Category: News

A JUDGE has dismissed a case against a former Clare hurler taken over signs allegedly erected on the side of a road.

Judge Aeneas McCarthy dismissed the case against Niall Gilligan (35), a member of Clare’s 1997 All Ireland hurling winning team, citing issues with the chain of evidence.

Clare County Council brought the case against the well known Sixmilebridge based auctioneer, alleging that Gilligan had erected a sign on the road near O’Callaghan’s Mills contrary to Section 19 of the Litter Pollution Act.

Mr Gilligan, a key member of the Clare team that won last year’s All Ireland Intermediate Hurling Championship, represented himself in the proceedings.

Eugene Joyce, Environmental Patrol Warden with Clare County Council, told the court that he had been on duty near O’Callaghan’s Mills on October 19, 2010.

He said he saw a sign for Gilligan’s auctioneer firm on the side of the road. Mr Joyce took a photograph of the sign.

Solicitor for the Council, Lisa Walsh, said this constituted an offence under Section 19 of the Litter Pollution Act.

She added that the sign was visible from a public place and that Gilligan had not obtained permission from the landowner to plant the sign.

However during the course of the proceedings, Judge McCarthy questioned an official document handed in by the Council.

He said the County Manager should have signed the document as he is “chief executive and all authority derives from him to his subordinates”. The court heard that the document granting Mr Joyce the authority to give evidence on the Council’s behalf had been signed by one of the Council’s Director of Services.

Judge McCarthy said, “This man (Gilligan) is representing himself and I have to see that he gets a fair trial”. He added, “The chain of evidence has to be complete and you have to prove it beyond reasonable doubt.’’

Judge McCarthy said that as the defendant was not legally represented, he had a duty to see that he received a fair trial.

“In accordance with that full duty, I am putting you on full proofs,” he added.

Judge McCarthy asked if the Council was willing to proceed with the case. Ms Walsh said the Council would “proceed briefly” with the case.

After hearing the Council’s case against Mr Gilligan, Judge McCarthy dismissed it. He told Gilligan he was not required to say anything on the matter.

As Mr Gilligan attempted to speak, Judge McCarthy said;

“There is a saying, when you’re not in a hole, you don’t have to start digging one for yourself”.

On the matter of costs, Gilligan told the court he is self- employed and had been forced to pay someone to fill in for him on days he appeared in court.

He sought costs to cover “loss of earnings”. Judge McCarthy made no order regarding costs.

A NIGERIAN doctor who made history by becoming the first immigrant to be elected to public office in Ireland has said that Ennis is “absolutely” not a racist town.

Taiwo Matthew, who was elected to Ennis Town Council in 2004, said yesterday that he has never been subjected to racist abuse since moving to in Ennis in 1999.

He said, “Me as a person, not at all. I’ll be honest. I will tell you that I have never experienced (racism) and I would not trade Ennis for any town in Ireland. I say that sincerely. Everybody might have a different opinion but I can tell you that even within the African population, the majority of people will tell you that Ennis is one of the best towns.”

Mr Matthew lost his seat at the 2009 local elections. He said his success in getting elected in Ennis would not have been possible without the support of a broad section of the community.

He said, “I couldn’t have done what I did. I couldn’t have been elected without the support of the people. I have always said that that is a reflection of the maturity of the people in Ennis, in their hearts and minds. You know, to elect somebody from the continent of Africa, you would have thought that was impossible. It was the first ever in the country.”

He continued, “If anybody is saying that Ennis is racist, then show me the evidence, show me the facts. I speak and I get involved with people across the community and I have never, never anywhere experienced it (racism).”

He added, “When these incidents happen, they bring it to my notice. Over the past 12 years, I haven’t had five or 10 incidents of racist abuse.”

The father of three was commenting after a man received a prison sentence for an assault on Nigerian taxi driver Batholomew Omoifo in Ennis in June 2010.

Mr Matthew said incidents of this nature are isolated and that the image of Ennis as a racist town is an incorrect one.

He said, “That would not be the perception of the population that I know, the immigrants or the indigenous population that I know. No, I won’t buy that. I have said this before, it is making a mountain out of a molehill.”

He added, “I would tell you that that incident is an isolated incident. In any bucket of grapes, you will always find a bad one. Things will happen. That would not be the perception of Ennis.”

Mr Matthew said that Ennis had welcomed immigrants at a time when other towns and cities hadn’t.

He added, “I have lived in Ennis for 12 years and, when I say I am an Ennis man, I think I have every right to say so! I have been in Ennis since 1999. I have three children. They started primary school here and my first girl is finishing in Coláiste Muire this year, doing her Leaving Cert.”

NEARLY half of households throughout Clare don’t pay for household refuse collection from a registered operator, raising fears that a new ‘black economy’ has emerged around the whole area of waste disposal because of these harsh economic climate.

Ennis area councillor Johnny Flynn (FG) made the claim during a debate on a report on the findings of the Special Policy Committee on the Environment during the January meeting of Clare County Council on Monday.

“I know that 48 per cent of householders don’t have a contract for waste collection,” revealed Cllr Flynn, “and there seems to be a black economy developing, with a lot of people paying people who are not registered operators to remove their waste,” he added.

And, his figures were backed up by Betty Devanney from the environment section of the local authority, while a number of councillors said that the figure of 48 per cent was brought about by virtue of the fact that a growing numbers of house- holders are pooling together to cover their refuse costs.

“Some householders are sharing bin costs,” revealed former Mayor of Clare, Cllr Patricia McCarthy (Ind). “That’s one of the reasons for the 48 per cent. I share a bin and I think it’s good that if people can come to some sort of agreement like that,” she added. “Because of the town we live in, we should encourage more people to share bin costs,” said Cllr John Crowe (FG).

However, Cllr Flynn pressed for the council to put the onus on householders to prove that their refuse is being collected by a registered operator and that their waste isn’t being disposed of illegally.

“In Limerick and Louth they have waste by-laws in place, whereby people have to prove to the council that they have a contract with a registered operator to remove their waste,” said Cllr Flynn. “That should be brought in by Clare County Council,” he added.

“We are aware of Limerick and Louth and the by-laws that are in place,” said council official Betty Devanney, “and we will be discussing that as an SPC meeting to have them in place in Clare,” she added.

KILRUSH Town Council has finally resolved to flush away the public toilet in the town centre that costs over € 200,000 to operate over a fiveyear period, while netting less that € 10,000 in income for the local authority over the same period.

The Council has issued formal notice that it is to extricate itself from a 20-year agreement for the public toilet on Martyr’s Square in the town.

The toilet will still be in operation in 2012 at a rental cost of € 35,910, but to terminate the contract later in the year must pay € 60,382 to Street Furniture Limited.

At the September meeting of Kil- rush Town Council it was revealed that the town authorities were tied to a 20-year contract for provision of the toilet that was signed in 1999 and doesn’t run out until 2019.

At that meeting Independent councillor Paul Moroney had described Kilrush’s public toilet as “the most expensive piece of retail property in Ireland”.

EIRGRID have admitted that a number of renewable energy projects that will “realistically never see the light of day” have been offered a connection to the national grid while other live development, such as the West Clare Renewable Energy Project in Mount Callan, will have to wait for as much as a decade to be given the green light.

EirGrid’s Transmission Access Planning Manager, Simon Grimes, was invited to address last night‘s meeting of Clare County Council and admitted that some projects could face a prolonged wait to be granted a connection.

Miltown Malbay councillor Michael Hillery questioned the EirGrid spokesperson about the reasons for delaying viable projects which have already been granted planning permission.

“We are under the impression that it could take between five or ten years for connection to come for the project in Mount Callan. Between Moneypoint to Dublin we have one of the biggest power-lines in the country and I don’t see why thhis cannot be used to facilitate the con nection in Mount Callan,” he said.

According to Mr Grimes, EirGrid have used the length of time that a application has been made and not whether the projects has received planing permission of is financially viable as the main criteria for agreeing to grid connections.

“The Commission for Energy Regulation ultimately decide who gets connected but they do consult with EirGrid and the ESB. Currently they do decided on connections without taking planning permission into account but my feeling is that this will probably change and,” said Mr Grimes.

“There are a lot of projects that have connection offers that will never see the light of day because of planning permission. At the same time there are other projects who have planning permission but no not a grid connection.

“There are projects that do have a grid offer but do not have planning permission – that is a fact. Some developers try and get the grid connection first – some took to get the planning first. I do think there will be a preference given to projects that have planning permission in the future.”

County Manager, Tom Coughlan, said that given the delays in the connections to the grid it is unlikely that Clare will be able to reach the targets set out in the County Development Plan.

“We have a wind energy strategy which has been developed by ourselves and that means we want to have 515 units developed by 2017. If it is going to take a decade for them to get connected it will be extremely difficult for us to reach the targets which have been set.”

A COURT has heard how a 15-yearold boy who suffers from serious behavioral disorders was told he had to wait two years to access treatment for drug problems.

The boy, accompanied by his family, appeared at Ennis District Court on Friday. He was charged with assault and criminal damage arising out a disturbance at a house in the Mid-Clare area.

The court heard that the boy suffers from ADHD, ODD and dyslexia. A HSE social worker told the court that over the past two years there had been a pattern of either threatening or abusive behaviour.

Garda Cathal Nolan gave evidence of arrest, charge and caution. He told the court that when he arrived at the house, the boy was holding a golf club. Garda Nolan said that when he tried to take the club, the boy said, “I’m going to kill you and wreck the place.”

Garda Nolan said an attempt was made to invoke a Section 12 order. He said that when the boy was brought to meet social workers at River House, a HSE office, he became “extremely violent and aggressive,” and had to be restrained and handcuffed.

The boy told the court that he had stopped attending counselling sessions and that he understood that the court had the power to remand him in custody. He also acknowledged his difficulties with drugs. “I asked them two years ago for help with drugs. They tried but said I could not get in ‘til I was 15.”

The boy’s father told the court that he had never seen his son behave in such a violent manner. He added, “He came to me at 13 and said he was taking drugs and that he was feeling bad and that he wanted to get off them.”

The man said the family were told that the boy could not get a place at an addiction treatment centre until he turned 15. He said that 90 per cent of his son’s problems relate to drugs.

Judge Aeneas McCarthy said the boy required proper assessment in a controlled environment. Ordering that he attend Trinity House for a full psychological, psychiatric and educational assessment, Judge McCarthy said that in a volountary situation “where he could walk in and out, it’s not going to work”.

In response to pleas from the boy’s father, Judge McCarthy said: “This is not punishing a young man. This is him being properly assessed.”

CLARE County Council are still awaiting any formal contact from the Department of the Environment advising them which unfinished housing estate in Clare will be exempted from the € 100 housing levy.

The local authority confirmed last night that, although they have received a number of queries from the public about the issue, the department is yet to give them any indication who will pay and who will not.

Last year seven housing estates in Clare wee given Category Four status by the Department of the Environment – which means that they are unfinished housing estates where there is no chance that the developer will be able to finish the estate. It had been speculated that all houses in category four housing estates will be exempted form the € 100 charge.

Speaking at last nights meeting of Clare County Council, Director of Services, Nora Kaye, said that Clare County Council is yet to receive any information what-so-ever from the Department of the Environment concerning possible exemptions .

“The council did have a roll in trying to categories the estate of unfinished estates in the county. There were seven in category four. I am not aware of the rational behind the list that the Minister for the Environment is compiling at the moment and whether that has any connection to the list produced last year,” she said.

“We have not been contacted by the department about this. We have not been asked for statistics from the de- partment about this list. We are trying to determine for ourselves what estates will be categorisesd in what list.“We are getting a lot of queries from the public about their lists and we understand that clarification is coming from the department in the coming days and that would be a welcome move. This does not mean that these are ghost estates – this means that they are unfinished.”

Shannon Cllr Gerry Flynn (IND) described it as “lunacy” that the details of who must pay this charge have not yet been finalised, even though some people have already paid the charge.

“It is absolute lunacy that the Minister for the Environment would not have the list out there. This charge came into effect on the first of January,” he said.

A CONTROLLED explosion was carried out on a suspicious device discovered on the strand at Lahinch Beach over the weekend. The Army Bomb Disposal Unit carried out the explosion on the four foot long metal canister, which was discover on the north end of the strand beside Lahinch Golf Course in the early hours of Sunday morning last.

The suspicious device was discovered by a walker on the beach just after 7pm on Saturday evening, January 7. The walker contacted Gardaí in Ennistymon who attended at the scene along with the Ennistymon Fire and Rescue Service and the Doolin Unit of the Irish Coastguard.

The Army Bomb Disposal Unit travelled to Lahinch from Cork to examine the cylinder and decided to carry out a controlled explosion at the site just after midnight on Sunday morning.

THERE have been calls for new emergency access points to be introduced on a section of the M18 near Barefield. The National Roads Authority (NRA) has been urged to carry out the “retrofit” works to ensure that emergency service vehicles can reach accidents on the road.

The call came after it emerged that an emergency vehicle had to travel almost 20km to Crusheen to attend a single vehicle crash that occurred near the Barefield interchange last week.

Despite the accident occurring close to Ennis, the ambulance was forced to travel north to Crusheen in order to gain access to the southbound carriage of the motorway. Councillor Johnny Flynn (FG), said that in light of recent accidents in the area, the NRA should look at providing access points on the M18.

He explained, “Because of the concrete median there is serious difficulty for emergency vehicles trying to get to accidents. In that case the journey had to be extended by almost 15 to 20km. When the NRA were designing the motorway they didn’t leave room for sufficient ac- cess points. It could have been done at Tubber or Dromore.”

He added, “It would be a matter of retrofitting the motorway. There would be access points every 5km across the concrete barriers. So instead of travelling 20km, if you had multiple access points, you would have a facility to access it.”

Cllr Flynn warned that the situation could be exacerbated if accidents occurred in both the north and south carriageways. “On a foggy day or a day when the weather is really bad, it’s conceivable that you could have accidents at points at either end of the motorway and you would have serious difficulties trying to get to them.”

Cllr Flynn added, “The delay in getting to the accident site would impact on the ‘golden hour’ – which is the critical time frame from the time of an accident to receiving treatment.”

Concern had previously been expressed over the length of the slip roads from the M18 at some of the road’s main access points.

Cllr Flynn said safety works carried out by the NRA were welcome. He added, “the motorway system is much more safer but the frequency of accidents at that location that is quite worrying.”

ENNIS has been ranked as the 16th cleanest town in Ireland in the final of the 2011 Anti Litter League by Irish Business Against Litter (IBAL).

Ennis was deemed again to be clean to European norms with Ennis finishing 16th out of 53 areas surveyed.

The result represents an improvement in its 21st position in 2010. The Chairman of IBAL, Dr Tom Cavan- agh, praised the work of Ennis Town Council and local volunteer groups in maintaining the fight against litter.

He said, “Our environment continues to get cleaner despite a tightening of the public purse at local authority level. This indicates that the fight against litter is not about money. It’s equally about a spirit of local pride and volunteerism among the local community, and we’re seeing a resurgence of this in the current climate.”

The An Taisce report for Ennis praised the appearance of public spaces and residential areas but stated that work needs to be done on approach roads. It stated, “Another satisfactory result but not as good as the Tidy Towns. Neither the Limerick or Galway approach roads are clean to European norms. Over half of the sites surveyed in Ennis got the top litter grade – these sites were not just clear of litter but very well presented and maintained e.g. O’Connell Monument, Ballymaley Business Park, the residential area of Kincora Park and Mark Square. Ennis bus and train Station got the top litter grade but care needs to be taken to sustain this standard.”

38 of the 53 towns and cities surveyed by An Taisce were deemed clean to European norms, a similar number to last year. When IBAL commenced the league 10 years ago only two towns were clean to European norms and one in three were litter blackspots.

Ennis Town Council is to spend an additional € 45,000 on street cleaning activities this year. In his 2012 budget report, town manager Ger Dollard stated, “The council operates a very extensive street cleaning arrangement to ensure that the streets throughout the town area achieve a litter free status. This is important in context of the annual tidy towns competition and in the consideration of other competitions such Irish Business Against Litter (IBAL) league.”