6845350 or enrol online at www. clareyouthservice.org

DOMINIC Moloney was hailed a hero who fended off a mob of thugs, as his account of the morning of September 21, 2009, was supported by the majority of witnesses both for the prosecution and defence.

For many of the witnesses that took the stand in Ennis Courthouse it was an emotional and difficult time, recalling the events that led them to flee their homes in fear.

Robert Maxwell described his neighbour as a hero. The young man told how he was woken up on the morning of September 21, 2009, to the sound of glass smashing and people “roaring up the stairs. It was like a nightmare. It was scary.”

He told how he went downstairs and got the sweeping brush to protect his mother who was being attacked by a man and a woman.

Mr Moloney’s car then came into the estate and the attackers left the house thinking it was the gardaí.

Mr Maxwell told how the assailants continued to abuse his neighbours. “They looked up to my neighbours and said ‘You are next if you are looking out the window.’ It was like a pack of animals. Everyone in the estate was frightened, not just us.”

“All I can say is he [Mr Moloney] is a hero to me. He saved my mother’s life,” he said.

Mary Maxwell, a woman who had suffered a brain tumour and a stroke, struggled to get to the witness box. Describing her age as 50 and a bit, she spoke slowly but determinedly as she battled the affects of ill health.

“I remember all this breaking noise when I was in bed and I came out on to the hallway. I didn’t even bring my walker with me that morning. I thought someone might have fallen down the stairs,” she said.

She said as she looked out into the hall she got a shock as she was hit with a weapon and pinned to the stairs. She told how she was terrified as she was hit in the side with an Shook after already receiving a blow to the head. She received 20 stitches to her face following the attack.

Mr Moloney’s daughter, Ciara (20), struggled to keep the tears at bay as she recalled her fear. She told how she was woken by the sound of breaking glass and after ringing the gardaí, she rang her father who had already left for work.

“I rang my father because the people outside were shouting up at different windows saying you would be next,” she said.

Ms Moloney broke down as she said she was petrified when her father left the estate after the windows in his car were smashed. She called him again and he returned.

“My father was only trying to save people. He has lived there for 25 years,” she said through her tears.

Her father was equally distressed as he watched his daughter give evidence in his trial.

Caroline O’Sullivan, 63 Cappa Lodge, said she was delighted that Mr Moloney had fired his gun, describing the two men and woman attacking the houses as “vicious”.

“He fired a shot which I was delighted for because they retreated back into the house. This had been going on a while. I was terrified to look out the window never mind go outside,” she said.

Lorna McDonald, 35 Cappa Lodge, fought back the tears as she recalled the scene that greeted her in her mother’s – Mary Maxwell – house later that morning. “It was unreal.”

She was visibly emotional as she described how her mother was sitting on the stairs covered in blood. “It was horrible. It was a nightmare.”

Mrs McDonald’s husband Michael McDonald was next to take the stand as a prosecution witness.

“I hadn’t seen anything like that since I was a child. I grew up in west Belfast,” he said of that morning in Cappa Lodge.

“I shot myself and I definitely saw he [Mr Moloney] wasn’t shooting [at] anyone.”

Darragh Devaney, 63 Cappa Lodge, recalled how his father locked all the family into an upstairs room on the fateful morning. Darragh had woken up to the sound of “smashing glass” and two men breaking the windows of the house. There were nine people in the house in total including his father, mother and siblings.

He described how when he went downstairs he saw a slash hook coming through the front door. He was attempting to get his blind brother out of his downstairs bedroom when their father came down and brought them all upstairs.

“He locked us all into an upstairs room,” said Mr Devaney.

Aaron Doherty, 26 Cappa Lodge, known as Dots, was called to check on Mary Maxwell that morning. A gun owner himself, Mr Doherty said there was no question in his mind. He was sure Mr Moloney was not shooting at anyone.

THE President of Ireland, Michael D Higgins, has failed to accept an offer made by Clare County Council to host a Civic Reception in his honour, more than three months after the invitation was originally made.

President Higgins, who spent many of his formative years living in Newmarket-on-Fergus, was invited to be honoured by the local authority on November 14 last, but has yet to indicate whether he will be interested in receiving the honour or not.

This apparent snub comes after President Higgins topped the poll in Clare during last Octobers election, receiving 20,828 first-preference votes.

A spokesperson from Clare Coun- ty Council confirmed to The Clare People yesterday that no response, beyond the standard acknowledgment letter for all correspondence, has yet been received from Áras an Uachtarán.

The invitation to the Civic Reception was suggested by former Labour councillor Christy Curtin (IND) who yesterday said that he understand that President Higgins has had a very busy couple of months.

“I am very confident that he will come to Clare. He has been a regular visitor to Clare over the years and has visited the Willie Clancy Week up here in Miltown on a number of occasions,” said Cllr Curtin.

THE population of Clare is predicted to swell to almost 150,000 people over the next ten years, with numbers set to continue growing despite the current economic crisis and reports of mass emigration from rural area.

According to the preliminary results of the 2011 census, the population of the county actually grew by 5.3 per cent since the recession began. Population numbers grew from 110,950 in 2006, just before the start of the recession, to 116,885 last year.

According to a new research docu- ment released by the Mid West Regional Authority in Ennistymon last Friday, the population in Clare is projected to reach 131,321 by 2016 and 141,600 by 2022.

If these projections prove to be true the population of Clare will grow to its highest level since before the Famine over the next 10 years.

The Mid West Regional Authority Factfile, which was released at the organisation annual meeting at the Falls Hotel in Ennistymon on Friday, also set out a number of short term regional predictions with North Clare predicted to be a major growth area over the next five years.

According to the report the population of the North Clare area is set to grow by an impressive 14.36 per cent over the next five years with the local population reaching 15,675 by 2016.

West Clare has also been earmarked for major growth with the local population set to expand from 16,736 to 18,836 in 2016 – a growth of more than 12 per cent.

While the number of new people coming to live in Clare continues to more than those leaving the county, the rate of migration has slowed over the last ten years.

Between 2002 and 2006, 4,169 more people came to live in Clare than left the county to live elsewhere. However, according to preliminary figures from the 2011 census, the number of people coming to live in the county was only 986 people more than the number who left the county to live elsewhere in the five years between 2006 and 2011. Despite the overall growth gain in population numbers some part of the county have experienced a dramatic drop in numbers in recent years. In West Clare, the Loop Head Peninsula and the area around Doonbeg suffered a decrease in population as did the a large section of North Clare between Liscannor and Fanore.

THE special report into the future of Shannon Airport is to be published by the Government before the end of the month, the Minister for Transport, Leo Varadkar has revealed. However, Mr Varadkar has revealed that the report carried out on behalf of the Government by international consultants Booz and Company will be censored before publication because of “sensitive information” contained in what is the new blueprint for the development of Clare’s international airport.

“The report contains commercially sensitive information, much of which was provided on a confidential basis,” Minister Varadkar has revealed. “For this reason, it will not be possible to publish the report in full. However, I intend to publish a redacted version of the report before the end of the month, once I am satisfied that the confidential information is protected.

“I have brought the Booz report to the Government for the information of my Cabinet colleagues. I have also commenced a process of engaging in detail with relevant stakeholders. When that process has been completed, I will bring proposals to the Government on the future of Cork and Shannon airports,” he added.

Minister Varadkar was responding to a Dáil question tabled by Clare TD and Fianna Fáil spokesperson on transport, Deputy Timmy Dooley, who said that the Booz & Company report was “causing great consternation and concern among workers and tourism interests in the Shannon region”.

“They are deeply concerned that the report has not been published almost 12 months after the Government came to office on the back of expectations that it would introduce important measures to assist Shannon Airport and the wider region which would increase the number of routes at the airport and consequently boost passenger numbers.

“Expectations in the region were raised by statements and comments made by the Fine Gael Party and its partner in government. I am disappointed it is taking so long to publish the Booz report.

“I am also concerned by some of the leaks emanating from the Government or individuals who are familiar with the contents of the report. It is clear that some external interests are seeking to privatise, part-privatise or franchise in some manner the activities at the airport,” Deputy Dooley added.

“Shannon Airport has been in limbo since 2008 and I intend to end uncertainty about the airport this year,” countered Minister Varadkar.

“I appreciate that tourism and employee interests in the region are concerned about Shannon Airport. I have visited the region twice and will do so again in the next few months.

“I met representatives of trade unions and business and tourism interests and while there is legitimate concern, there is also great ambition and excitement about the opportunities that could be provided as part of a new approach to Shannon Airport.

“The status quo is not working and substantive change is needed in the way the airport operates,” Minister Varadkar added.

AT LEAST one woman from Clare travels to the UK each week for an abortion according to figures released to The Clare People . In 2010 seventy five women who gave addresses in County Clare attended clinics for pregnancy terminations in the UK, a figure 25 per cent higher than those who sought terminations just two years earlier in 2008, (60).

According to the figures, provided by the Department of Health in the UK, 216 women from the county made the journey to Britain between the years 2008 and 2010 to terminate a pregnancy. The Clare People were only supplied with the number of Clare addresses, not any of the names or addresses of those who used the UK services.

In 2009, the figure was 81. This number then dropped slightly to 75 in 2010, but still shows an increase of 25 per cent on 2008. This figure may be higher, as not all women give their actual address at abortion clin- ics in the UK. As many as 2,012 Irish women did not state their county of residence when seeking a termination between 2008 and 2010. Women from Clare represent 1.6 per cent of the Irish terminations carried out in England in these years.

Abortion numbers for Clare addresses are quite low in comparison to neighbouring Limerick and Galway. Approximately 460 women from Limerick travelled to the UK to seek terminations in the last three years, while Galway women account for 570 Irish terminations. However, these counties have large urban populations while Clare would be considered as a rural county.

According to prices quoted by the British Pregnancy Advisory Service, the cost of a termination can range from £525 to £1,660 for a surgical termination during the 19 to 24 week mark. Anyone who may be struggling to cope with an unplanned pregnancy can call Cura in Clare at 065-29905.

ENNIS Chamber and Ennis Development Forum are to host a meeting for businesses and interested parties regarding the proposed Clare Road Development on Monday, February 27, from 6.15pm to 7.15pm in the Old Ground Hotel, O’Connell Street, Ennis. The proposed development for a 70,000ft shopping unit, which was refused planning by Ennis Town Council in January, is being appealed by the developers to An Bord Pleanala.

Organisers say that the purpose of the meeting on Monday evening is to inform the business community and others of the appeal process to An Bord Pleanála which has a closing date of Friday, March 2, for acceptance of submissions. All businesses are encouraged to attend.

Ennis Town Council refused planning permission to Michael Lynch Ltd for the five-hectare development at Clare Road, Tobertascáin.

Michael Lynch Ltd had sought permission for the (1) Demolition of all structures on site including five residential units, office block and all ancillary buildings; (2) Provision of a public plaza fronting on to the Limerick Road including both soft and hard landscaping; (3) A retail development including a food store incorporating customer restaurant and cafe, off licence sales area, dot com area and storage service area; (4) Separate ancillary two-storey retail and office block, a standalone two-storey office block, 610 parking spaces, provision for cycle parking, trolley bays and vehicular access to and from the Tobarteascain Road.

The developers had said the project would create 300 jobs in construction and between 180 and 200 permanent jobs.

However objectors, including town centre businesses, argued that the de- velopment would have a “significantly detrimental effect on town centre retail” and lead to a “decreased viability of the town centre”.

In its decision, the council deemed that the proposal is premature pending the upgrade of the wastewater treatment plant at Clareabbey and pending the implementation of the Ennis South Flood Relief Scheme.

The council also cited changes in the Planning and Development Act 2010.