Category: News

A COMPANY director who had been convicted in court over a claim for a windscreen has had the conviction overturned on appeal, at Ennis Circuit Court.

Justin Wall (46), of Western Garages, Mill Road, Ennis, had been convicted and fined €1,250 at Ennis District Court last October, after he was convicted of claiming for a damaged windscreen without the consent of the customer in question. On that occasion, the court was told he instructed another person to process a motor insurance claim without the consent of the insured person.

Agnes O’Loughlin of Glencurragh, Ballyvaughan told the Circuit Court last week that she traded in her car at Western Garages early in 2004.

There was a tiny mark on the windscreen after a chip had hit it some time previously, but she said she never discussed this with the garage. She received a letter from FBD Insurances in April 2004, advising her that her claim had been dealt with. This surprised her as she hadn’t made a claim. When she saw a copy of the claim she knew it was not her signature and said she hadn’t given anybody permission to forge her signature.

The court heard FBD Insurances paid a total of €224.15 for the replacement.

Paddy Kelly of Ennis Windscreen and Exhaust Centre who fitted a new windscreen, told the court, “I filled up the form. I signed Agnes O’Loughlin’s signature.”

He said he was not instructed by Justin Wall at any stage to forge Mrs O’Loughlin’s signature and said he did it “solely out of convenience.”

Justin Wall told the court the car would not have passed the NCT as there was a stone mark on the windscreen.

He said the issue had been a “huge embarrassment” and “a slur on our reputation”.

Defence Counsel, Pat Quinn said Mr Wall had been in business for the past 25 years and has never come to the adverse attention of gardaí.

“He honestly believed he had the authorisation of Mrs O’Loughlin to do what he did. . . he may be many things but he is not a criminal,” said Mr Quinn.

Judge Carroll Moran said it was accepted that Mrs O’Loughlin’s evidence was truthful and said it was “unwise for parties to forge her signature.”

He said a jury would unquestionably acquit Mr Wall and he allowed the appeal.

ONE of the country’s leading campaigners for the homeless has backed a proposal for a homeless hostel in Ennis.

Fr Peter McVerry, who has long championed the cause of homeless people through his work with the Arrupe Society, was in Ennis last week to speak to parishioners at Ennis Cathedral to mark the season of lent. After the mass, he told The Clare People that the provision of adequate housing and hostel services for the county’s homeless would only be beneficial in the long run.

“I would always say that the neighbourhood is actually much safer when people have somewhere they stay rather than out on the streets. If they are out on the streets then they are going to be far more trouble to the local community.

“A kid that is tucked up in bed at two o’clock in the night is not out robbing the neighbours. The neighbourhood is safer when we provide these services. If we fail to provide these services, then these people become increasingly angry, increasingly desperate. It creates more fear and more insecurity for the neighbourhood.

“I think leaving people to sleep rough on the streets has no benefit to anybody in the community”.

In December, the Society of St Vincent de Paul announced that the number of people presenting as homeless to Clare County Council’s homeless unit had doubled since 2003 from 247 to 544 last year.

The organisation intends lodging plans with Ennis Town Council for the development of a homeless hostel. But it has stated that it has encountered difficulties in acquiring a site.

Fr McVerry said he understood the concerns of local communities in relation to homeless hostels, but that from his own experiences working in Ballymun, people had little to fear.

“I think that the real issue is how the hostel is managed.

“If it is properly funded and managed, local people have very little to fear, but I can understand the fears.

“It is a major problem trying to get a location. If it is managed and funded by a really reputable body then I think local people have very little to fear”.

But Fr McVerry said the Government remained uncommitted to social and affordable housing, which would help alleviate homelessness.

“The social housing waiting lists doubled throughout the core years of the Celtic Tiger. They are now at an all-time high”.

THE jobs of 110 people working at the Whelan Group’s flagship operation outside Ennis could be under threat following Clare County Council’s restriction of a multi-million euro expansion of the operation to a ten-year lifespan.

Last month, the planning authority granted Whelan Limestone Quarries permission to expand its Fountain operation, but refused planning for two sectors of the plan and ordered that the permission expire after 10 years.

However, in a comprehensive appeal against 12 conditions contained in the planning permission, the Whelan Group has stated that the 10-year restriction “could jeopardize the longterm employment of 110 people that depend on this quarry for their livelihood.”

The Whelan Group had sought permission to extend the life of the quarry by 26 years.

In its appeal, the group states that the 10-year approval “represents only one third of the rock reserves for which planning was sought and this will represent a very short life span of the quarry.” The restrictive conditions “could also endanger the long-term availability of rock aggregates . . . and this may result in the development of other greenfield sites as quarry operations instead of expanding the lifespan of well established quarry that has been in operation since the 1950s.”

They have also raised concerns about the council’s requirement that a separate planning permission be sought for the upgrading to the quarry on the Lahinch Road.

The council gave the go-ahead for much of the plan last month in spite of strong local opposition.

A decision is expected on the appeal in August of this year.

A “BOY racer” who paid almost €1,000 in fines because of a noisy exhaust on his car has now lost his job because of all the time he has spent in court answering summonses, a judge was told.

Twenty-year-old Brian Keane of Kilcolumb, Kilmaley, in Ennis was before Ennis District Court on a summons for having no silencer. After hearing evidence from Garda Michael O’Halloran, who stopped Keane on May 29, the defendants’ solicitor, Daragh Hassett, said his client was “a car enthusiast, some would describe them as boy racers.”

He had been summonsed four times before for the same offence and had paid almost €1,000 in accumulated fines as a result.

“He’s been in court on four Fridays since Christmas and he has now lost his job,” Mr Hassett said, adding that he had pointed out to Keane that his enthusiasm for cars had cost him the job.

The solicitor asked Judge Joseph Mangan to consider imposing a smaller fine because of what his client had lost.

Keane was fined a further €100 and his driving licence endorsed.

THE Urban and Village Renewal Schemes have brought confidence and viability to numerous communities across the county, according to Clare County Council.

The council this week released an update on its projects under the €2 million 2005 to 2006 scheme.

Six of the 13 projects are nearing completion. Work is to begin on three more shortly, with the remaining four described as “progressing” in 2006.

The enhancement of Knock Pier and park area, as well as the upgrading of the seaside amenity in Cappa, Kilrush is almost completed, according to council officials.

The enhancement of Shannon’s Corrib Drive and other parts of Drumgeely, the provisions of a playground and upgrading of the area around the community centre in Doolin, the development of an amenity scheme in Shannon Bank and the development of a river walk in O’Briensbridge, are also expected soon.

Work is about to commence on three key public sites in Clare. These are at Spanish Point, Allender’s Field in Kilkee and Clarecastle.

The UVR funding is also providing much needed improvements and environmental enhancement to the popular beach area of Spanish Point. In Clarecastle, a public park will be made out of a large area of unused land enclosed by the GAA ground, old and new housing, and the local primary school.

Throughout 2006, works will also be progressing in Kilfenora with the upgrading of the square. Environmental works to include landscaping, furniture and park upgrading will take place in Mountshannon. Environmental improvements in accordance with the community development plan, are scheduled for Tuamgraney. Shannon Town Roundabout will be upgraded with the incorporation of a newly commissioned sculpture.

THE woman at the centre of the ‘Ennis pigeon war’ has hit back at the objectors to her pigeon loft, claiming that they have a “personal vendetta” and are “clutching at straws”.

Last week, Ennis Town Council deferred making a decision on the application by May Guilfoyle to install a pigeon loft at her home at 24 Marian Avenue, pointing out that there appeared to be some discrepancy in the drawings submitted.

The application by Mrs Guilfoyle is the source of a bitter dispute, which threatens plans by her son, George Guilfoyle to continue housing 30 racing pigeons at the house.

Their next door neighbours, John and Mary Flynn have told Ennis Town Council that they now regard themselves as “being prisoners in their own home” due to the presence of the pigeons. Solicitors have become embroiled in the dispute ,

The Guilfoyle’s is the only Clare loft ever to come away with a national title, while a number of Mr Guilfoyle’s pigeons have secured numerous runners-up titles. Marian Avenue Residents’ Association have lodged a letter and petition supporting the Guilfoyles.

In their objection, the Flynns stated that they were not aware of the existence of the Residents’ Association.

However, in a rebuttal letter lodged with the council, Mrs Guilfoyle stated, “We are very surprised, in fact, appalled, to hear that Mr and Mrs Flynn have never heard of the Marian Avenue Residents’ Association. One would anticipate that having lived in a closely knit community for 20 years that Mr and Mrs Flynn would be at the very least be aware of the existence of a residents’ association

Mrs Guilfoyle stated, “Photographic evidence can show that pigeons have been kept at 24 Marian Avenue prior to 1985 and Mr and Mrs Flynn bought their house knowing that pigeons were being kept there . . . Therefore, it would appear that perhaps there is another motive to objecting to the planning application and we would politely suggest that in our opinion, the objection is one of a personal nature rather than that of noise, nuisance or dirt.”

Mrs Guilfoyle also refutes a claim from the Flynns that they counted 64 pigeons in the Guilfoyle loft, stating “ . . . we like to keep on average 30 pigeons in the shed. As there is another pigeon loft next door, one wonders whose pigeons Mrs Flynn was counting.”

A decision is due on the application next month.

THE Environmental Protection Agency (EPA) has told Clare County Council that the issue of odour management at its Inagh landfill “is of serious concern to the agency.”

The statement from the agency follows a plea to them from a young mother living in close proximity to the landfill, who said she was ‘praying’ that they could do something to address the odours from the landfill.

In a letter to EPA inspector, Dr Michael Henry, Edel Harvey of Carrowkeel West, Inagh said on Saturday, January 21, “we were stunk out of it all morning.

“This is a situation that we just cannot tolerate any longer. Something has to be done immediately. I have to protect the lives and health of my family.

“I am hoping and praying that you could do something, anything to allay this terrible disgusting situation that we find ourselves in.”

Since Ms Harvey contacted the EPA, the agency has held an on-site meeting and an inspection of the facility with both visits dominated by the odour issue.

Arising from the EPA’s most recent site inspection, the agency stated by letter to the council that “whilst no significant odours from the facility were detected during the off-site odour assessment, significant odours were detected on-site and these were predominantly of a landfill gas nature.”

The EPA opted not to issue the council with a notification of noncompliance.

However, it stated that “it is essential that additional measures are taken to ensure compliance with the conditions of the license with respect to odour management.”

Last month’s inspection followed an on-site meeting between the council and the EPA at the end of January.

Commenting on the situation, the Council’s Director for the Environment, Ger Dollard said: “I am satisfied that the facility is being run to the highest standards.

“We are continuously trying new approaches to resolve whatever issues are brought to our notice and this practice will continue.

“I think the high level of resources being applied to dealing with issues results in a constant focus on operating all activities to the highest standard. At the end of the day it is a landfill and there has to be an acceptance that it is there and that a landfill by its nature does have an impact.

“I believe that such impact has been minimal arising from the extent of resources applied by the council to the ongoing operation of the facility”.

THE jobs of 140 workers at an east Clare timber processing plant are under threat as a result of new strict environmental controls laid down by the Environmental Protection Agency (EPA).

Last month, the EPA awarded a new Integrated Prevention Pollution Control (IPC) license to the Spanish-owned Finsa Forest Products in Scariff.

However, in a strident objection against conditions included in the new licence, the company’s CEO, Virgilio Romero Suarez has told the EPA that having studied the draft licence and discussed its contents “with our parent company, we have concluded that certain provisions will have serious implications for the continued viability of our company”.

Mr Suarez continued, “We are committed to operating the plant in a manner that will minimize its environmental consequences, but we cannot sustain the imposition of environmental conditions that are not imposed on any of our competitors within the EU.”

Enterprise Ireland has come to the aid of the processing plant by also lodging an objection against conditions in the licence, pointing out to the EPA that if the restrictions imposed are not lifted “it will impact negatively on the company’s competitiveness and threaten 140 jobs in Scariff”.

Any move to close down operations would have a massive impact on the east Clare economy as Finsa’s most recent accounts show that it paid out €5 million in wages in 2004.

At the centre of the dispute between Finsa and the EPA is the agency’s insistence that from now on, it must not use any recycled material in its production process, including recycled materials from Construction and Demolition (C&D) waste.

Finsa points out that the use of recycled wooder is cheaper than virgin wood, demands less energy to be processed and reduces the company’s CO emissions by 2040 tonnes per annum.

A decision on the objections will be known in a number of months.

THE MAYOR of Shannon has warned that the economic boost expected from the decentralisation of 300 civil servants to the town may never materialise.

Fine Gael councillor, Tony Mulcahy, was commenting on recent revelations that there have been just 19 applications to move to Shannon out of 300 needed.

And business leaders are expressing concern that there has been no progress in getting Government workers to shift out of Dublin.

“If the Minister thought that thousands of civil servants were going to pack their bags and move just because that was what he wanted, then he needs to come out of the fog,” said Councillor Mulcahy.

“If this were to happen, as a local representative, of course I would welcome it,” he said.

“But as a businessman, I wouldn’t bet on it happening.

“I had grave doubts about this proposal from the start.”

Cllr Mulcahy said that Beau Walk Developments, the company behind the revamping of Shannon Town Centre “thought they had a whole unit let to Enterprise Ireland, but that was pulled out from under them.”

Chief Executive Officer of Shannon Chamber of Commerce, Triona McInerney said that local business people were beginning to wonder if they would ever reap the benefits that an injection of 300 new workers would bring to the area, with a population of 8,500.

Taking into account the civil servants families, it would mean an increase of more than 1,000 people in the region.

Should the move fall through, the CEO said, “I think there would be huge disappointment here from the business community and the community at large.

GARDA Pat Keating should know within a week if he is to be reinstated to his post at Shannon Garda station, according to the Garda Representative Association (GRA).

Gda Keating (33) was last week found not guilty of threatening a woman in Shannon, after a four-day trial at Ennis Circuit Court.

Keating is facing a public order charge in the District Court in April, in relation to a separate alleged offence in March 2004.

A source close to the garda said he was keen to return to work in Shannon, where he had been stationed for most of his 10-year career in the force.

The GRA supported Gda Keating during the trial. Its Clare spokesman Gda Tom Keane believes Gda Keating should be allowed to return to work in the short term.

“He has been acquitted. He is not guilty of anything and he has nothing to fear. He has been totally vindicated by a jury of his peers.”

Chief Superintendent Liam Quinn, meanwhile, said the decision on Gda Keating’s future rested with the Assistant Commissioner in charge of personnel, Catherine Clancy.

“There is a process to be followed and that is in train. I expect a decision will be made in the short term,” said Chief Supt Quinn. He said there was no general trend in such cases, as the Gda Keating situation was “most unusual”.

“A decision to suspend a garda is made by the Commissioner and is made on the circumstances surrounding a particular case,” he said.

Gda Keating has been suspended since allegations were made against him by his former girlfriend Eavan Drysdale in August 2004. He was acquitted of the charge of threatening her.

The case he is facing in the District Court is a more minor charge, one of engaging in offensive conduct in March 2004, an allegation which did not result in him being suspended.