Category: News

DETAILS of proposed new flood defences for housing estates near the Watery Road in Ennis have been outlined in a report by Ennis Town Council.

The proposed development comprises of an embankment along the eastern side of the River Fergus between the southwestern edge of Willow Park housing estate and the western perimeter of Westbourne. The embankment is to be constructed on the existing flood plain, which is located between the river and the Watery Road.

The works also comprise a pumping station and an area of ground that will be excavated to form a retention pond for temporary floodwaters.

The Willow Park residents association (2) and David Casey made submissions on the proposed development.

The report states, “David Casey (12/8/11) – raises concerns that the proposed development will result in flood waters been directed to Cusack Road / Victoria Court side of the river and that as such the said development should be refused; Willow Park residents association (9/9/11) – wishes to object to the proposed development on the grounds that it will leave Willow Park vulnerable to increased water levels during flood events.”

The planning report, prepared by Executive Planner, Andrew Hersey, responded to concerns raised by residents of Willow Park and Elm Park that the development will result in an increased chance of flooding to the estates. Referring to reports compiled by area engineers, Mr Hersey writes, “It is stated in these reports that the floor levels of dwellings in Willow Park exceed that of the proposed embankment.”

The report continues, “In this respect the proposed development will not result in an increased chance that this estate will flood during severe weather events. With respect of Elm Park, I note the report from the area engineer on file which states that flooding occurred to Elm Park as a consequence of localised flooding from the road which resulted as a consequence of a blocked storm drain specifically during the flooding event of November 2009 and not as a result of flooding from the river. Works will be carried out on said drain so that this will not happen in the future and that the council are seeking funding with regard to the same.”

The report states that the proposed embankment will be on par with the level of dwellings in Elm Park. “In this case the embankment would have to significantly breach during severe weather conditions so as to cause flooding.”

Mr Hersey recommended that the development proceed having regard to a number of conditions.

A MAN who was jailed for three years for a drugs offence earlier this year has had another drug charge taken into consideration.

In January of this year, father-ofthree Declan O’Dea (38), of Gort na hAbhna, Tulla Road, Ennis, was jailed, after he was found with more than € 4,000 worth of drugs.

Ennis Circuit Court was told heroin with a street value of € 4,133.40 was seized by gardaí, along with drugs paraphernalia including weighing scales and plastic bags.

At the time, the court was told that the accused had a serious heroin addiction, for which he underwent treatment.

At Ennis District Court on Friday, the accused pleaded guilty to possession of drugs.

His solicitor Daragh Hassett told the court that his client had had a bad drug problem. “He is currently in custody. He is thriving physically and mentally. He’s not enjoying it of course,” said the solicitor.

“He is drug-free,” he added.

Judge Joseph Mangan marked it proved and took it into consideration with the other sentence currently being served.

THERE are fears that a contentious housing development in Shannon will not be completed for several months. That’s the view of local councillors, in relation to an affordable housing scheme at Cluain Airne.

The 22-unit scheme development got underway in June 2009 and it was initially envisaged that it would be completed within a year. However, it was subsequently halted and the initial contractor’s contract was terminated.

The scheme got underway despite concerns from local residents, who objected to the project. They stated that they did not want the houses built in the area and argued that there was inadequate infrastructure in the area to cope with the new houses.

Residents have also expressed concerns over the closure of the right of way. A new contractor was appointed in July of this year and the council expressed hope at the time that the project would be completed within 16 weeks of its restart.

At a meeting of Shannon Town Council last week, Independent Councillor Patricia McCarthy said it was important that progress reports are provided, given the difficulties experienced by residents.

“I’d prefer if there was a timescale and if works to be completed were listed,” she said.

Independent Councillor Gerry Flynn said, “There have been extreme problems with this particular development. What happened in Cluain Airne is disgraceful. It has been a total shambles. . . Getting information here is like pulling hen’s teeth. It’s not acceptable to me,” he said. “This has been unbelievable. I hope something like it never visits us here in Shannon again,” he said.

He said that unlike council officials, elected representatives have to defend their seats every five years.

“We have to defend our seats every five years. Officials don’t have to defend their seats. They are pretty much like teachers. They have a job for life,” he said.

Fine Gael Councillor Seán McLoughlin said he was interested to hear how much the houses are likely to cost, as several people have enquired in relation to this.

His party colleague, Councillor Mike Fleming said, “It’s nowhere near being finished. We’ll be lucky if it’s finished in two or three years’ time with the rate we are going.”

Labour Councillor Tony McMahon said he believes that the target finish date – of 16 weeks from the resumption – is not likely to be met.

Town Manager Bernadette Kinsella said, “We will try to file as much detail as we can on a monthly basis. We have a contract with the contractor. It is a matter for the contractor to seek an extension of time. We have received no such request.”

RETIRED Judge Joseph Mangan’s reputation is “bordering on the legendary”, is a “rare intellect”, with a “mind like an encyclopedia”.

As warm tributes were paid to the District Court Judge, who sat in court in Ennis for the last time on Friday, his love of literature, general knowledge, foreign languages and Gaelic games were remembered.

The 66-year-old, who is from Kilmihil, announced on Thursday that he was going to retire the following day, after a 27-year career as a judge. Despite the short notice, colleagues from across the country travelled to Ennis Courthouse for his farewell on Friday afternoon.

The judge, who was appointed to the bench in 1983, has been the presiding judge in Clare since July 2001. During that time, he has sat at Ennis District Court, along with the courts across the county and in Gort, Athenry and Kinvara in Galway. He was one of the country’s longest-serving judges.

Among those in attendance included eight judges, many of who had worked closely with Judge Mangan over the years. They were Judges Tom O’Donnell, Gerard Haughton, Aeneas McCarthy, Gerard Furlong, David Riordan, Michael Patwell (retired), Eamon O’Brien and Tim Lucey.

Judge O’Donnell, who sat in Limerick for several years prior to his appointment as Circuit Judge earlier this year, referred to Judge Mangan as a “wonderful colleague and good friend”. He recalled how when he was appointed a judge, “he marked my card and told me what to do and how to behave”.

“His reputation is bordering on the legendary,” said Judge O’Donnell.

Judge Aeneas McCarthy, who sits in Ennis District Court on occasions, said Judge Mangan is “certainly a rare intellect” with a wide variety of knowledge. He said he always has a “constructive contribution to make”. “He is extremely interesting to have a pint with and is great company,” he said.

Judge Michael Patwell recalled looking at Judge Mangan “with fear and trepidation” when he was practising as a solicitor, but that he later became his “unofficial mentor” when he was appointed a judge in 1990.

He said that Judge Mangan has a “mind like an encyclopedia” and quipped that if anyone is ever on Who Wants to be a Millionaire, the ideal friend to phone is Joseph Mangan.

“It’s amazing what the man knows and the languages he can try his hand at,” he said.

County Registrar Pat Wallace told the judge that his day in the sunset has come and said, “You always maintained your independence and free spirit”.

Solicitor Brian McMahon, on behalf of the legal profession, said he was always treated with the “utmost courtesy” by the judge. “Being a judge now in the District Court is very trying and testing. You have handled all of that without fear or favour,” he said.

State Solicitor for Clare, Martin Linnane, noted that the judge was strict in his application of the 42-day rule for completion of Books of Evidence, adding, “I thought you could have at least given us 42 days’ notice!”

“You have shown great patience to many solicitors who go on at length,” he told the judge.

Chief Superintendent John Kerin said the role of the District Court Judge is “complex and difficult” and said that in the face of an increasing workload, the judge treated everyone fairly, “regardless of their standing or background in society”.

Owen Ryan of the Probation Service in Clare and Bill Hamill of the HSE, also paid tribute to the judge, as did the President of the Clare Law Association, Mairead Doyle and Brendan McDonald of the Courts Service.

Mr McDonald said that Judge Mangan had “seen more change than any judge in the country”.

Chief Court Clerk in Ennis, Josephine Tone said she and her staff would be sorry to see the judge retire.

“He never let himself be compromised or influenced. He was always impartial and fair. He had a social con- science, showed sensitivity and was caring for those with addictions or on the margins of society,” she said. He said that the judge always thought long and hard before distributing the proceeds of the court poor box to various organisations every year “for the betterment of the people of Clare”.

“He was always available for courts at any hour of the day or night,” she said. Ms Tone also paid tribute to his wife Susan who she said was always “pleasant and hospitable” to court clerks who called to the house in the course of their work.

ENNIS Town Council is to engage with local and national coach tour operators to determine the need for additional bus parking locations in Ennis. This follows concerns from local businesses and councillors that Ennis is missing out on potential tourist business because of a lack of adequate bus spaces and facilities in the town centre.

Town Engineer Eamon O’Dea said last week that the council are engaging with local tourism operators and the Coach and Tourism and Transport Council of Ireland (CTTC) “to see what coach parking facilities are required before further expenditure is incurred by the council”.

Mr O’Dea explained, “This is necessary to determine whether additional set-down or parking locations (or both) are required. Bus parking is generally provided in the car parks of the hotels where the coach tourist is staying.

Mr O’Dea was responding to a motion submitted by Cllr Johnny Flynn (FG) to the September meeting of Ennis Town Council. Cllr Flynn called for the council to provide (1) drop-off points in town locations; (2) coach parking at Temple Gate carpark previously used for coaches; (3) facilities for coach drivers to maintain, clean up; (4) rest facilities for drivers. He also called on the council to work with other organisations on incentive schemes to increase coachbased tourism.

In his report, Mr O’Dea stated, “Ennis has two bus parking locations at Friars walk car park to the rear of the Museum and three bus parking locations at Glór. There was eight bus parking locations in the Friars Walk car park adjacent to the Dunnes Stores multi storey car park and they were converted into long stay car parking due to issues with caravans in the area. The council intend to provide additional bus parking location to the rear of the Museum in the Friars Walk carpark”.

Mr O’Dea continued, “I understand that the bus drivers clean buses at the end of each day and they generally have the required equipment with them on the buses. There is a reciprocal arrangement between coach companies in the provision of facilities if required”.

Cllr Frankie Neylon (Ind) said space for cleaning buses is a “major requirement” for coach operators. Cllr Flynn said Ennis needs to make more of its town centre. He said O’Connell Street has been listed in the top 60 of the world’s greatest places by the Project for Public Spaces (PPS).

IN HIS FINAL speech on the bench at Ennis District Court, Judge Joseph Mangan asked for forgiveness of anyone he wronged or anyone who suffered as a result of his actions over the years.

After telling listeners twice that he was overwhelmed by the tributes, he said that he was seeking “forgiveness to anyone I may have wronged or anyone who suffered through any mistake I made during my time on the bench. I appreciate that forgiveness might not be readily forthcoming but that’s not to stop me seeking it”.

“I’m overwhelmed by these plaudits. I’m at a loss to know what I’ve done to deserve them,” he said, as he prepared to bid farewell to a career as District Court Judge.

The career spanned almost 30 years; 17 and a half of which were spent travelling around the country, before he was appointed to his native Clare in 2001.

During that time, he came across people from all walks of life and, in his farewell speech, he didn’t forget any of those. From court clerks, to gardaí, to prison service staff, to the caretakers of Ennis Courthouse to solicitors, to probation service staff, to traffic wardens, to the media – there were words for everyone.

He had a particular word of praise for retired caretaker of Ennis Court- house, Ned Monahan, and said he was “particularly pleased” to see Ned in attendance in the packed courtroom. He also had high praise for Ned’s successor, Seamus Mullane, who is the current caretaker.

He said he had “nothing but the best of memories” of gardaí who served in the Clare district and paid special tribute to those who prosecuted courts in front of him. “You never see an inspector at a photo call but when things go wrong they are the ones who get the flak,” he said.

He said that the State Solicitor for Clare, Martin Linnane, adopted a “passionate and common sense way” in dealing with prosecutions, “never seeking a pound of flesh”. He said that solicitors in Clare have adopted a “standard of advocacy that is second to none in this country”. He said he was particularly flattered that eight judges turned up to wish him well and said that recently retired Judge Michael Patwell had been a huge support to him over the years.

In reference to Judge Eamon O’Brien, who has sat at Ennis Court on occasions in recent years, Judge Mangan said, “You could be seeing more of Eamon in the future. I don’t know what the odds are but I think they are better than Dana!”

He said that the Clare District was unique in that there have only ever been four judges appointed – Judges Dermot Gleeson, Gordon Hurley, Al O’Dea and himself.

He described the court clerks as the “unsung heroes” of this court, who, “do all the donkey work” and like garda inspectors rarely appear in front of the cameras but pick up the pieces when things go wrong. He paid tribute to his wife Susan and four children for their support over the years.

Thanking all who attended for the occasion, he stood up for the last time at 4.05pm on Friday. Showing emotion and trembling and with a pile of retirement cards in his hand, he rose for the last time and walked quietly to the judge’s chambers. It was the end of a memorable career on the bench.

THERE are 551 people on the waiting list for housing in Shannon, 200 of who are in receipt of rent supplement. The figures have led to the problem being described as “epidemic”.

More than half of those waiting are single adults (261 of those on the list are categorised as ‘one adult’). 73 of the applicants are one adult and one child; 31 are one adult and two children; 12 are one adult and three children, while one applicant has four children and another has five dependents.

The figures show that 44 of those on the waiting list are couples without children, while 107 have children – ranging from one child to six children. The remaining applicants consist of three or four adults.

Those were the figures delivered to Shannon Town councillors at their monthly meeting last week, in response to a query from Sinn Féin Councillor Cathy McCafferty.

The meeting was told that of the 551 applicants on the list, 468 have been approved for housing for more than one year, while 378 have been approved and are waiting for more than two years.

Councillors heard that Clare County Council has provided 12 properties in the town under the Rental Accommodation Scheme (RAS), while it has acquired one property through the Social Leasing Scheme.

“The estimate for 2012 is likely to reflect the result of the review currently underway. It is not possible to provide an estimate for 2013 and 2014,” stated Shannon Town Man- ager Bernadette Kinsella, in a reply to the motion.

“The council is not in any discussions with any voluntary housing association with a view to building in Shannon. A meeting with all voluntary housing groups operating in the county is planned for early in the new year,” she added.

In response, Cllr McCafferty said she realised “with horror” that “practically 25 per cent of the waiting list [in the county] is in this town alone”.

“There must be 40 or 50 people chasing the three or four that are available at the moment,” she said.

Referring to the length of time people are waiting to be housed, she asked, “When do you envisage that they will be housed? I’d like to see a more positive answer.”

Independent councillor Gerry Flynn said, “It is worrying. Housing problems in Shannon are at epidemic proportions… There is going to be no housing going into Shannon in the future.”

Independent councillor Patricia McCarthy said, “There is no doubt we have a serious housing problem in Shannon. We have a shortage of houses. We don’t want a situation where we are going back to three or more generations living together. That was the 50s, the 40s, the 30s.”

Ms Kinsella then told the meeting, “The figures reflect a high number on the list in Shannon. Shannon is the largest town in the county outside of Ennis.”

She said that a review is ongoing and a truer picture will be available by the end of the year.

“There will be a reduction because people have left,” she said.

AFTER SITTING on the bench at Ennis District Court for more than 10 years, Judge Joseph Mangan’s final day in court was filled with good wishes, with a bit of luck for the very last defendant who came before him.

The judge’s farewell speeches were timed for 2.30pm but ran a little late as the final cases were being heard. As the courtroom began to fill up with wellwishers – mainly members of the legal profession, the probation service, current and former colleagues and gardaí – after lunchtime, Judge Mangan quipped, “I see a lot of familiar faces in the court. I think I may have to disqualify myself from a lot of it.”

Moments later, he let the last defendant before him off the hook. It was a road traffic matter and the judge told the accused, “You are the equivalent of the one millionth purchaser of the Volkswagen Beetle. Go and sin no more.”

Earlier in the day, during one of the judge’s last cases to hear, a solicitor suggested a lenient penalty for his client, given the occasion.

During a hearing into a public order charge, solicitor Stephen Nicholas suggested that his client be given the chance to contribute to the court poor box “given the day that’s in it”. Judge Mangan replied, “I thought you were going to say given the day that’s in it, a contribution to myself.”

He agreed to the request and dismissed the charge under the Probation Act on condition that € 100 be paid to the poor box and this was done immediately.

A REVELATION that the county dog warden has had to call on gardaí for support while working in Shannon has created shock waves in the town.

The issue was discussed by Shannon town councillors last week after the county’s dog warden Frankie Coote told The Clare People that the issue of dog control in Shannon was the worst in the county and that he has been forced to contend with severe abuse from dog owners.

A motion was tabled by Fine Gael Councillor Vincent Coleman who said that the issue of stray dogs was causing problems in the town.

In response, the council stated that the dog warden has issued a number of fines where he came across complaints relating to repeat offenders.

“Clare County Council has a contract with the ISPCA under Section 15 of the Control of Dogs Act, 1996, to carry out the council’s functions under that Act. The council has been in contact with the ISPCA dog warden who has reported that over the last six months there has been dog control issues in Shannon and he has spent much of his time in the Shannon area.

“On many of his visits he has had to bring the gardaí with him to intervene in some of the complaints. He has also issued a number of fines, where he came across complaints which were repeat offenders. The dog warden will continue to visit Shannon on a regular basis,” stated the council’s response.

In reply, Cllr Coleman said he was satisfied with this and said he appreciated that the staff in the dog control section were understrength. “They are trying their best,” he said.

Independent councillor Gerry Flynn suggested that Mr Coote be invited to meet with councillors. “He has to get the assistance of gardaí. This is not on. The abuse he is getting, he cannot tolerate it. I suggest we bring him in and do what we can to help that man,” he said.

Labour councillor Tony McMahon said the abuse suffered by the dog warden is “not acceptable”. He said that several people walk their dogs without leads and they are not controlled. “It’s dangerous. There is a severe penalty that people should be aware of,” he said.

Fine Gael councillor Seán McLoughlin said he was “disturbed to see that report in the paper”.

“Some type of awareness has to be made to the owners that they have a responsibility,” he said.

LIKE a hare that escaped the greyhounds is how Judge Joseph Mangan has this week described his retirement.

In his first interview since his retirement, the 66-year-old told The Clare People that his “initial feeling is like the hare that has got to escape before the grounds come. I am relieved to get to the finish line before I got the sack.”

“I’ve been on the bench for 27 years. It’s a long time to spend at it. I think I have worked very hard. I have had enough. I’m of retirement age. I could have retired last year if I wanted to. The job isn’t getting any easier. The volume of work has increased enormously,” he said.

“I’d feel very cheated if I didn’t get to enjoy a few years of retirement,” he said.

He said that he gave informal notice of his intention to retire at the end of July but the President of the District Court asked him to reconsider and defer his final decision until September.

“I did so and I gave formal notice of retirement in the first or second week of September,” he said.

During his time as a District Court Judge, he has always aimed to remain objective and remain detached, something that was not always possible. “The judge’s mind is a clinical mind… By and large you don’t bring it home with you and the same ap- plies to prejudices. You don’t bring it on to the bench with you. When you are on the bench you are more concerned with implementing the law in a just way, if you can, than you are about implementing an agenda. It’s not the function of a judge to be a crusader,” he said.

“Maybe it’s selfish of me but I was always more concerned about whether I had done the job properly than I was about the sadness of the story.

“You just couldn’t survive in this game if you reacted to every sad story the same as some sentimental person who always brings a handkerchief to the cinema.

“There was one young man I knew who came before me for quite a serious charge. It was not going to be dealt with in the District Court so there was no reason for me to disqualify myself from the case. I had met him when he was a child. He was one of the most mannerly little kids I met.

“When he came before me I found that hard to take. Most people who came before me were for a speeding summons or a bald tyre. They are not hanging offences. There is no problem about that,” he said.

After travelling the country as a moveable judge for more than 17 years, he was appointed to District Number 12 – which covers Clare and parts of Galway – in 2001. He has seen plenty of changes over the years.

“My coming here [to Ennis] coin- cided with the take-off of the Celtic Tiger. Whatever changes I saw it is difficult to discern whether they were caused by the advent of the Celtic Tiger or whether they were specific to this district. Certainly public order cases increased in the district around that time. I think the answer is probably a combination of both [the introduction of the Public Order Act and the Celtic Tiger],” he said.

“I think there has been a very noticeable decline in public order cases in the last three to four years, pre- sumably because a lot of young people have left the country. In relation to drugs, the drugs squad locally are very alert to what’s going on. One thing that has to be a cause for great concern is that when people had a lot of money the tendency was to use softer and safer drugs. Now that money is scarce, we are seeing more of the harder drugs,” he said.

He has seen the family law courts becoming busier in recent years, but said, “Just because the volume of family law cases has increased in the courts, doesn’t mean there has been an exacerbation in family law problems. There were always family law problems but in the past there was greater tendency for people to suffer in silence.”

Over the years, he has had to disqualify himself from hearing cases, due to his acquaintance with defendants.

“That was very simple. In a parking court I would have no problem dealing with my grandmother because she would be one of 50 people who are all dealt with in a similar way. In a family court if you have the slightest acquaintance with a person you don’t touch the case.

“Other cases are in between. Sometimes I would disqualify myself. Sometimes I would deal with the case,” he said.

“What no judge appreciates is being ambushed in court, observing a defendant in court flanked by one or two mutual acquaintances lest that the judge might not know who the defendant was, the acquaintances often being pillars of the community,” he added.

“There are occasions when somebody will try to bully the court. Sometimes fire must be met with fire,” he said.

Throughout his career, several of his rulings have been overturned by a higher court. “It’s just another person’s opinion.

“That person is entitled to his or her opinion as I am entitled to mine. I have my day’s work to do. If there is an appeal, the case becomes somebody else’s problem,” he said.

“I never worried about giving decisions in criminal cases. If I had a doubt I would dismiss the case. The law states you must have a reasonable doubt. I have to confess I never quite knew the difference between a doubt and a reasonable doubt,” he said.

“I never worried unduly about wronging the State in a criminal matter because the price we pay for a half civilized legal system is that 1,000 guilty men must walk free to ensure that we don’t convict the innocent man.

“Even with the system we have, innocent people still get convicted,” he said.

“Wronging an individual is another matter and that troubles me as I’m sure it troubles all my colleagues. One would especially want to get it right in a family case. It’s not always easy,” he added.