Category: News

THE head of the Clare Garda Division has confirmed that a complaint of physical assault, concerning a Clare Garda, has been received by the Garda Complaints Board.

The complaint has been made by a mother on behalf of her 16- and 17-yearold sons, who cannot be named because of legal reasons, and concerns an incident which took place earlier this month.

In a letter sent to the Garda Complaints Board last week, the mother claims that both of her sons were physically assaulted by a west Clare Garda at 10pm on Wednesday, January 4.

According to the letter, the Garda, who was accompanied by a second Garda, stopped the car of her elder son on the evening in question.

The brothers claim that both Gardaí abused them verbally before asking the driver to step outside of the vehicle.

“They started calling us loads of names like ‘scumbag’, ‘knacker’ and the ‘three stooges’,” said the driver.

“They called me out of the car and called me a ‘thick c**t’ and asked me for my licence and insurance. I told him that I wasn’t a thick c**t, ‘you might be but I’m not’.”

The brothers claim that one of the Gardaí twisted the driver’s hand behind his back and punched him in the stomach before telling him that he was under arrest.

According to the letter, the younger brother then tried to come to his brother’s aid but caught his foot in the gear stick while his upper body was half out the driver side window of the car.

At this point, the brothers claim that the Garda who had allegedly assaulted the driver kicked the younger brother in the face, knocking him unconscious.

According to the older brother, the second Garda then removed his unconscious brother from the car and placed him on the ground, where he began to have a seizure.

“They started to panic after that and told me to ring the ambulance, they didn’t want to ring it themselves,” said the older brother.

“They said that if anything happened to him, it would be my fault.

“They were talking to each other and said, ‘which one will we ring, the squad car, the ambulance or their mother?’”

The injured brother was brought to Ennis General Hospital where he was treated for facial injuries and was held overnight.

“The family have made a complaint,” Clare Chief Superintendent Liam Quinn told The Clare People . “Should the Complaints Board decide that an investigation is warranted, an independent officer will be appointed to investigate the matter.”

Should the Garda be found guilty of assault the Garda Complaints Board can impose sanctions including dismissal, reduction in rank and reduction in pay.

A WORKER who was made redundant, only to see his job advertised two weeks later, brought his former employers, Schwarz Pharma before the Employment Appeals Tribunal.

But the company is claiming that former operative, Johnny Purtill, should hand back the €16,800, which he was paid in redundancy money, before his case can be heard.

The Tribunal heard that Mr Purtill was one of 120 people made redundant from the Shannon plant between 2004 and 2005 as part of a rationalisation plan. The company offered a voluntary redundancy package but when they could not achieve enough cuts, a number of employees, including Mr Purtill, suffered compulsory redundancy.

He was paid a total of €16,800 in redundancy payments and signed a waiver, the solicitor for Schwarz Pharma told the Tribunal.

She told the members of the Tribunal that the company is contending that Mr Purtill has no claim “as he signed a waiver which specifically said that the payment was in full and final settlement, after having the benefit of the advice of his union representative.”

And should the Tribunal allow the claim to go ahead, Mr Purtill should hand back the money he was paid as redundancy, the solicitor told the hearing.

Mr Purtill’s solicitor said that his client’s job was advertised just two weeks after he was compelled to leave. “We contend that he was made redundant on the basis of a misrepresentation,” the solicitor said.

“My client’s position was advertised shortly after he was let go and the two people taken on to fill his position were congratulated in the company newsletter.”

Mr Purtill said that “no sooner was he out the door than two people were taken on shortterm contracts without benefits such as holiday or sick pay.”

Schwarz Pharma’s representative said that the two people were taken on “to fill a shortterm need. Mr Purtill himself was offered a similar short term contract later in the year, which he turned down.”

The legal representative asked the Tribunal members to hold that Mr Purtill had no case or, should they decide there was a prima facia case to adjourn the matter until he had returned the money paid to him in redundancy.

The member of the Tribunal said they would consider the matter and issue a written decision to both parties.

LAST year saw a record number of houses built in Co Clare. There was an 18.7 per cent increase in the number of houses built in Clare in 2005, more than 3.5 times the national increase.

Neighbouring county Galway reported a decrease of 5.6 per cent in its home building in 2005, while Limerick had a small increase of 1.2 per cent.

Clare had the fourth highest increase in home completions within the last 12 months. Despite the Clare building boom however, house hunters struggled to find new homes in the Ennis area towards the end of 2005. The house shortage is about to change over the coming year, as planning applications begin to meet the ever-increasing demand.

In the Ennis area alone 1,664 applications are with the respective planning authorities for new developments. A total of 750 of those units are due for discussion shortly. Another 408 housing units before the council require further information, with 250 more applications needing further clarification.

A total of 93 units have been granted planning permission in the Ennis area and await construction. A further 163 units have been granted permission but appealed.

According to Helen Gallery from Sherry Fitzgerald McMahon, the first time buyers’ market is very strong in the county town, as are sales in more upmarket developments. A lot of first time buyers are now buying second-hand, due to the elimination of stamp duty on these properties for those entering the property market. This intern allows a lot of people to “trade up”, explained Ms Gallery.

The cost of homes in Ennis has also increased slightly in the last year. A three bed semi detached house now starts at €225,000. A town house could go for €200,000 while a four bed detached is estimated to cost between €300,000 and €310,000.

In total 2,174 were built in the county last year, with 1,537 registered. The total number of house completions for 2005 nationally was 80,957 units, up 5.2 per cent on 2004.

Minister for Housing and Urban Renewal Noel Ahern said, “We are building more than double the amount of houses in 2005 than in 1997.”

“In fact Ireland is now producing houses at a rate of 20 per 1,000 residents. That is a phenomenal level. It also indicates that the strong demand for housing is being met by a strong supply.”

The Minister also indicated he expected considerable growth in the output of affordable housing through the various affordable housing schemes with in excess of 12,000 homes expected for delivery through these schemes in the period 2005 to 2007.

A 21-YEAR-OLD Shannon man was subjected to what Gardaí say was a “frenzied”’ attack in which he was cut in the throat with a carving knife, as he sat at home with his brother and an eightyear-old child.

The incident happened at around 9.30pm on Friday at a house in Cronan Park in Shannon.

According to Gardaí, a 22-year-old man arrived at the house, went into the kitchen and got a carving knife. He then approached the 21-year-old and slashed him across the throat.

Two Shannon Gardaí, who were in the area as part of a separate investigation, heard commotion and pursued the 22year-old as he left the house.

A carving knife was recovered in the area and both the knife and the house were technically examined.

The injured man was taken to the Mid Western Regional Hospital, Limerick, where his condition was initially described as serious and later stabilised. He is expected to make a full recovery.

The 22-year-old was arrested in a green area close to the house and taken to Shannon Garda Station for questioning. He is understood to have sustained a leg injury, for which he received medical assistance at the Mid Western Regional Hospital, Ennis.

He was discharged some time later and taken back to the Garda station for questioning.

He was detained there overnight, before being released without charge on Saturday afternoon.

A file is being prepared for the Director of Public Prosecutions.

“Both men are known to each other and we are still investigating a motive,” said a Garda spokesman.

“The injured party was within centimetres of having an artery cut and it was sheer fortune that he survived,” added the spokesman.

Gardaí investigating the incident spoke with the injured party, from his hospital bed in Limerick and their investigation is continuing.

ONE of the busiest coastal rescue units in the country is set to become a family affair with the wives of two existing volunteers set to join in the coming days.

Confirming the move, Doolin Area Officer with the Irish Coastguard, Mattie Shannon said that the two new members would bring the number in the unit to 22.

Reviewing last year’s activities, Mr Shannon said that the Doolin unit was involved in the recovery of three bodies off the Clare coast last year and 24 call outs. This represented a decrease on the eight bodies recovered and 31 call outs in 2004.

The three bodies recovered were those of the three men, Joe O’Callaghan (34) Michael Doran (31) and Martin Griffin (24), who died after their jeep fell into the sea near Doolin on the October bank holiday weekend.

Last year was the first year in a number of years where no bodies were recovered as a result of people falling off the Cliffs of Moher.

Mr Shannon said that the lower number of call outs last year allowed the unit to carry out more training.

Mr Shannon said that the backbone of the unit were now over 40s: “There is always a need of bringing in new people. The backbone of the unit are 47-48 years old.”

Mr Shannon said that it would take two to three years to train volunteers into their job. The ideal candidate would be someone in their late 20s who was settled in the Doolin area, as the response time to call-outs was vital.

Mr Shannon also stated that he hoped to see progress in the Office of Public Works (OPW) providing a new station for the unit this year.

The existing building used by the unit has no toilet facilities.

THE ESB has lodged an appeal to An Bord Pleanala against a decision by Ennis Town Council to refuse planning permission for an 80 foot mast within the grounds of its Cahercalla More substation in Ennis.

The move by the ESB to appeal will cause concern to Ennis residents. An Bord Pleanala often overturns decisions made by local authorities in relation to telecommunications mast. The planned mast provoked widespread opposition from residents, who expressed concern over the health implications of the mast being so close to a residential area. It would also be in close proximity to Éire Óg GAA club.

The residents claimed: “The proposed development is totally and utterly out of character with any development in the area. The area is zoned commercial and not industrial. Therefore, the erection of the communications mast should not be considered. The proposed structure totally towers over any existing structure in the area.”

The council stated that it refused permission as the proposed development would be visually obtrusive in the area, would materially contravene Environment Policy 5 of the Ennis and Environs Development Plan and would seriously injure the amenities of the area and of property in the vicinity.

However, in their appeal, the ESB states: “The proposed structure is a slim line monopole structure that was specifically designed for use in urban industrial areas. We believe that using this structure the visual impact on the area will be nominal.” A decision is due on the appeal in April.

THE young man who tragically drowned after a kayak overturned in Lough Derg on Sunday had selflessly given the only lifejacket to his girlfriend.

The 26-year-old, who has been named locally as John Buckley from Ballyculhan in Glin, County Limerick, went for a trip on the lake with the 24-year old woman, who is from O’Briensbridge.

Their canoe capsized at around 2.30 in the afternoon and the couple struggled to make land but John was swept away.

The young woman was helped to shore by a man living close to the shoreline who heard her screams.

A rescue service source said that the young woman was suffering from exhaustion and hypothermia but had bravely made her way close to shore when the local man spotted her.

“He heard her and waded in to help her the last part to the shore. She was exhausted and cold but was wearing a life-jacket.

“They had just one life-jacket between them and her boyfriend gave it to her,” the source said.

The alarm was raised by a local person who saw two people in the water near Ogonnelloe, four miles north of Killaloe on the Clare side.

The Killaloe/Ballina Search and Rescue service was called out and they put three teams — a total of almost 20 people — out to help with the search for the missing man.

Divers from the Limerick Search and Rescue unit were also called in, as were Shannon-based coastgurad helicopter and a fixed-wing aircraft from the Garda Air Support Unit.

The diving team was brought in towards evening as fading light made it difficult for rescue boats to see anything in the water.

The divers located the Glin man’s body at Two Mile Gate at around 9.15pm on Sunday night.

Rescuers said the couple had brought the canoe to the lake themselves and were not involved in water-based events which were taking place earlier in the day at the University of Limerick Activity Centre in Two Mile Gate.

Divers brought the body ashore and it was removed to the Mid-Western Regional Hospital, Limerick, where a post-mortem was due to be carried out yesterday.

While the dead man’s name has not been officially released, he has been named locally as John Buckley.

The traumatised young woman was treated for shock and hypothermia.

TWO Ennistymon schools have warned Clare County Council that schoolchildrens’ health will be put at risk if a plan to convert the local Convent of Mercy building into an apartment complex proceeds.

The boards of management of both Scoil Mhuire, Convent of Mercy and the Ennistymon Convent Primary School have told the council if the plan proceeds, it will pose a safety threat to the children attending the schools.

In their objection, Scoil Mhuire’s board members state, “the heavy traffic involved at the construction stage of development and the volume of cars that will service the apartments, when occupied, could pose a serious threat to the safety of our students.”

The objection by Scoil Mhuire is supported by opposition from the school’s parent’s association.

“It is with extreme concern that we have learned of the application,” they state.

The parents point out that the school has a policy that children must walk and not be driven the narrow road to the school.

“The reason is safety. It is therefore inconceivable that this proposed development could be favourably considered, particularly with its inclusion of 30 car-park spaces and the inevitable traffic up and down this totally unsuitable access road that this development will generate…it will have extremely serious implications for the safety of all children attending the school.”

In their objection, the Board of Management of the Convent Primary School stress that “it is wonderful news that the Convent of Mercy – closed for eight years – is to be developed.

“However, we are very concerned about access to the building as it also the entrance to the primary school and this may create health and safety issues.

The application by Tomas Fitzgerald of Banna Developments was made in 2004. Last year the council stated that it had serious concerns that the proposal would exacerbate the traffic problems.

The council told the applicant: “You are strongly advised to investigate the possibility of providing an alternative access where conflict between cars and pedestrians is significantly reduced.”

The developers suggested an alternative access, however at a meeting towards the end of last year, the council’s road engineering staff stated that they would prefer the original access road.

The consultant has since asked for a meeting between the planner, engineer and the applicant to resolve the issue. A decision on the application is expected at the end of the month.

THE number of divorces in Clare has gone up by 40 per cent on last year’s figures.

Figures just finalised by the court service show that there were 111 decrees of divorce issued by the courts. This is in comparison to 79 decrees in the previous 12 months.

All of the applications which came before the court were granted, a spokeswoman for the court’s office confirmed.

The jump in numbers applying for divorce is being reflected in the number of couples who are coming to family law solicitors, a leading practitioner in the field said.

Solicitor Mary Cashin has just returned from a conference in which startling figures were quoted for Britain.

“Research has revealed that almost 50 per cent of marriages there end in divorce,” said Mary.

“We haven’t come to that stage here but in our dealings with clients, we can certainly say that there is a big increase in people seeking divorce.”

Ms Cashin said that once couples meet the criteria of being separated for four out of the previous five years they are opting for divorce.

“Once they meet that criteria, the courts have to give them their decree. And people are opting for that because it is final.”

One company providing divorce services in Clare says that the number of people applying for divorce in Clare is actually much higher than the number of divorces which made it as far as court.

Jim Corbett, Managing Director of Divorce Services in Clare, says that he puts the increase in applications for divorce last year as high as 75 per cent.

Ms Cashin says that she believes that the numbers will continue to increase, with many people opting for the so-called, D.I.Y. divorces offered by non-legal companies.

But while straightforward divorces in which all the issues have been agreed before coming to court may be suitable for this approach, Ms Cashin says she is concerned that some people may be leaving themselves exposed.

“There are far more issues involved than just getting the divorce rubber-stamped. There are issues around property and, very importantly, child access and I would just advise people to be wary.

“When things go wrong, they will end up back in the family law courts and anyone who has been there will tell you it’s not a place you want to have to go back to.”

A MAN who threw a bar stool at a publican in a Clarecastle bar has been handed a suspended six month jail sentence.

Jude Bedford (33), of Fairview Crescent, Garryowen, Limerick, threw the stool at Power’s public house, on November 13.

Ennis district court heard the stool missed the publican, but smashed a glass light shade and a number of glasses.

He then threw a glass at the proprietor, but this hit other glasses.

He has since paid compensation for the damage caused and no-one sustained any injuries.

His solicitor said his client had been in that public house earlier that night and some words were exchanged between himself and the bar owner, who are well known to each other.

“Mr Bedford has indicated to me he will undertake not to go near the bar. In fact, Mr Bedford accepts he should not go near any bar,” said the solicitor, who added that his client “broke out” that night, after attending to a dying relative for the three previous nights.

Judge Aeneas McCarthy imposed a six month jail sentence, and suspended it on condition that the accused be of good behaviour for 12 months.