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McGovern to appeal to Supreme Court

A MAN who is serving a six-year jail sentence for killing a 14-year-old boy during an Ennis street row is attempting to bring a case to the Supreme Court, after he lost his appeal against a conviction for manslaughter last July.

Michael Doherty, who lived at Ashline, Ennis, died as a result of a fight outside Supermac’s restaurant on O’Connell Street, Ennis, on June 23, 2007. He died from a single stab wound, having been knifed with a Swiss army knife.

John McGovern (21), of Ballyduff, Barefield, Ennis, was found not guilty of murder by a jury at the Central Criminal Court sitting in Ennis, in February 2009, but guilty of manslaughter. He later appealed the conviction, but lost the appeal at the Court of Criminal Appeal (CCA).

However, McGovern succeeded in his application to have a conviction for possession of a knife on the night of the boy’s death set aside.

His legal team has now made an application to the court to bring an appeal of the CCA decision to the Supreme Court.

This application before the CCA will be heard in three weeks’ time, after which time the CCA will decide whether the case can go before the Supreme Court.

“The Court of Criminal Appeal (CCA) will hear the application. If you lose an appeal, you can seek leave to bring a further appeal on a point of law of public importance. He has applied to bring that and that will be heard in the Court of Criminal Appeal.”

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Children brought together in dance

AN Ennis mother has teamed up with an All-Ireland dance champion to allow children with special needs to pursue their dancing dreams.

The Sparks Dance School in Ennis has been hosting classes in hip-hop for children of all ages with moderate to general learning disabilities and children with autism spectrum disorders.

The classes started last November and are the brainchild of local woman Margaret Hargaden.

Margaret, whose daughter Shona attends classes and competed for Clare at last summer’s Special Olympics, said she wanted to create an environment where children with special needs could meet outside of school hours.

Margaret explained, “Shona couldn’t be meeting her friends after school, they are from all over the county. She needed something. I just wanted her to have a bit of exercise and one other parent asked me, was there anything? I said no one’s going to do anything so I just said, right, I’ll do it”.

Margaret said there has been plenty of interest in the classes from children and parents alike.

She said, “I put posters up in CEIS and in Clare Crusaders and literally it snowballed from that. People just got in touch and it went from there. They love it. I had said every two weeks, but I think we’re going to go every week. They all want it. We never have less than seven but we can have up to 17. It can be fairly manic.”

Margaret continued, “The parents get to meet up. It’s really helpful for us as well. The parents that have to go can go if they have to go somewhere and I have a number I can ring them or text them if a child is upset or anything. If there is any issue, I can get them to come back. They’ll only be 10 minutes away anyway.”

The success of the classes owes much, Margaret said, to the guidance of instructor and All-Ireland champion dancer Mikey O’Loughlin.

Margaret said, “Mikey is brilliant. He’s adapted because some of the kids would’ve problems with noise, if it’s very loud the minute they come in. So Mikey starts it very gradually and he builds it up. Whereas that won’t happen if you go into an ordinary class. It would be too loud. With the lights then as well, he’ll see if they are all ok. He’s adapting to their needs literally.”

Founded in 2000 by local woman Lordes O’Donoghue, Sparks Dance School teaches all styles of modern dance with classes for children, teenagers and adults.

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Parties jockey for position with pressure on Cllr Joe Cooney to join the Fine Gael ticket

A WEEK is a long time in politics and in that very long week for Fianna Fáil in Clare it has turned its fortunes around from a party that was grappling to find a candidate to one that is now confident it can retain its two seats in Clare.

Nationally the party faces political meltdown when it goes to the people in the coming months, but in Clare the soldiers of destiny have begun fighting back with a new private of strong political pedigree.

Dr John Hillery, the 53-year-old son of the late President Paddy Hillery, will join sitting TD Timmy Dooley on the ticket, just ten days after the shock announcement that Minister Tony Killeen is to retire.

In Fine Gael uncertainty still surrounds the number of candidates that will remain on the ticket, with pressure coming on one of its former TDs to run as an Independent candidate in west Clare.

Speculation is mounting that Cllr Joe Cooney, a poll topper in the 2009 local elections will be added to the Fine Gael ticket, while The Clare People can reveal that former Fine Gael TD Madeleine Taylor-Quinn has been approached by a group of people from west Clare who believe the way is open for a west Clare TD. The Moyasta woman refuses to say if she is even considering such a proposition as potential candidates still meet with Fine Gael management.

Meanwhile, Labour is beginning to up the pressure in the constituency with the arrival of party leader Eamon Gilmore on Thursday next to support the party’s hopeful in Clare – Michael McNamara.

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Music school relocated after pipes burst

THE impact of last month’s freezing weather continues to be felt with one Ennis music school forced to re-locate due to serious water damage.

Repairs to Maoin Cheoil an Chláir are expected to continue for five months after water tank and pipes burst at the school building at Erasmus Smith House, College Road, Ennis.

The school, which was founded by Fr Harry Bohan and Mícheal Ó’Súilleabháin in 1994, provides lessons in classical and traditional mu- sic to young musicians. Lessons will now be given at the nearby St Mary’s Hall for the duration of repairs.

“We are lucky because the hall is right beside us and that wasn’t damaged. There was a lot of damage but we managed to get everything out this week,” said school director Hans Boller. “When the thaw set in there was so much pressure, the pipes just burst. The water came running down the walls and out of the sockets.”

The water supply situation has stabilised in Clare but the mayor of Ennis, Cllr Tommy Brennan, has warned that water meters may have to be re-installed to avoid being damaged during periods of low temperatures. Cllr Brennan told the January meeting of Ennis Town Council that sub-zero ground temperatures had destroyed many meters. It is thought that hundreds of water meters in the Ennis area were badly damaged by cold weather.

Speaking during Private Members time in Dáil Eireann last week, Fine Gael’s spokesperson on Overseas Aid, Human Rights and Clare TD Pat Breen paid tribute to council staff and the local fire service for their efforts during the recent water crisis. “I commend the local authorities on the work they did and in particular Clare County Council in my constituency and the local fire service which mobilised water tankers and set up standpipes in the affected areas. That was done very quickly and these people are to be commended for this. Throughout the holiday period local authorities had to deal with thousands of leaks and it put considerable pressure on local authorities. I am told that in Ennis alone there were 360 breaks since St Stephen’s Day in one small area, which shows the extent of the problem.”

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Soldiers of destiny come out of the corner fighting

IT HAS happened in the past and will probably happen again, that when Clare Fianna Fáil backs are to the wall, the soldiers of destiny come out fighting.

Sunday’s convention was no exception with Fianna Fáil man John O’Rourke leading the charge.

Many arrived at the West County expecting a despondent and defeated party but finding a new candidate with a strong Clare political pedigree seemed to have recharged the batteries.

Firing up the delegates Mr O’Rourke called for unity of cause and the facing down of the party’s many critics.

With the son of former President and Minister – the late Paddy Hillery – taking his seat at the candidates’ podium, the Kilmaley man even referred to the famous and impassioned speech of Dr Hillery at the 1971 Ard Fheis.

It was during the fallout from the arms trail, which was tearing Fianna Fáil apart, but Dr Hillery rose to the defence of Taoiseach Jack Lynch as forces tried to undermine the leadership.

Facing down the would-be rebels he famously said, “Ye can have Boland, but ye can’t have Fianna Fáil.”

Mr O’Rourke was just as passionate as he introduced Dr John Hillery.

“We have gathered here today probably under a cloud but we apologise to no one. We are Fianna Fáil, one of the biggest national parties founded by our forefathers in 1926.

“And over that length of time up until today we have gone through several fights and we have come out the other end. Let the media nor nobody else, all our critics or the opposition doubt the strength of Fianna Fáil,” he told delegates.

“We will come out of this and we will come out a better party. We had the arms crisis and they said we would never survive it. We had a man from Clare here who said ye can have anything but you won’t have Fianna Fáil.”

These words were welcomed with a resounding round of applause from a fired up crowd.

“So let us go out every man woman and child from Loop Head to Killaloe, from Caherdaven to Bellharbour and fight this election like it was never fought before and elect those two candidates,” said Mr O’Rourke.

Later when Minister Tony Killeen (FF) was asked to announce that Taoiseach Brian Cowan was to stay on and fight for the leadership of the party, the news was greeted by a standing ovation from the growing defiant crowd.

Chairman of the convention Minister Eamonn Ó Cuiv (FF) was also in fighting spirit as he told the party faithful, “I love being written off because it makes me go, and I am sure it makes you go too.”

Only time will tell if the party is capable of keeping this fighting spirit going as they approach many hostile doorsteps during the weeks of the campaign.

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Five men charged after funeral row

FIVE men charged in connection with a row at a funeral in Ennis last week in which a young man had a finger cut off have been further remanded on bail.

Four men are charged with possession of a machete at Drumcliffe cemetery, Ennis, on Saturday, January 8. The accused are Martin Joyce (29), 2 Watery Road, Ennis; David Joyce (34), 8 Oakwood Drive, Ennis; Patrick Joyce (27), 6 Watery Road, Ennis and John Joyce Junior (30), of 17 Glensheen, Gort Road, Ennis.

All four, along with another defendant, John Joyce Senior (59), 1 Watery Road, Ennis; are accused of assault causing harm to Jim McDonagh, on the same date.

All five were brought before a special sitting of Ennis District Court last Sunday week, where they were granted bail. They re-appeared in court on Friday, where solicitor Gearóid Williams told Judge Eamon O’Brien that he was coming on record for three of the accused – John Joyce Senior, John Joyce Junior and Patrick Joyce. Solicitor William Cahir represents the other two defendants.

Judge O’Brien adjourned the case until next month, when the DPP’s directions are expected to be outlined to the court.

When the five appeared in court initially, gardaí objected to bail and described the alleged attack on a man in his 20s as a “deliberate, planned, premeditated” incident.

Inspector Tom Kennedy said that gardaí were opposing bail, based on the seriousness of the charges before the court. He said that Jim and Kathleen McDonagh and family members were attending a funeral at Drumcliffe cemetery, when a number of people arrived with machetes “and set upon Mr McDonagh. He was seriously assaulted. The little finger of his left hand was severed and serious injury (was caused) to his ring finger. He received blows to the head and body.

“This was a deliberate attack; a planned attack; premeditated, armed with these knives. Mr McDonagh is lucky the matter isn’t more serious,” said Insp Kennedy.

The armed regional support unit was drafted in to Ennis to support local gardaí, in the aftermath of the incident.

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Emerging from turmoil with new hope

FIANNA Fáil selected two candidates to contest the General Election in Clare on Sunday last.

Just ten days after the party was thrown into turmoil with the shock announcement that Minister for Defence and Fianna Fáil TD for Clare for 19 years Tony Killeen was to retire, the party had regrouped and appointed two candidates unopposed.

Joining sitting TD Timmy Dooley on the ticket is Dr John Hillery, son of the late Clare Fianna Fáil TD, Minister and President of Ireland Paddy Hillery.

While some delegates quietly grumbled that the Dublin-based and Spanish Point-born doctor had been parachuted in at the last minute, for more the reality that there was no other strong candidate willing to put their name on the ticket hit home.

For the majority Dr Hillery is the great Fianna Fáil hope – he is eager to serve, comes from a strong political pedigree and is geographically well placed between north and west Clare.

Following a week that had seen the party panic that a candidate to fill Minister Killeen’s shoes could not be found, it had hit the jackpot.

At the opening of the convention the chairman of the Comhairle Dáil Cheantair said “the cream rises to the top and that is what we have here today”, as the two men were nomi- nated unopposed.

The nominees to the convention were originally made up of Minister Killeen, Deputy Dooley, Cllr Bill Chambers, Marian Coughlan Flynn and Marina Keane. All but Deputy Dooley withdrew their nomination before the convention began. As the candidates had pulled out before the convention, the name of Dr Hillery could then be added and he with the sitting TD was selected unopposed.

Supporting the nomination of Dr Hillery, delegate John O’Rourke said, “he has an outstanding ability that will deliver stability for our party in Clare. He is a candidate with new ideas.”

Outgoing TD and Minister for Defence Tony Killeen told the delegates he was confident that the two candidates would secure two seats in the four seater constituency and said his decision “or the decision made for me” to step down would be vindicated if this were to happen.

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Calls for Nama to hand over estates

THE Kilbaha-based national organisation Rural Resettlement Ireland (RRI) has called for all NAMAowned ghost estates to be placed into the ownership of local authorities like Clare County Council.

The housing group was invited by the Department of the Environment to submit its proposals for solutions to the growing problem of ghost housing estates.

Chairman and founder of RRI Jim Connolly said priority must be given to social integration when considering the solution to the problem.

In the proposal he said, “Given the unprecedented financial state of the nation, emergency legislation should be passed to vest all NAMA-owned ghost estates in local authority ownership. The only exceptions would be those where private viable solutions were immediately available.”

Under the proposal, each council would consider ghost estates for rehabilitation in their own counties on a case-by-case basis, taking all local factors into account.

“If the main aim incorporates encouragement to establish small enterprises in and around estates, this should be an essential part of the PR campaign seeking tenants,” he said.

The west Clare man, who is also running as an Independent candidate in the upcoming election said many planning restrictions must be subservient to the main aim in this respect.

“Recognition must be given to the practicalities faced by people relocating to set up small enterprises. Two essential requirements in all cases are a place to live and a place to work. Depending on many factors, including the nature of the enterprise, the workplace could be a small addition to the house, e.g. IT business, office work, art work or similar; other cases may require separate workshop space, three phase electricity, broadband, etc,” said Mr Connolly.

“Many ghost estates are unfinished. Once ownership was transferred to local authorities, community employment schemes similar to FÁS schemes might be considered to finish the work required. This could provide opportunities for unemployed construction workers, craftsmen and apprentices needing work experience,” he added.

“Given that these developments were never subjected to common sense analysis as to location, local housing need, potential customer base, possibility of a property crash or above all, how this type of urbanisation adjacent to towns and villages throughout the country was compatible with Irish culture in the broad sense, or indeed with the historical growth of these communities, the nation is now left with a problem of epic proportions. We are faced with the prospect of social, economic and environmental disasters.”

Therefore local development of services and jobs must be encouraged around such estates RRI argued.

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Rallying the troops to face electorate

AT 3pm on Sunday, the news bulletin said an Taoiseach Brian Cowen would announce a decision about his future at 5pm.

It had been another tough week for the leader of Fianna Fáil and his party. Many had spoken in defeatist tones on the national airwaves; others, even within the party, had said Fianna Fáil would not survive.

In the West County Hotel, Ennis, at the same time, almost 500 delegates gathered to nominate their candidates for the next General Election, and the atmosphere was much further from the feelings in Dublin than the 150 miles.

Although everyone knew there would not be a contest, they still came in their droves in cars and mini buses from all over the county.

As former politicians such as Brendan Daly were welcomed back, the new politician on the block was being keenly welcomed among the people who had supported his father decades before.

Dr John Hillery was the great hope of the Fianna Fáil party in Clare. It was now possible to fill Killeen’s seat they believed and the fight was on.

While some, who had already been to the doors and knew the tough reception that was waiting behind most, they believed that all was not lost. The soldiers of destiny had risen and no one had known from where.

It did not reflect the polls and defied all predictions. The question now remained – would the party faithful come out and vote on election day.

If the words of the speakers were heeded, even the dog would be brought to the ballot box.

Standing ovations praised outgoing Minister Tony Killeen.

The delegates took on the media, the opposition and the critics.

And while some left at five – yes they spoke for that long – to hear the Taoiseach’s long awaited statement, the majority remained committed to the cause.

At 5.10pm Minister Killeen, who was making his final convention speech, was handed a document by PRO Michael McTigue.

“The note says, Tony will you tell them the Taoiseach is staying,” he read.

With that the crowd were on their feet, leaving them in no doubt as to where their loyalties lied.

After listening to Minister Eamon Ó Cuiv rallying the troops the delegates prepared to leave.

More than three hours after the 3pm bulletin and Fianna Fáil had begun fighting.

They left the convention with the final words of chairman of the Comhairle Dáil Cheantair Patrick Moloney ringing in their ears.

“We can win this election. We can win these two seats. We can hold these two seats.”

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What have they done for us?

THERE are four members of Dáil Éireann charged with representing the interests of County Clare. Unlike other countries, Irish parliamentarians are all well known to us. They live in our localities, attend our funerals and are available, quite literally on a 24/7 basis for constituents. Their offices and clinics are visible to us and come election time we will meet them all at least once.

But what is it they actually do? How do they spend their time? How are they helping the county of Clare? How are they working for us? How are they delivering for you?

We decided to ask them.

From this week on The Clare People will host the four TDs in four separate weekly columns side by side. The parameters are simple enough. We asked each TD to describe their working week for the people of Clare. Where were they? How will this benefit Clare? What did they get done? They have four hundred odd words to fill – how they do that is their own affair. We will not be editing their copy, but we will be rating them on their contributions. We invite you to do the same.

There are a couple of things to keep in mind. Firstly and most importantly,