Category: News

A PRIVATE detective, employed by controversial Clare businessman, Paddy Whelan in the past, was present at Clare County Council’s chamber for the crucial vote in relation to Cahercon pier last week, The Clare People has learned.

Co Meath-based private detective, Billy Flynn (55) was seated in the public gallery where he observed the discussion and subsequent vote against listing Cahercon pier in the Clare County Development Plan as a recorded protected structure.

The private sleuth has also been employed in the past by Mr Whelan to gather information about some of Mr Whelan’s competitors, and Mr Flynn is hailed as the man who exposed the McBrearty frame-up by Donegal Gardai.

His work for the McBrearty family was praised in the most recent Morris Tribunal report into allegations of Garda corruption in Co Donegal.

It is not known if Mr Flynn is still retained by Mr Whelan, though his presence at last Monday’s crunch council meeting is a strong indication that he continues to work for the Clare businessman.

Mr Flynn was seated to the right in the front row of the public gallery at the meeting next to the podium used by the council for presentations.Asked to comment on Mr Flynn’s presence at last Monday’s meeting, Mr Whelan said: “I have no comment on that issue.”

When contacted yesterday, Mr Flynn told The Clare People : “I was there to observe proceedings for an unidentified client to ensure that matters were dealt with properly on the day.”

Councillor Brian Meaney (Green) commented: “It is a bewildering turn of events. I wasn’t aware of Mr Flynn’s presence and I would like to know in what capacity he was there. Was it an information gathering exercise? Who was he gathering the information for? I believe that Mr Flynn should clarify why he was at the meeting.”

Councillor Christy Curtin (Ind) said: “I was not aware of this man’s presence, nor have I ever heard of him. As far as I am concerned, there should be no restriction on any member of the public attending meetings. Everyone is entitled to be there. Clare County Council is an open and transparent body.

Terence Corry, spokesman for Kildysart Explosives Factory Opposition Group (KEFOG) said he had no comment on Mr Flynn’s presence at the meeting. He said: “I have never heard of this man.”

As part of his work into Garda corruption in Co Donegal, Mr Flynn employed seven investigators, took 375 statements and submitted 117 reports on the case to the then Garda Commissioner, Pat Byrne, dating back to June 1997.

TWO parochial houses were broken into and an attempt was made to raid a third in north Clare on Sunday afternoon.

A sum of money was stolen from Newquay parochial house, after the safe was broken into. The keys to the church were also taken.

In Ballyvaughan, keys to the church were also taken after intruders gained entry to the parochial house.

Both incidents are understood to have happened between 1pm and 5pm.

An attempt was also made to break in to the parochial house in Ennistymon but the intruders made off emptyhanded after the alarm was activated, at 3.30pm.

“The scenes were preserved for technical examination and we conducted house-to-house enquiries,” said Ennistymon Supt Eamon Dolan.

He said a number of raids on churches took place across the country over Christmas and suggested this may be “copycat crime.”

“We are not ruling out that these may be linked. Three areas were targeted on a Sunday afternoon.

“We are keeping an open mind at this stage and are appealing to anyone who may have seen anything suspicious to come forward,” added Supt Dolan.

CLARE County Council is set to approve the allocation of €55,000 in grant aid to a company that is on the Companies Office strike-off list, and could be struck-off before the end of next month.

Kilkee Waterworld is facing sanction from the Companies Office after failing to lodge accounts for any period since 2002.

The most recently lodged accounts show that it had accumulated losses of €619,000 and it has been forced in recent years to shorten its opening period from April to September to stem continuing losses.

Chairman of the company’s Board of Directors and Council Mayor, Cllr Patrick Keane (FF) told The Clare People that he was surprised to hear that the up to date accounts haven’t been filed by Kilkee Waterworld

“This is the first that I have heard of it. I am surprised, because we signed off on the accounts for 2004 two months ago,” he said.

Cllr Keane conceded that it was a struggle for the facility to make money.

“It is a struggle for any of these centres to make a profit. There are very high costs involved and we experienced a 12per cent drop in visitor numbers last year. The facility is a resource for the community and we are trying to use it as a community facility. It is a chance that you have to take.”

Over the past five years, visitor numbers have dropped by 26per cent from 30,000 to 22,000 at the facility.

In the most recently returned accounts for Kilkee Waterworld, the future of the company was spelt out in stark terms.

“The accounts have been prepared on a going concern basis which assumes the company will continue in operational existence for the foreseeable future.

“The validity of this assumption depends on the reduction in the partnership trading losses, the continuation of fund-raising efforts or the availability of banking facilities. The partnership is currently renegotiating facilities with its bankers.”

Last year, the company received €32,000 from the Council, adding to the €25,000 it received 2004. However, it emerged this week that Kilkee Waterworld hadn’t filed its up-to-date accounts because it hasn’t had the funds.

A company spokesman said: “The accounts for 2003 haven’t been filed so far because we haven’t had the money to file the returns. It costs €2,500 to do so, but they will be filed before the end of February.”

A CLARE businessman accused of failing to comply with an enforcement notice served by Clare County Council will appear before Ennis Circuit Court, after jurisdiction was declined in the district court.

The council is taking the case against Newmarket-on-Fergus supermarket proprietor David Crimmins and Allyco Developments Limited, following complaints about noise emanating from a plant room on his premises at The Green, Newmarket-on-Fergus.

Planning enforcement officer Ann Colleran told Shannon District Court a number of matters are outstanding, since the case was previously before the court last year.

She said a retention application has been received by the council. She added that an enforcement notice had not been complied with and that further information had only been submitted on the morning of last Thursday’s court hearing. A third party, in an adjacent property, had made a number of complaints about noise, she said.

“He didn’t carry out the development in accordance with the plans submitted and there was an unauthorised development of the plant room,” she said.

She pointed out however that a lot of signage on windows and storage of shop trolleys has been regularised.

After hearing from Ms Colleran, Judge Joseph Mangan said he was declining jurisdiction. Solicitor for Clare County Council Rachel Dobson said that declining jurisdiction would not give the third party any satisfaction.

Judge Mangan replied, “I have made my decision,” and adjourned the case until March, for service of the book of evidence.

TWO Polish men who could not get a bus jumped into a car which had been left running, while its driver bought cigarettes, at a garage in Shannon.

Before Shannon district court were Daniel Domanski (20), of Denmark Street, Limerick and Robert Kolaniski (26), of Catherine Street, Limerick, arising out of an incident on October 14, 2005.

Kolaniski pleaded guilty to stealing a car and Domanski admitted allowing himself to be carried in a stolen vehicle.

Garda Aidan Sweeney told the court he received a report at 11.20pm of two foreign men attempting to break into a car at the Shell garage. Both were later apprehended at the town centre.

The garda told the court a man stopped at the garage to purchase cigarettes at the hatch and while he did so, left the car running.

The two defendants ran over and jumped into the car. The injured party ran over and took the keys from them. There was no damage caused to the car.

Defending solicitor Rachel Dobson said her clients hadn’t gone far in the car, just across the road.

“Both had been out drinking. They tried to get a bus but they couldn’t get one. They saw a car running and jumped in,” said Ms Dobson.

She said both men hail from Poland and have worked at a Shannon company for the past yearand-a-half.

Judge Joseph Mangan remanded the two on continuing bail, to appear again in court in March. He ordered that their addresses be checked out in Poland and details of any previous convictions to be furnished to the court on the adjourned date.

EXPERTS promoting the development of a €115 million incinerator for Clare and the region are to be brought before Clare County Council’s environmental committee to justify the project.

Members of the council’s Special Policy Committee (SPC) for the Environment have heard that there are “great holes” in the rationale behind building an incinerator.

The SPC was instrumental in shaping council policy in relation to the draft regional waste management plan for Clare-Limerick-Kerry to 2011.

As a result of SPC discussions, the council stated that there is an inherent contradiction in the draft regional waste management plan proposing an incinerator while also promoting the reducing, reusing and recycling of waste.

The draft plan anticipates that the incinerator will treat over 40 per cent of Clare’s waste by 2013, with 45 per cent recycled and 14 per cent landfilled.

However, at the first SPC meeting of 2006, member Steve Symes said: “there are great holes in this plan.

“The incineration process will leave a residual toxic fly-ash. Where is that going to be disposed of?

“Also, the bottom ash makes up 30 per cent of what goes in. What will become of that, because there is no market for this ash?”

Cllr Brian Meaney commented: “the draft waste management plan should be based upon prevention and that does not feature as a priority.”

After the incinerator plan came under sustained questioning, SPC chairperson, Cllr Patricia McCarthy (Ind) proposed that the consultants behind the plan be invited to explain the rationale for an incinerator.

The new draft plan doesn’t identify a site for an incinerator, though a feasibility study for the provision of thermal treatment has stated that “putting in place such a facility for the Limerick/Clare/Kerry region can be best achieved through some form of publicprivate partnership (PPP) arrangement.”

The criteria for siting the incinerator include the need to minimise environmental impacts; have due regard to the proximity principle; minimise costs; and maximise acceptability of the project by the local community.

The study states: “if progress is not made in implementing thermal waste treatment in the region by 2009, the local authorities will take steps to ensure that such a facility is delivered according to the PPP model or another similar approach.”

The waste management plan anticipates that the incinerator will treat 150,000 to 200,000 tonnes of waste each year.

FRESH charges have been brought against three men suspected of involvement in a seizure of guns in Newmarket-on-Fergus almost seven months ago.

Before Ennis District Court were John Murphy (45), Ballina, Killaloe; Cathal O’Neill (39), 20 Upper William Street, Limerick and Michael Gerard Heelan (46), Boherbue, Mallow, Cork.

Previously each had faced three charges, arising out of an incident at Drumline, Newmarket-on-Fergus, on June 24 last year. Two of those three charges were withdrawn against O’Neill and Heelan, while one charge was withdrawn against Murphy.

Det Sgt Michael Houlihan told the court he arrested all three at 12.40am last Friday. He charged all three with possession of an imitation firearm and a sawn-off shotgun, with intent to commit robbery. Murphy was also charged with possession of a CS gas canister, also on the same date.

Dt Gda Houlihan told the court that, when charged and cautioned, Murphy had replied, “No comment.” In reply to the fresh charge O’Neill had said, “Absolutely innocent.” The court heard that the third accused, Heelan, had said “Nothing to say,” in reply to charge.

At the trio’s initial court hearing last June, the court was told the three were travelling together in a van, at Drumline, Newmarket-on-Fergus, when they were arrested by detectives from the Clare garda division.

On that date, the court was told, gardai believed they were about to commit a robbery. On that occasion the court also heard that further charges were likely, once a file on the matter had been examined by the Director of Public Prosecutions.

Last Friday all three were remanded on bail and will appear in court next month, for service of the book of evidence.

DISTRICT Court Judge Joseph Mangan reminded a man sitting in the public gallery at Shannon District Court who was in charge, after he was repeatedly interrupted him during last Thursday’s court sitting.

Owen Rice, with an address in Newbridge, Co Down, was not before the court last Thursday on any charges, but was there to make an ex-partie application.

His case was listed at the top of the printed court diary on the day, but was not dealt with at the start of the court.

After he rose to his feet on a number of occasions throughout the day asking why he was still waiting for his application to be heard, Judge Mangan said, “You are not the boss here. Get that into your skull,” before telling him several times to sit down and conduct himself or he would be held in contempt.

“You are sailing close to the wind. You don’t run the court at all,” added Judge Mangan, who refused to allow Rice the chance to speak.

When asked by Rice later why his case was not called “as per the list” the judge said, “On a previous date I have explained to you what the policy of the court is on the calling of cases. I am not going to repeat myself.”

Later Rice made a number of submissions, including an application to have his case delisted until after a separate hearing in the Supreme Court. The case – where Rice is accused of obstructing a garda officer and dangerous driving at Ballycally, Newmarket-onFergus, on December 6, 2003 – was due to be heard later this week at Shannon District Court. Rice told the judge that according to legal advice he is under no obligation to attend court later this week and it was his intention not to attend.

Judge Mangan said he would not delist the case, but adjourned it until later in the year.

MEMBERS of Clare County Council claim the county is being financially penalised by central government, as it receives the fifth smallest local government funding in the country, at €14.65 million for 2006.

In a week when the council was once again considering the financial estimates for the year ahead, members said they were given extra responsibility and projects by central government without the financial back up.

Cllr Christy Curtain called on the Minister for the Environment and Local government Dick Roche to provide some of the money the Minister claims the country is “flush with”, and Clare will spend it. “Send it down to us and we will spend it,” said the councillor.

Fine Gael councillor Madeline Taylor Quinn told this month’s adjourned

meeting of the council that the ratepay ers from Clare were paying for money mismanagement at national level.

In a bid to finance the Council’s escalating responsibility it is proposed in this year’s financial estimates, yet to be accepted by the council, to increase rates by 5.5 per cent. This will generate an additional €1.55 million for the Council. Cllr Taylor Quinn told her colleagues “ we are expected to make up the short fall by penalising the rate payers at a time when the government is a wash with money.”

Whether councillors agree to allow the 5.5 percent rate increase, described by Cllr Martin Lafferty as exorbitant, will be decided at a special budget meeting of the council next Monday.

PAYMENTS totalling €170,000 made to senior county council staff, including planners, were legal, above board and part of a national plan.

But elected council members have sharply criticised the manager for not saying where the money came from.

At a meeting of the council last night, Cllr Tom Prendeville called on the manager to reveal who the payments were made to and state where the money for them came from.

Cllr Prendeville said he was not satisfied with the explanation that the payments were part of a national bonus scheme, paid to professional grades and performance related.

“Are we going back to the dark ages where a culture of secrecy prevails?” he asked.

“This is public money being spent and we have a right to know whether the money was paid out of our budget, if it was, how was the criteria for payment met and what programme suffered because of it?”

Cllr Patricia McCarthy said that the bonus scheme was to be welcomed. “We are losing planners all the time.

“They work all hours and Saturdays and Sundays to clear the work load and there is no overtime or other incentive.”

Cllr Colm Wiley said that the current planners were working overtime to “solve the problems left by some of those who have moved on.”

County Manager, Alec Fleming said that 15 planners were paid a bonus of €7,500 each and bonuses were also paid to himself and a number of other senior officials.

The scheme is identical to schemes operating in every other local authority, he said. “We have a rule that says if a decision on an application is not made within eight weeks, it goes by default and without any conditions so we had to ask the planners to work extra time because of that.

“There was no other option.”

He added that a Government committee decides on whether managers and senior executives have met the criteria for their bonuses.

A ruling had already been made by the information Officer that further details of the scheme could not be the subject of a Freedom Of Information request.