Category: News

A MAN alleged to have been carrying a knife in Ennis last September told Gardaí he had it for his own protection, a court has heard.

The detail emerged at Ennis District Court last week where a Judge dismissed a case against William McDonagh.

It had been alleged that McDonagh (20) with an address at 32 Clancy Park, Ennis was in possession of a knife at Hermitage, Ennis, on September 21 (2011).

Detective Brendan Rouine told the court that he had been on patrol with a colleague when he observed McDonagh coming towards him.

Detective Rouine said that he saw a blade of a knife in McDonagh’s tracksuit pocket.

He said that when he asked him why he had it, McDonagh said it was “for his own protection”.

Detective Rouine said he had been aware that the accused had been involved in a dispute.

However, Judge Aeneas McCarthy subsequently dismissed the case af- ter Detective Rouine said that he had brought a copy of a statement into the witness box with him. Judge McCarthy said this was “totally and utterly out of order”. Detective Rouine said he had not referred to the statement during his evidence. Insp John Galvin said he had not been aware that the Detective had brought the statement with him. Solicitor Tara Godfrey asked that the court to consider dismissing the case against her client. Judge McCarthy dismissed the case, saying, “justice must not just be done, it must be seen to be done”. Judge McCarthy acknowledged that Detective Rouine had not looked at the statement. He added that he was not casting any aspersions on him.

THE refurbishment of the Celtic Mist, the yacht formerly owned by Charles Haughey that was donated to the Kilrush-based Irish Whale and Dolphin Group (IWDG) last year, is to be granted aid to the tune of nearly € 50,000.

The IWDG has secured 75 per cent funding of € 47,900 from the Leader programme administered by the Clare Local Development Company for the refit project that is already underway in Kilrush.

In welcoming the grant allocation, the IWDG co-ordinator Dr Simon Berrow paid tribute to the development company’s support for the project that’s being spearheaded by Mr Cathal Blunnie.

The 52ft yacht had been on sale in the Isle of Wight, with an asking price of € 175,000, before Conor Haughey announced the move to donate the vessel to the IWDG, a group whose work was of special interest to the late Taoiseach.

“The market for yachts isn’t great at the moment,” said Conor Haughey, “and my father did declare Irish waters as a whale and dolphin sanctuary in 1991, so that’s why we have decided to gift it to the Irish Whale and Dolphin Group.”

“This will give us a whole new dimension,” said Dr Simon Berrow at the time. “Charlie Haughey was always very interested in the sea and the marine and he often sent in sighting of whales and dolphins. He’d be known for declaring Ireland a whale and dolphin sanctuary. It was a huge political gesture at the time,” he added.

It is estimated that the refit of the Celtic Mist will cost more than € 60,000 and that the ketch will cost some € 20,000 to € 30,000 annually to maintain, subsidised by day trips.

A berth at Kilrush marina has been provided by Shannon Development and a passenger vessel licence application has also been made.

The refit involves stripping down the main cabin, and removing the bath and shower to allow for additional crew berths.

The former owner’s clock will be kept, along with other items. However, the ketch’s wheel in the main cabin is set to be presented to the Haughey family.

The Celtic Mist came to Kilrush in July after taking part in the Tall Ships Race in Waterford.

A 36-YEAR-OLD father of four who punched a teenager in the nose has received prison sentences totaling 14 months.

At Ennis District Court last week, Michal Makula, with an address at 3 Church View, Barefield, was convicted of assault causing harm to a 16year-old boy. The incident occurred on the Gort Road on July 18 (2011).

The boy, who is now aged 17, told the court that he had received a broken nose in the assault. He told the court that his injuries did not require surgery.

Solicitor Tara Godfrey said her client had apologised for his behaviour and had acted in self-defence. However she said that his actions had exceeded what could be considered self-defence. She said that there had been a context in which the assault had taken place.

However Ms Godfrey insisted that this in no way was meant to call the character of the injured party into question or harm his reputation.

She said her client had no history of assault. Judge Aeneas McCarthy asked, “What was he doing hitting a 16 year old?”

Judge McCarthy described the incident as “a serious assault in that this young man suffered a broken nose”.

Noting the accused’s plea of guilty and other mitigating circumstances, Judge

McCarthy imposed a six-month sentence.

Makula pleaded guilty to a charge of burglary at a home at Dromina, Dysart, Corofin on November 9 (2011). Insp John Galvin told the court that the accused broke into the house through the bathroom window. He said Makula was seen by a witness leaving the house with jewelry valued at € 2,000. Insp Galvin said the accused had not been aware that a young woman had been in the house at the time.

Ms Godfrey said her client “genuinely believed the house was empty.” She added, “He did not mean to frighten anyone.”

The court heard that the goods were recovered. Ms Godrey requested that the court consider a suspended sentence.

Judge McCarthy was told that the Director of Public Prosecution (DPP) had directed that the case be tried on a summary basis.

Speaking through an interpreter, Makula said he “was really sorry” for his actions. He said he was not in receipt of any social welfare due to problems with one of his children’s birth certificates.

Judge McCarthy imposed an eight month sentence, taking into account the guilty plea and other mitigating circumstances. He said both sentences are to be served consecutively. Recognances were fixed in the event of an appeal.

THE day of farmers bringing a few cattle to the mart in a car trailer is coming to an end, unless the next generation apply for a new specific driving licence.

The majority of driving licences issued before 1989 allowed drivers to tow a relatively heavy trailer behind their domestic car.

Newer licences are more specific however. The majority of motorists hold a ‘B licence’ which allows them to drive a car and tow a light trailer that does not exceed 750 kg in weight.

To tow a trailer in excess of 750kg, the driver must also hold an ‘E licence’.

While many older motorists have an ‘EB licence’, the younger generation are required to apply for a provisional ‘E licence’ and then a full licence if they are to tow anything heavy behind their car.

At the first meeting of the Joint Policing Committee this year, chairman Cllr Joe Arkins (FG) raised the concerns of local farmers and these driving regulations.

“The days of towing a good hefty cow after you on a trailer are gone,” he said.

Superintendent Colm O’Sullivan explained that the driver could be in trouble if he/she did not have an EB licence.

Supt O’Sullivan said it was more of an issue for insurance, as the driver would not be covered in the event of an accident.

The superintendent advised those motorists intending to tow a trailer, or any other such item, to tell their insurance company at time of renewal.

Car drivers without a specialised licence can, however, tow a small trailer as long as it and its contents weigh less than 750kg and their car is over 3, 500kg in weight.

Community representative on the committee Richard Cahill said this traffic law was counter-productive when it came to promoting local tourism.

He argued that this prevented families taking caravan holidays, as they could not tow the caravan without the specialised licence.

Cllr John Crowe (FG) described the licensing law as “another attack on rural Ireland”.

OPENING up a pre-clearance facility for the US military at Shannon; bringing Aer Rianta International back home to Shannon and Shannon Development handing over their tourism remit to Fáilte Ireland. These are just three major issues that were addressed at the Radisson Hotel in Meelick on Friday morning last when business leaders in the mid-west region had a breakfast briefing with Transport Minister Leo Varakdar.

During a question and answer session Minister Varadkar revealed that there will be “seven test runs of US military pre-clearance” in the coming week and “if that works we will be signing off on military pre-clearance at Shannon”.

Local anti-war group Shannonwatch was quick to criticize this announcement with spokesperson Ed Horgan telling The Clare People “during his speech Minister Varadkar talked about capturing the entrepreneurial spirit of Shannon, but it would seem that every one in six people that passes through Shannon Airport these days is an armed US soldier. That is not the type of viability or entrepreneurship that Shannon requires at this time.”

On the future role of Shannon Development, Minister Varadkar said the department was “considering whether their tourism marketing remit should revert to Fáilte Ireland” but that there was no question of the agency losing the remit to run visitor attractions in the mid-west region.

“Shannon Airport’s asset base, including the substantial landbank adjacent to the airport offers significant scope for future growth and development,” the president of Shannon Chamber of Commerce, Damian Gleeson told Minister Varadkar.

“The Lynx cargo hub and the Humanitarian Aid Centre are examples of projects this landbank could accommodate. The Shannon area is synonymous with innovative initia- tives. Route development and marketing of the airport underpins its future and the airport underpins the future of the entire Shannon region.

“We need to take the best from the past to move to the future. The corporate capability that has fuelled this region over the decades is still present in the region; it needs to be re-energised and given the wherewithal to take the region and the airport in a new direction,” he added.

The former head of Aer Rianta International, Michael Hanrahan, said “ARI’s headquarters is now in Dublin and that is wrong – it has produced hundreds of millions for Dublin and the sooner it is based back down here the better.”

CLARE County Council has invited the HSE and HIQA to come before the members in chamber to answer numerous questions relating to the health and safety of the area’s hospitals.

At this month’s adjourned meeting of the council, two independent councillors – Cllr Patricia McCarthy and Cllr James Breen – raised concerns about the number of bugs, infections and viruses in the Mid Western Regional Hospital Limerick, and the affect of these outbreaks on the public.

At this month’s meeting of the council, Cllr McCarthy queried how many times visitors were denied access to the Mid West Regional Hospital Limerick due to the presence of an infection especially during 2010 and 2011.

The Shannon councillor also wanted to know how these figures compared to hospitals in other regions.

Cllr Breen, a prominent health advocate for years, called on the two health bodies – the HSE and HIQA – to publish the hygiene audits that were carried out on all hospitals and nursing homes in the mid-west, and to publish the number of people affected by hospital superbugs in 2011.

The Kilnamona councillor, who was victim to a superbug in the past, was also critical of his own recent experience within the public hospital service.

He raised concerns about hygiene and safety at the Mid Western Regional Hospital Limerick and other hospitals in the mid-west region.

He described how during one night he spent at the Limerick hospital he was forced to clean the toilet himself it was so dirty. He was equally revolted by the state of the shower, he said.

“While I was there, I had to go from unit three to unit four and it was like an obstacle course,” he said.

The concerned councillor described how he had to find his way around food carts, beds and wheelchairs left on the corridors.

He raised concerns as to the difficulties such obstacles would pose in the case of an emergency at the hospital.

All members of the council agreed to write to the HSE and HIQA to invite them to address them on such issues.

ONE-HUNDRED people were still in a pub 25 minutes after closing time during a music festival in Sixmilebridge last year, a court has heard.

The detail emerged during a case at Ennis District Court on Wednesday. Alan O’Callaghan, licencee of the Pump House, Kilmurry, Sixmilebridge, was charged with permitting entertainment to be provided contrary to the intoxicating liquor act.

Garda Sandra Hartigan told the court that she went to the premises at 23.55 August 21 (2011). She said that the door of the pub was open. She said 100 people were inside while a band was also playing. Garda Hartigan said closing time on the night was 23.30. She said that when she spoke to O’Callaghan (Rosroe, Kilmurry, Sixmilebridge), he told her that he was aware of the time. Insp Tom Kennedy said there had been complaints from residents on the night.

Solicitor Stiofán Fitzpatrick told the court that the premises was a familyrun pub. He said it had been the first night of a local harvest festival. He explained that all money raised through the festival was for local community projects. Mr Fitzpatrick said his client should have obtained an extension. He said O’Callaghan had made efforts to clear the pub. “It was a unique occasion,” added Mr Fitzpatrick.

Mr Fitzpatrick described the pub as the “hub of the local community”. He said, “He accepts his responsibility. He holds his hand up.”

Judge Aeneas McCarthy said that if O’Callaghan wanted to get people off the premises, then the first thing he should have done was stop the band playing. He fined O’Callaghan € 300.

UNFINISHED housing estates existing in limbo somewhere between a bust or absentee developer and a cashstrapped county council are causing many problems for residents.

Clare County Councillor Michael Hillery (FF) raised the plight of such homeowners at the January adjourned meeting of the council.

There may be light at the end of the tunnel for these people, however, as they can apply to the council to take over the estate, if the majority of the homeowners are in agreement.

Cllr Hillery explained that many Clare people are living in estates where the developer is broke or, in some cases, has left the estate unfin- ished. As a result, these estates have not been taken over by the council.

During the council meeting, he asked if Clare County Council was legally obliged to take charge of estates when requested to do so by a majority of owners under Section 180 of the Planning Act 2000 and Section 2 of the Roads Act 1993.

It emerged that, in many cases, the council are obliged to get involved. Even in cases where the developer is now in NAMA, the residents can still apply to the council. The council, in turn, can then take over the estate, recouping the cost from NAMA.

In cases where the builder has just not completed the estate, the majority of the residents can apply to the council to have the estate taken over, and the council can then move against that developer.

The head of the Planning, Land Use and Transportation Department, Nora Kaye, explained that the council was obliged to take over housing estates under three circumstances.

“Where a development has been completed to the satisfaction of the Planning Authority, the authority must, where requested, as soon as may be, initiate the procedures under section 11 of the Roads Act 1993,” the director of services explained.

When a development has not been completed to the satisfaction of the Planning Authority, and enforcement proceedings have not been commenced within seven years of the expiration of the permission, the Planning Authority must, where requested by the majority of owners of the houses involved, also begin proceedings to take over the estate.

In this instance, the council may apply any security given for the satisfactory completion of the development in question.

Where a development has not been completed to the satisfaction of the council and either enforcement proceedings have been commenced or the Planning Authority considers that enforcement proceedings would achieve nothing, it is at the discretion of the Planning Authority to take the development in charge where requested by the majority of the owners of the houses in question. Again, in this instance, the Planning Authority may apply any security given for the satisfactory completion of the development in question.

Ms Kaye reminded the councillors, however, that each application has to be considered individually. She said there were also issues in relation to resources.

“Until the estate is complete and taken in charge, it is the developer’s responsibility. Many developers are not in business and it is very complicated dealing with the banks and dealing with NAMA,” she added.

Cllr Cathal Crowe (FF) said that Clare has one of the biggest housing estates in the country in its jurisdiction. “One of the biggest challenges for this council is the Westbury Estate, which has 1,000 houses with one entrance, and it still has not been taken over,” he said. “Many of these houses were built over 20 years ago.”

THE closure of the St Joseph’s Centre in Ennis will represent a “major loss” to the Traveller community, a meeting has heard.

St Joseph’s Education Centre has provided training and education to Traveller men in Ennis since 1974.

At that time, it was located in the grounds of the Holy Family School, Ennis.

In 1982, the centre moved to a new building at the Gort Road industrial estate. St Joseph’s is now facing closure as a Traveller-only training facility under planned education cuts.

Clare VEC is aiming to retain the use of the building for future educa- tion and training purposes. The issue was raised at the January meeting of Clare VEC.

In his report, Education Officer Dr Sean Conlan explained that St Joseph’s Education Centre will close next July following a phasing out of Traveller training centres announced in Budget 2010.

He continued, “Plans to use the building as a skills training unit for adult learners are being developed and staff will be redeployed to other VEC programmes, schools and centres.

“St Joseph’s will be a major loss to the Traveller community as it has been one of the most innovative centres in the country and continues to offer a creative and supportive envi- ronment for adult Travellers returning to education and training.”

VEC member Michael Corley paid tribute to the efforts of staff and students at St Joseph’s. He described the centre as one of the most efficient and best run in the country.

He urged the VEC to monitor the progress of the group that will be transferred from the centre.

“There was fantastic work done by management and staff. I was always impressed by the range of work.”

At last December’s meeting of Clare VEC, Dr Conlan noted that while Traveller education has made great strides over the past 20 years, many Travellers fear the impact of the cuts to services “could set back these efforts in years to come”.

“Traveller parents are more interested than ever in supporting their children’s education. Perhaps now more than ever in the past, a greater level of personal and family responsibility needs to be taken in light of the ending of some services,” he added.

Meanwhile, Dr Conlan’s report states that the Regional Learning Centre continues to operate at the Clare County Museum.

He explained, “The centre is supported mainly by Limerick Institute of Technology. Currently, the centre offers a business certificate from LIT and offers free educational guidance and return to learning workshops for adults interested in higher education.”

THE campaign to secure Gaeltacht status to parts of the county is set to be stepped up next week when the Clare Gaeltacht Committee holds an open general meeting that has targeted to attract language enthusiasts throughout the county.

Kilrush Golf Club is to play host to the gathering as part of the Irish language action group’s campaign to “to revitalize and strengthen further Irish in county Clare” and secure Gaeltacht status ahead of the 100th anniversary of the 1916 Easter Rising.

This new campaign was officially launched in December when the Clare Gaeltacht Committee called on language enthusiasts to embrace a four-month consultation process from January to April 2012 by sending “electronic or written submissions for Plean na Gaeilge 2012-2017 in Clare that will identify what needs to be done for Irish in the county”.

“We intend seeking Gaeltacht status for the people of County Clare in the near future,” said Kilmihil-based Seosamh Mac Ionnrachtaigh.

“To that end a new language plan for the county is going to be formed as part of revitalising the language in the county and getting back the Gaeltacht status that was taken away many years ago,” he added.

At the meeting, Mr Mac Ionnrachtaigh is set to outline the new strategy to reestablish a Gaeltacht in Clare, while other speakers will included Mary Hamilton, Séan MacMathúna, Joan McGeorge, Hazel Uí Chéitinn and Eilís Uí Chondúin.

“A Gaeltacht is an area where Irish is being spoken or heard on a daily basis,” said Mr Mac Ionnrachtaigh.

“It is estimated that there are up to 170 people in south west Clare alone with Irish and not to far in the future Irish as a spoken language will be more widespread,” he added.

In his submission to the county development plan, Mr Mac Ionnrachtaigh said “the future of the Irish language in the county is important in economic, social, infrastructural, cultural and environmental terms”.

He also said “the establishment of Gaeltacht status should be recognised in the Draft County Development Plan”.

Clare enjoyed breac-Gaeltacht status from 1929 to 2001, with the biggest Irish-speaking districts being near Ballyvaughan, Doolin, Kilkee and Carrigaholt, where the Coláiste Eoghain Uí Chomhraidhe which celebrates its centenary year in 2012 is based.