Category: News

A MAN has pleaded guilty to the possession of 13 cannabis plants at a house in Newmarket on Fergus last June.

Gardaí discovered the drugs during a search of Miller Boys Cottage, Snugboro, Newmarket on Fergus, on June 4 last.

Ian Cullinan (31) with an address at 27 Glensheen Road, Gort Road, Ennis, appeared at Ennis District Court in relation to the charge of possession of a controlled drug, cannabis.

Insp John Galvin told the court that the Director of Public Prosecutions (DPP) had directed summary disposal of the matter on a plea of guilty.

Judge Aeneas McCarthy said the direction had effectively tied his hand in terms of trying the case in the District Court. He said the case was now a matter of sentencing, adding that he did not have the “jurisdiction to refuse jurisdiction”.

Insp Galvin said the accused admitted to gardaí that the drugs were his during the search. He said the cannabis had been valued at € 5,200. He said the accused was very co-operative with gardaí. Insp Galvin said gardaí were quite satisfied that the drugs were not intended for re-sale.

He added, “My colleagues accept it was not for sale on the open market.”

Solicitor Joe Moloney told the court that has client had immediately put his hands up and accepted he was wrong. He said his client was a single man from a “very well respected family”. He added, “The fact that he is here in court will bring it home to him that this is not acceptable in modern society.”

Judge McCarthy remanded the man on continuing bail to appear again at Ennis District Court on March 21. He ordered the preparation of a probation and welfare report to include urine analysis.

THE primary school sector in Clare is to undergo its biggest single change since the foundation of the state in the coming weeks with a mass retirement of more than 29 of the county’s most experienced teachers – including at least 12 school principals.

A special investigation carried out by The Clare People last week has revealed that more than 1,000 years of collective teaching experience is to be lost to the schools of Clare at a stroke in February, as a hoard of teachers call time on their teaching careers ahead of the February 29 pension deadline as set out in the Croke Park Agreement. The Clare People last week contacted each of the county’s 145 primary schools in an effort to establish the scale of the retirements. More than 100 schools responded to the survey, with schools in North Clare, the Shannon area and Ennis the worst hit by the retirements.

Primary schools in one area of North Clare will see a massive principal turnover, with Michael O’Connor (Moy), Kevin Glynn (Lahinch), Declan Kelleher (Corofin) and John Hehir (Lisdoonvarna) all retiring, while John Reynolds (Liscannor) will be retiring at the beginning of this school year and Michael Canavan (Ballyvaughan) took up a position at a Galway school earlier this year.

Former Clare hurling manager, Ger Loughnane, is also to retire from his principal’s role at St Aidan’s in Shannon, while two other principals in the area will also retire.

The final count of teacher retirements is likely to be higher than the 29 confirmed in The Clare People survey, with many schools reporting that senior members of staff are still making up their minds as to whether they will call it a day or not. A number of schools also declined to take part in the survey, preferring to keep the number of teachers who plan to retire private for the time be- ing.

Under the terms of the Croke Park Agreement, teachers who retire before February 29, 2012, will have their pension and lump sum calculated on their pre-cut salary or the salary they were earning before the pay cut imposed in January 2010.

A teacher who retires after 36 years of service – on a current salary of € 61,683 – will receive a lump sum payment of € 88,839 and an annual pension of € 28,387 should they retire before the end of February.

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.

AN ON-FARM slaughter scheme, which is available in major beef-producing counties such as Meath and Kildare, would save Clare farmers thousands of euro and stop viable beef going straight to the knackers yard.

According to Clare County Councillor Paul Murphy (FG), Clare farmers with injured animals are being penalised on the double, as on-farm slaughtering is not available to farmers with cattle with minor injuries.

The Clarecastle councillor said that animals with a broken bone, who have not “fallen”, are being refused by abattoirs when taken there by the farmer for slaughter.

“These mildly hurt animals are being turned away from the abattoir and the animals have to be put down and the meat disposed of,” he told members at the January adjourned meeting of the council.

The farmer is then at a financial loss on the double, he explained. Firstly, he has the loss of the value of the animal, and then has to pay a hefty sum to have its remains disposed of.

He called on the agriculture minister to review the efficiency of the onfarm slaughtering services scheme, particularly where an animal with a broken limb, but who is otherwise healthy, can still be transported humanely to the abattoir rather than that animal be classified as a fallen animal.

Cllr Pat Burke (FG) told the members that there is a farm slaughter scheme in place, where the animal is shot and bled out on the farm.

He raised concerns that the meat can be damaged when dragged into the trailer during such a process, however, and suggested that the ideal scenario would be to see these animals slaughtered in an abattoir.

The farm slaughter scheme does not seem to be available in Clare.

Cllr Michael Kelly (FF) said, “During a recession, it is unfortunate that the farmer is left with a loss of up to € 1,000 to € 1, 500.

“Bringing the animal to the factory would be less destructive for everyone,” he said.

Ennis councillor Tommy Brennan (Ind) raised concerns about the safety of meat from an animal with a minor injury, which was slaughtered on a farm.

“Would this go in for public con- sumption and who would decide if it is safe for human consumption?” he asked.

“I think where possible it would be safer to transport the animal to the abattoir.

“For the on-site process, there would be a vet to say if it was safe for animal consumption,” answered Cllr Joe Arkins (FG).

Supporting the motion, the mayor, Cllr Pat Hayes (FF), said that the council was asking for a change in policy to allow animals with minor injuries to be brought to the abattoir as soon as possible rather than to the knackers yard.

A WOMAN has received a suspended sentence for her role in an altercation in Ennis town centre on New Year’s Day.

At Ennis District Court on Wednesday, Rose McDonagh (29) with an address at 31 Childers Road, Ennis, pleaded guilty to a section six public order offence.

Insp Tom Kennedy told the court that the accused became involved in a fight with another woman on Abbey Street, Ennis at 2.30am, January 1.

The court heard that McDonagh has 24 previous convictions. Solicitor Tara Godfrey said her client had been on a night out with a friend. She explained that while McDonagh was waiting for a taxi, another car pulled up.

Ms Godfrey said the women in the car were female relations of a man who previously beat her client up. She said the assault was so serious that the man is now in prison.

Ms Godfrey added, “She pulled her hair and she pulled her hair back. It was a very wrong thing to happen.”

Judge Aeneas McCarthy sentenced McDonagh to three months in prison. He suspended the sentence on condition that she be of good behaviour for a period of two years.

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.”