Category: News

A MAN who abused two young brothers and gave them money or presents not to tell anybody, has been handed a three-year suspended jail sentence.

Thomas Waters (61), of Moore Street, Kilrush – an employee of ESB at Moneypoint – pleaded guilty to 20 counts of indecently assaulting one of his victims in the 1970s. He also admitted 12 counts of indecent assault and one count of buggery on another victim.

Waters was a judo instructor in his 20s when he committed the offences, over a five-year period. The abuse took place when the boys were between the ages of eight and 14, mainly at the accused’s home. Both victims are now in their 40s.

Handing down sentence, Judge Carroll Moran said Waters abused his position of trust. “He would give them presents or money – £5, which was a lot then – if they promised not to tell anybody,” he said.

Referring to a previous conviction which was revealed to the court for the first time last week, the judge said, “He does have a previous conviction for a similar offence.” The judge noted that the accused has been receiving psychiatric treatment for 20 years.

“He is suffering from a disease which cannot be cured. His treatment would be undone if a substantial prison sentence was imposed, where he would be incarcerated with other sex offenders,” said the Judge.

He said the accused had four more years to work and, if he lost this time, he would lose one-third of his pension. He noted that Waters was remanded in custody for over a month, at a previous sitting of the court.

“This is a difficult case. I have to decide if I should impose a custodial sentence. He has spent five weeks in prison and it cannot be said he has stayed out of prison on these matters. I cannot get over the gravity of this case and the trauma caused to the victims and the longevity with which they had to endure it.

“On the balance, society would be worse off if this man went to prison,” he said, adding that he would impose a three-year sentence, suspended for three years, on condition that he would not commit any offence of a sexual nature during that time. He ordered that each of the victims receive €30,000, which was Waters’ life savings and was brought to court by the accused.

THE people of Crusheen are in a state of shock today after the body of 19-year-old Joseph Browne was discovered in Achill Island yesterday afternoon. The discovery followed an intensive two-day search involving members of the Achill and Westport coast guard, the Garda Water Unit, Joseph’s classmates from NUI, Galway, as well as his friends and family from Crusheen.

Joseph’s body was discovered in Keel Lake by a member of the Garda Water Unit around 3.30pm yesterday and was identified at the scene shortly afterwards. The body was taken to Mayo General Hospital, where a postmortem is due to be carried out.

Joseph had been in Achill as part of a traditional weekend away for the First year medical students from NUI, Galway. He left his classmates at approximately 9.30pm on Saturday evening to return to their lodgings in Keel Village, but was reported missing sometime after midnight.

One of his classmates managed to contact him on his mobile phone, but raised the alarm when Joseph’s phone suddenly went dead. A major search of the surrounding area took place on Sunday but revealed nothing.

The first trace was discovered at noon on Monday when the hat that Joseph had been wearing was discovered close to Keel Lake. A busload of people had made the journey from Crusheen on Monday to take part in the search.

Joseph is survived by his parents Michael and Riona and his older sisters Lara and Karen, who is also a medical student. MINISTER de Valera announced her retirement from politics at the next election last year and avoided reporters’ questions at the conference in Ennis at the weekend.

Councillors’ reasons for stating that Minister de Valera should resign were mixed in the poll.

Described as loving and quiet by Crusheen locals, Joseph was a talented musician and member of the local branch of Comhaltas Ceoltóirí Eireann.

A pianist, Joseph also played the violin and concertina and was an exceptional student at Scoil Ioseph in Tulla before going on to NUI, Galway. One councillor said: “She has treated her own supporters shabbily since being re-elected,” while another said that “it is no great advantage to the party that she remains on”.

Another said that she should resign, but not now, while another said that she had undermined her own position by announcing her retirement.

One of the three that said she

Indeed, the President of NUI, Galway Iognáid Ó Muircheartaigh joined some 60 students from the college in Achill on Monday to help in the search efforts.

Dr Ó Muircheartaigh had presented Joseph with a special entrance scholarship in recognition of his high Leaving Certificate results just last week. should remain on said that “Minister de Valera is a very capable Minister and should remain”.

The council has never been a traditional power base for Minister de Valera as she has never served on the local authority where Junior Minister, Tony Killeen and Senator Brendan Daly would have loyal followers amongst the all-male Fianna

“Our prayers are with Joseph, and his family, and also with the members of the first year medical class, at this extremely difficult time,” said Dr Ó Muircheartaigh. Fáil group.

A spokeswoman for Minister de Valera declined to comment on the findings of the poll, pointing out that the Minister de Valera already said last Friday that she had a job of work to do and would not be distracted by the media in carrying out her job.

Counsel for the State Stephen Coughlan outlined to the court that the accused appeared in court in Ennis in September 1983 on a sexual assault charge, where he got the benefit of the Probation Act.

He was also found guilty of breach of the peace, at Ennis District Court in September 1991, where he was ordered to keep the peace for two years and to stay away from members of a particular family.

This was the first time that this revelation was heard in court. Mr Coughlan said the records had not been available at previous hearings.

“It’s unfortunate these matters were not before you at the sentencing hearing,” he told the judge.

Defending barrister, Mark Nicholas, said he was not aware there were previous convictions and he said it was unsatisfactory that gardaí told the court there were no previous convictions.

“I’m somewhat embarrassed at the way this has come out at this stage,” said Mr Nicholas.

THE media gathered in the de Valera heartland this weekend, in search of the last woman to continue the name of the political dynasty in Clare politics.

Just hours after the Taoiseach told her constituency on Clare FM of the party’s traditions “that if somebody is not running in the next election and they hold a ministerial office . . . before the election they bow out”, junior minister Síle de Valera arrived smiling through tight lips.

On Friday night, she avoided answering questions on the issue and by Saturday she had decided she just was not going to talk at all to the growing media force.

Instead, she issued a brief statement through her department saying that she “had a job of work to do” and “intended on completing it”.

On Saturday, she moved through a scene reminiscent of student elections merged with an Árd Fheis, on her way to the “Education” workshop, again lips sealed except for her customary hello.

Having arrived in the conference hall quietly alongside her ministerial colleague Mary Hanafin, a round of applause was called for the outgoing TD by Clare County Councillor Cathal Crowe, on his taking of the podium.

With business out of the way, Eamonn de Valera’s granddaughter left the hotel.

And so it was for others to comment on the “controversy”.

Those who would not speak on the record said it was badly handled, or signalled she should go, mainly so they could have a nice job.

Who needs one political dynasty replaced by another Haughey dynasty, when there is a job up for grabs?

Those with a more secure senior ministerial job had nothing to lose by praising their outgoing party colleague.

Minister Dick Roche described the situation more as a debate rather than a row, referring to the Taoiseach’s genteel nature when dealing with such issues.

Minister Michéal Martin believed that the appointment of ministers was “ultimately the prerogative of the Taoiseach” and described his Clare colleague as “a fine representative”. And finally the Taoiseach arrived.

At the informal press conference, he too was remaining tight-lipped about his comments the previous day.

So when Minister de Valera arrived back to the West County Hotel, what could they do but kiss and make up.

He told her the gathered press “were worrying about us”.

With the pictures out of the way, all seemed well, if it wasn’t for the panic stricken look on the chief Fianna Fáil press officer’s face as the press overheard “the conversation” between the pair.

And so as the Fianna Fáil party celebrated into the night it became apparent this woman was not for moving…just yet!

FEARS have been expressed in the Dáil that the Ennis-Galway rail-line will not be subsidised by Government. Iarnród Eireann claims that subsidisation is vital for the re-opening of the line.

As part of its “Transport 21” programme, the Government has made a commitment to re-open the EnnisAthenry line, linking rail services to Galway City, by 2008.

However, speaking in the Dáil, Fine Gael deputy, Pat Breen, expressed concern that the €300m€400m price tag of the western rail corridor would be soaked up on capital expenditure and that routes of the corridor would not be subsidised in the same way as other routes on the rail network.

“Will the rail line be subsidised similarly to other routes and will there be added incentives initially to encourage commuters to use the line?” he asked.

“The Minister should note the outstanding success of the Ennis-Limerick commuter line which was long fought for and once disregarded as being unworkable and commercially unviable. I use the service from time-to-time, when travelling on to Dublin.

“It allows one to escape the madness, chaos and unpredictability of travelling by road to Dublin. The service has been expanded since it was first announced, with the result that there is considerable pressure to expand the parking facilities at Ennis Railway Station.

“The Ennis-Athenry-Galway line will also be an outstanding success and I hope the work thereon will be completed in the timescale proposed by the Minister. It would link up two very important cities, Galway and Limerick, and would allow for an option to travel to Dublin.

However, in response to Deputy Breen’s queries, the Minister for State at the Department of Transport, Pat “The Cope” Gallagher, failed to provide any new information.

Councillor, Brian Meaney (GP) has expressed similar concerns about the Government’s commitment to the proposed rail service.

He alleges that Iarnród Éireann are not proceeding with any further work on the reopening of the rail line north of Ennis, until they get assurances that funding will be put in place to subsidise the running of the line over the next 15 years.

“This is the same management that wanted to close the rail link to Limerick as the claimed it could never be a success. Irish Rail should publish a work schedule for the reopening of the rail link to Galway and become part of the solution rather than the problem.”

COUNTY Clare must live with any decision made by Minister for the Environment and Local Government Dick Roche on the proposed controversial boundary extension.

The Minister this week confirmed that there would be no appeals system to his ministerial decision on the possible extension of Limerick city into counties Clare and Limerick, expected to be made in the next number of weeks.

Although the discussion rests solely with the Minister, he indicated it would have been more successful had the issue been dealt with at local level.

“It is so much more sensible for people at local level to sit down and resolve the issues than it is for people at central level to do it.

“Listening to the Mayor of Limerick, who was giving me a very strong lecture on this recently — and I was listening to him very carefully and precisely — what he actually said was that if Cork, the second city, was at stake there is no doubt in his mind the councillors of Cork and the councillors of County Cork could resolve the issue.

“And I was thinking to myself when he said that, what good solid advice, and maybe he would actually talk to his fellow councillors on both councils and see could they do what he was admonishing me to do in the context of Cork.”

The minister vowed, however, to protect the heritage of the Banner County in any decision he makes.

“Any decisions I make, I will be absolutely anxious to protect what I regard as the heritage and interests of individual counties,” he added.

“I have been doing some thinking about it over the weeks, but as soon as the decision is made I will announce it,” he said.

Speaking at the Ógra Fianna Fáil Conference in Ennis, Minister Roche said he had travelled to the annual event with Clare junior minister Tony Killeen.

“Tony has been telling me that there are tanks ready to roll on me from Clare if I dare make that declaration (extending the boundary into Clare).”

Meanwhile, the three main business organisations in the greater Limerick area, Limerick Chamber of Commerce, IBEC Mid-West and the Limerick City Business Association (LCBA), called on the minister to refer the recommendation to extend the Limerick City boundary to an independent Boundary Commission. All three organisations unanimously agreed that the issue was too politically sensitive to remain in the political arena and requires the objective consideration of an independent commission. The Minister has always maintained that to send it to the boundary commission would have been the “easy way out”.

A SMALL group of residents from one of Ennis’ oldest residential areas has succeeded in their battle to prevent a “mini Ballymun flats complex”.

Ennis Town Council sold lands at Drumbiggle for €830,000 to four developers, Donie Dillane, John Dillane, Alan Collins and Pat Hansbury and subsequently granted planning permission for the developer’s contentious four-storey apartment block complex.

However, the decision was appealed by residents from the Buttermarket area of Ennis, concerned at the impact the development would have on their properties and day-today living.

Now, in a comprehensive ruling, the appeals board has overturned the council’s decision and ruled that the “proposal would also set an undesirable precedent for similar infill schemes within Architectural Conservation Areas of Ennis and elsewhere and would be contrary to the proper planning and sustainable development of the area”.

The appeals board ruled that the proposal, due to “its monolithic layout and form overshadowing of adjacent existing dwellings on Buttermarket Street, would seriously injure the existing built form, character, setting, heritage and residential amenity of the Architectural Conservation Area within which the site of the proposed development is located”.

The ruling came after a strong recommendation from inspector in the case.

The inspector stated: “I consider that in this instance the Applicant has missed the opportunity to create a new building of high quality on the site, whether of contemporary design or otherwise.

“The result is both inappropriate and unacceptable. Whilst the redevelopment of the subject site will contribute significantly to its urban setting, and is being actively sought by the Planning Authority, and is clearly acceptable in principle, I do not consider that this should be at the expense of the visual, environmental and residential amenities of the area, and of the future occupants of the proposed residential units, as I consider occurs in this instance. I therefore recommend a Refusal of Permission for the proposed development.”

The inspector remarked that the design requirements of the scheme had more in keeping with a multilevel development than to the sensitive and high-quality design and aesthetics required for this area, and the protection of the residential and other amenities thereof.

Local resident, Stephen Loftus said that the residents were pleased with the decision, describing the development of a “mini-Ballymun”.

Mr Loftus’s description of the proposal was supported by the Inspector who compared the proposal to “the undesirable form of early multi-storey public housing schemes”.

JUST a fortnight after meeting the Minister for the Environment in Ennis, the Cross Clare Clean Water Alliance protested outside the Ógra Conference at the slow delivery of sewerage schemes for parts of the county.

Speaking from the picket line, Robert Creech said the group were particularly worried about the raw sewage seeping on to the beach in Quilty.

Various governments said they would put a system in place and failed to do so, according to the Quilty man.

He said the water pricing policy had held everything up and accused the Minister of moving the goalposts when it came to providing the much needed schemes.

The protestors said the delay with the sewerage scheme was having a negative impact on development in the area and on tourism.

The current discharge of sewage into the sea had dissuaded tourists from returning and is a health concern, they maintain.

On his arrival, Minister Roche said, “I haven’t changed any goalposts, in fact quiet the opposite. I have tried to get rid of as much bureaucracy as I possibly can. I announced just before Christmas that schemes which were operating under the five million mark (and) which were cleared once by my department . . . would become the responsibility of the council to deliver.”

Last September, the Department of the Marine approved the granting of a licence to facilitate the Quilty Feakle Scariff scheme.

Having got the green light, the scheme was held up at the Department of the Environment over costing issues relating to the Government’s “water pricing policy”.

Terms of the licence are adding an extra cost to the scheme which is to be located in a SAC area.

“I am prepared to sit down with the county manager and with the councils and resolve the issues, because I want to see the money spent,” the Minister said.

He has asked council officials to carry out an internal examination on “how they will bring schemes back within the financial parameters” set by the department.

He has vowed to be flexible when dealing with water and sewerage schemes.

CALLS were made last night to tear down mobile phone dishes erected without permission.

Clare County Councillors were discussing the planning guidelines surrounding the erection of phone masts.

Councillor Tom Prendeville (FF), who had asked the director of services to brief the meeting on the planning guidelines, said that in West Clare there was one mast with planing permission for just three antennae “and it has twelve pieces of telecommunications equipment on it.”

The councillor said there was “huge concern “about the possible health risks of living close to a mast.

“Unions are so concerned about the risks, that workers are only allowed up to work on these masts for 14 minutes at a time and then they have to come down for sixteen minutes. The companies who are making profits from the masts should be made to prove that there is no danger to health,” Cllr Prendeville said.

The councillor said he was also very concerned that new government planning legislation would take away the local authority’s powers to make decisions about giving planning permission for masts.

Another concern, the councillor said, was the proximity of some masts to schools.

“These are vulnerable children.”

In his reply to the councillor, the local authority’s Director of Services, Tom Carey, said that the Government guidelines in the matter had been published in 1996 and these were considered in preparing a policy on masts for the county.

The council had adopted a distance of 50 metres as being outside the area of close proximity which was thought to be harmful.

He added that government guidelines did not provide for minimum distances between existing buildings and proposed new masts.

Fine Gael Councillor Madeleine Taylor Quinn said that the planing enforcement officer “should be sent out and companies made to take down additional dishes which don’t have planning permission.

“These private companies are making massive profits on the backs and the health of the people.”

Green councillor, Brian Meaney, warned that there would be “a further blossoming of masts with the roll-out of ‘3G’ technology.”

A MAN who had been convicted of assaulting a man he believed had spread rumours about him, has won his appeal at Ennis Circuit Court.

Andrew Mullins (32), with an address at Shannon Road, Sixmilebridge, had received a six month jail sentence, in the District Court, for assaulting Don Kennedy in Shannon, on September 3, 2003.

Mr Kennedy said Mullins punched, kicked and headbutted him at his home, at Finian Park.

His wife, witness Emer Kennedy, told the court that Mullins was very agitated when he arrived at their home.

“He started belting Don. He A 50-YEAR-OLD Clare man has been further remanded in custody after being charged with the murder of a 60-year-old man who was gunned down near his home in county Cork earlier this month.

Father-of-three, John Collins, a native of Ennistymon but with an address at 6 Riverview, Francis knocked him over and kicked him.”

She added that Mullins alleged that her husband had had a sexual encounter with Mullins’ then girlfriend. She said her husband had denied this.

Defending barrister, Elaine Houlihan, said her client went to the Kennedy’s home as he wanted to discuss the rumour.

Ms Houlihan said, “He (Mullins) was upset and came out with the statement that your husband had a sexual encounter with his girlfriend.”

Emer Kennedy denied that her husband had “lunged” at Mullins. In court, Mullins said he told Ms Kennedy about her husband.

“I’d heard my then girlfriend had Street, Rathealy Road, Fermoy, Co. Cork is charged with the murder of John Mahon (a father-of-five) at 11 St. Bernard’s Place, Fermoy on February 12 last.

Mr Mahon, an international boxing referee and a vice president of the Irish Amateur Boxing Association, died after being shot a number of times outside his sister’s house in St Bernard’s Place in Fermoy. given him oral sex,” said Mullins in court.

He said he pushed Mr Kennedy as he was “lunging” at him and he fell over a scooter.

“In the hall, he pushed me and took a swing at me and I headbutted him then,” said Mullins, who admitted he was agitated on the occasion.

“I considered him (Mr Kennedy) to be my friend. I was shocked he would have had an encounter with my girlfriend and that he would start spreading stories about me,” he said.

Mullins’ former girlfriend, Bernice Galvin, told the court she had had a sexual encounter with Mr Kennedy, six to eight months before the incident on September 3. Last Thursday at Midleton District Court, Inspector Martin Dorney applied to have Collins further remanded in custody to appear again at a later date.

Collins’ solicitor, Jerry Healy, said that his client was consenting to a remand and Judge Michael Pattwell remanded Collins in custody to appear at Mitchelstown District Court on March 10. Ms Houlihan said her client wasn’t denying his involvement in the incident, but said it was one of necessary self-defence.

Judge Carroll Moran said he had no doubt that Mr Kennedy suffered injuries.

He said Mullins was “very agitated in the witness box and was presumably very agitated on the evening in question.”

A jury, he stressed, would come back with an acquittal, as a jury could only convict if satisfied beyond reasonable doubt. He said there was reasonable doubt and he was obliged to give the benefit of that doubt to Mullins and allowed the appeal, thus overturning the conviction. Collins was first charged with the killing at a special sitting of Mitchelstown District Court on February 13, where Mr Healy applied for free legal aid and said that his client was in receipt of long term disability benefit.

Mr Healy also informed Judge Pattwell that his client was on medication. He had been examined by a GP following his arrest, but he asked that he be assessed by psychiatrists at Cork Prison, where he is in custody.

Det Garda Tom Ryan gave evidence of arresting and charging Collins with Mr Mahon’s murder. Following caution, Collins replied; “I am very sorry for all the upset – it’s a horrible business all round,” Det Garda Ryan told the court.

Mr Mahon was buried last Wednesday at Kilcrumper New Cemetery following Requiem Mass at St. Patrick’s Church in Fermoy where priest, Fr Anthony O’Brien, told mourners that Mr Mahon’s widow, Mary, had asked people to remember the Collins family in their prayers.

A former soldier stationed at Fitzgerald Camp in Fermoy in the 1970s, Collins lived for a number of years in the north Cork town. But it’s believed that he moved away to the UK about 12 years ago and only returned to live in Fermoy about a month ago.