Category: News

A SHANNON man who admitted stealing a phone at a house party has escaped an immediate jail sentence.

However Judge Patrick Durcan told Kenneth Ryan (21) that he would have no hesitation in sending him to jail if reoffends over the next two years.

At Ennis District Court on Wednesday, Judge Durcan imposed a a two month sentence on Mr Ryan after he pleaded guilty to the theft of a mobile phone from a house in Ballycasey, Shannon on July 27, 2014.

The court heard Mr Ryan, with an address at Tradaree Court, Shannon, committed the offence two months after being placed on a probation bond.

Inspector Tom Kennedy told the court the phone was discovered on Mr Ryan after he was arrested by gardaí for a public order offence in Shannon. The court heard the phone had been stolen from a woman who had attended a house party in the hours prior to Mr Ryan being detected.

Mr Ryan has previous convictions for drugs, criminal damage and public order. Defence solicitor Tara Godfrey said her client developed quite a signif cant problem with alcohol at an early age but has taken steps to address the issue.

“I would say this is very much a falling off the wagon situation”, she added.

Urging the court to be lenient, Ms Godfrey said her client is a young man with a future.

Judge Durcan imposed a two month prison sentence, suspended on condition Mr Ryan enter into a bond to be of good behaviour.

Mr Ryan entered into the bond. Judge Durcan warned Mr Ryan that if he fell off the wagon again over the next two years, he would serve to full two months.

A GHANIAN national who collected social welfare payments totalling € 4,160 for a friend who had left the country has escaped a jail sentence. At Ennis District Court on Wednesday, Judge Patrick Durcan said he would impose a community service order on Prince Kuffor (31). Judge Durcan said the option of imposing a maximum sentence of two years in prison, less allowances, was open to him.

However the judge said he did not see why the Irish people and State “should be further indebted to tune of € 1,500 or € 1,600 a week to keep Prince Kuffor in the comfort of one of our prisons”.

Mr Kuffor, with an address at Abbey Court, Ennis, was charged with 26 counts of dishonestly by deception inducing Tony Reddan to pay out 26 separate payments of € 160 by using a social welfare card in the name of Alan Blaise Rukundo.

The offences occurred at Sixmilebridge Post Off ce between Decem ber, 2013, and May 2014.

Inspector Tom Kennedy told Judge Patrick Durcan the charges were replicas of each other and could be treated as one offence. He told the court the accused went to the Post Off ce in Sixmilebridge over the course of 26 weeks to claim social welfare payments for a man named Alan Blaise Rukundo. Insp Kennedy said Mr Kuffor, a father of two, was also claiming his own social welfare payment in Ennis. “Mr Rukundo had left the jurisdiction for some time but had stayed on the books here,” he added. Insp Kennedy said, “Mr Kuffor was benef ting to the tune of € 50 a week for acting as agent for Mr Rukundo.” The court heard the Department of Social Protection is now taking a € 100 a week from Mr Kuffor’s social welfare payment. A total of € 500 has so far been paid back.

Defence solicitor Stiofán Fitzpatrick told the court, Mr Kuffor was approached by Mr Rukundo who said his wife was sick and he had to go with her to Italy for treatment.

Mr Rukondo asked Mr Kuffor to collect his social welfare.

Mr Fitzpatrick said his client believed he was not doing any wrong, particularly as Mr Rukundo came back at regular intervals to sign on.

He said the € 50 payment was to cover Mr Kuffor’s travelling expenses from Ennis to Sixmilebridge.

He said Mr Kuffor, who has resi- dency in Ireland, realised something was seriously wrong when he was approached by gardaí in June.

Judge Durcan said this was “highly organised criminal activity, Inspector, very well organised”. He said Ireland had always been a welcoming country but Mr Kuffor “has completely and f agrantly abused that welcome”.

Having regard to Mr Kuffor’s previous good record, Judge Durcan said he would impose a community sentence order if the accused is suitable for such work. The case was adjourned to December 17 for a pre sentence probation report.

A STUDENT with a “dreadful” criminal record has avoided jail for driving offences committed in Ennis last year. Chris Kelly appeared in Ennis District Court on Wednesday for sentencing for motoring offences committed at Cahercallamore, Ennis on April 23, 2014.

In December 2013, Mr Kelly, with an address at Newtown, Castletroy, Limerick was convicted after a contested hearing at Ennis District Court of having no insurance, no driver’s license and no NCT certif cate.

The court heard he was disqualif ed from driving for 15 years at the time of the commission of the offence. Mr Kelly, a father of one, has eight previous convictions for no insurance and two for dangerous driving. He also has previous convictions for theft offences, the court heard.

Mr Kelly appeared back in court in September when Garda Inspector Tom Kennedy told the court the accused had a “dreadful record”.

Judge Patrick Durcan further adjourned sentencing to November 5 after requesting a detailed report on Mr Kelly’s academic progress at the University of Limerick. He also sought clarif cation on the accused’s previous convictions.

On Wednesday, defence solicitor Tara Godfrey said she had a letter from the welfare off cer at UL, say ing “very good things” about her client. Ms Godfrey told the court her client maintains his innocence with respect to the Ennis convictions.

She said Mr Kelly has not resiled from his original position that he was not the person in the car when it was stopped by the gardaí.

She said Mr Kelly would have appealed the conviction in the circuit court but the matter had not yet been f nalised in the district court. “He would be of the opinion he’s an innocent man and was going to pursue that to the Nth degree”, Ms Godfrey added. In relation to Mr Kelly’s previous convictions, Ms Godfrey said her client is a young man of tremendous promise who squandered most of his youth. Judge Patrick Durcan imposed a f ne of € 350 on Mr Kelly for having no driver’s license. He imposed a further f ne of € 1000 in respect of the conviction for no insurance. Mr Kelly was also disqualif ed from holding a driver’s license for 10 years. Judge Durcan said he was not imposing a custodial sentence in light of Mr Kelly’s academic progress. Recognisance’s were f xed in the event of an appeal at Mr Kelly’s own bond of € 500 and an independent surety to be approved by the court of € 1000.

AN ELECTRICIAN has pleaded guilty to theft offences arising from the unauthorised use of a bank card for online gambling.

Killian Torpey (26) used a bankcard belonging to his girlfriend’s mother for a series of online transactions in 2012.

At Ennis Circuit Criminal Court on Tuesday, Mr Torpey, with an address at Mahonburg, Inch, pleaded guilty to 15 sample counts of theft between June 14, 2012, and November 22, 2012.

He admitted stealing various cash amounts totalling € 1,900 from Mary McNamara at a place unknown within the State. Mr Torpey was originally charged with 155 counts of theft of cash amounts totalling € 23,474.

In court, prosecuting counsel, Stephen Coughlan told the court the pleas of guilty to the sample counts were acceptable to the DPP on a “full facts basis”. Counsel said the sen- tencing hearing would be lengthy as the facts of the case would take some time to hear.

Defence counsel Lorcan Connolly said considerable admissions will be made and maybe a “global approach” could be adopted at the sentencing hearing.

Mr Connolly added, “the offences in this case in essence relate to the unauthorised use of a bank card for online betting and the injured party is the mother of Mr Torpey’s girlfriend”. The court heard Mr Torpey is a qualif ed electrician with no pre vious convictions. Counsel said he would be calling his client’s employer to give evidence but said this person was currently in America. He said he understood Ms McNamara is also out of the country. “It’s somewhat of an unusual case, as you have may have gathered so far Judge,” Mr Connolly added. Judge Gerald Keys adjourned the case to November 18 when a date for sentencing will be f xed. Mr Torpey was remanded on continuing bail.

SHANNON Airport continues its remarkable rise from the ashes with an unprecedented 30 per cent increase in passenger numbers last month.

New passengers number released yesterday show a year-on-year increase of more than 28 per cent, compared to October of 2013. This represents the largest percentage increase ever recorded in Shannon and comes on the back of consistent growth since the airport gained independent from the Dublin Airport Authority (DAA).

Having been on the verge on being passed out by Knock Airport, and downgraded to Ireland’s fourth choice airport just 20 months ago, Shannon Airport looks set to overtake Cork Airport and reclaim the title of Ireland second airport.

The biggest increase in passengers coming through Shannon came from its European services, which were up an incredible 111 per cent per cent when compared to the same month in 2013.

A total of 42,950 European passengers used Shannon Airport last month – more than double the 20,347 who used the airport in October of 2013.

Transatlantic passengers were up by 15 per cent, from 23,511 in October 2013 to 27,108 last month, thanks in the main to the increased frequency across New York and Boston services.

Shannon’s biggest market, the UK, also grew by 6 per cent last month from 61,681 to 65,243.

“It’s been a really great summer season for Shannon and f nished out with a very strong October. A very encouraging aspect to the growth is that there were gains across our three main markets, Europe, the UK and US,” said airport CEO Neil Pakey.

“Increases in European services are particularly strong thanks to the nine new services this summer season but the US also performed very well as a result of greater frequencies. It was also heartening to see growth on UK services as this is the strongest market for Ireland and a 6 per cent growth month-over-month is quite signif cant. “We have new winter services this year to Berlin, Bristol, Fuerteventura, Krakow, Paris and Warsaw. These, together with our other winter services, provide a really strong array of destinations for weekend or winter sun breaks as well as for business travellers.

“It’s good news also for the region as our winter schedule this year has really good options from an inbound perspective, which is particularly good for tourism operators here as there is a really good winter break offering across the West of Ireland.”

A FORMER pupil of disgraced retired principal Pat Barry has urged victims to have the courage to come forward and help expose abusers.

The woman called on victims of abuse to speak out. “Lets not keep their dirty secrets in the dark any longer”, she said.

Her statement was one of eight powerful victim impact reports heard in Ennis Circuit Criminal Court on Friday.

At the sentencing hearing, the women recalled how their lives were ruined by Barry, who was convicted on indecent assault in July.

One woman recalled the “fear” “terror” and “humiliation” she felt in her childhood.

Another woman said Barry’s abuse made her feel “dirty”. “I was extremely embarrassed by it all”. “He terrorised and molested me for years”, she added.

The woman described the former principal of Moyasta National School as the “vicious wolf who would lie in wait for me every day”.

A woman, who read her statement in court, became emotional as she detailed the dreadful impact the abuse had on her life. “I’m glad Mr Barry has been exposed for the sexual predator he is”.

Another woman said she will never forgive Barry but is glad she can close this “horrible chapter” in her life. A victim told the court her childhood was shaped by “shame”, “guilt” and “powerlessness” because of the abuse.

“I am proud of myself and the oth- er women for having the strength to face the court and tell our story”, she added.

One woman said, “Forty years have gone by and I’m still hurting”. She said the fear of being roughed up or “touched” in Barry’s class was terrifying.

The women also thanked Kilrush based Detective, Oliver Downes, who took up the investigation into Barry.

In July, following a three-week trial at Ennis Circuit Criminal Court, Pat Barry (80) was convicted by a jury of 59 counts of indecent assault.

Barry, with an address at Well Road, Kilkee, denied 67 counts of indecently assaulting 11 girls at Moyasta National School between 1964 and 1985.

Trial Judge Gerald Keys had directed the jury of seven women and f ve men to f nd Mr Barry not guilty on eight of the 67 counts. At the conclusion of his 11-day trial, the jury returned guilty verdicts on the remaining 59 counts. Det Gda Downes conf rmed to Roderick O’Hanlon (SC), for Barry, that no further charges are pending against Mr Barry. In his plea of mitigation Mr O’Hanlon said that for a period of 35 years since his retirement in 1989, “the defendant has lead a life from which no charges have arisen, none are pending before the court”. The court heard Mr Barry suffers from tinnitus and high blood pressure and stress related nose bleeds. The court heard the accused has no previous convictions and taught at a primary school in Wicklow from 1952 to1954 before joining Kilkee boys national school in January 1957. He took up the role of principal in Moyasta NS in July 1969.

He served on the board of the O’Curry’s Summer School for Irish in Carrigaholt and was actively involved in the local history projects.

A number of testimonials on Mr Barry’s behalf, including one from local Church of Ireland Rector, Canon Bob Hanna, were handed to Judge Gerald Keys.

Judge Keys said he required time consider the new documents submitted to the court so he could come to a “fair and just judgement”.

The case was adjourned to tomorrow (November 12), for mention when a date for sentence is due to be f xed. Mr Barry was remanded on bail.

A 25 YEAR-old Clare man who sexually assaulted a 12 year-old girl in as she slept in bed has been told he is “extremely fortunate” not to be going to prison.

The man received a two year suspended sentence at Ennis Circuit Criminal Court on Friday after previously pleading guilty to sexually assaulting the girl at the home of his former partner’s house in west Clare in February 2012.

Details of the assault were heard at Ennis Circuit Criminal Court in June. The 12-year-old victim stayed in the house on the night in question to baby-sit the woman’s young child. The man and the woman were in the house drinking.

Garda Suzanne McHale told the court the accused and the woman were staying in one bedroom and the victim and the child were asleep in another bedroom.

The court heard the accused got up that night to go the toilet. Garda McHale said that when he came back he entered the complainant’s room and got into bed beside her. Garda McHale said the victim said the man asked if he could “shift her”.

She said the girl said the man started kissing her and put his hands on her body.

Garda McHale said the man left the room after the girl persistently asked him to leave. The court heard the man had consumed a lot of alcohol on the night.

He later told gardaí that he thought he was going back to the room he had been sleeping in. He said he realised he was in the wrong bed when he started kissing the girl.

Defence Counsel Isobel Kennedy (SC) said the two adults in the house had consumed a large amount of alcohol on the night.

She said the room in which the victim had been sleeping in on the night was the one her client and his then partner ordinarily slept in.

Sentencing was adjourned to last week when a victim impact report was handed into the court.

The victim, who was not in court, stated she had “self-harmed” since the incident and attempted suicide. The court heard she felt “vulnerable” around men and was unable to attend school for a period.

Passing sentence, Judge Keys said, “Sexual assault is a very serious offence and can leave a person seriously scarred”.

Judge Keys said the mitigating factors in the case were the accused’s early plea, which was a relief to the victim, and his lack of previous convictions. He also noted there is no risk, or any evidence, to suggest the man will re-offend. Judge Keys said that had the matter gone to trial a jury could have found the man made a genuine mistake.

Imposing a two year suspended sentence, Judge Keys said the circumstances in this case were particularly “unusual”.

“I accept you are deeply ashamed of what happened”, he added. Addressing the accused, the Judge said, “You can regard yourself as an extremely fortunate person to be not going to jail”.

A FORMER student convicted of threatening to kill an Ennis-based dentist last week sought to take up an offer to reduce his three-year prison sentence.

But at Ennis Circuit Criminal Court on Tuesday, Judge Gerald Keys told solicitor for Eoin Hannan (41) that his hands were tied with respect to the application.

Judge Keys said he did not have jurisdiction to deal with Mr Hannan’s application after being told Mr Hannan has lodged an appeal with the Court of Criminal Appeal.

In March a jury unanimously found Eoin Hannan guilty of threatening to kill a dentist at his practice in Merchant Square, Ennis, on May 11, 2012. Mr Hannan, with former ad- dresses at Kilrush Road, Ennis, and Shear Street, Kilmallock, Ennis, was also found guilty of two counts of engaging in behaviour with intent to provoke a breach of the peace.

The jury at Ennis Circuit Criminal Court acquitted the accused of making a threat to burn down the practice. Mr Hannan had denied all charges, which arose from visits he made to the surgery on May 10 and May 11, 2012.

At his sentencing hearing in March, Mr Hannan received a three-year prison term but Judge Keys said he would suspend 15 months of the sentence if Mr Hannan agreed to enter a bond to be of good behaviour, abide by the directions of the Probation Services, abstain from alcohol and take his medication.

Mr Hannan asked to leave the court to consider the offer and when the case resumed, barrister Michael Collins, who acted for Mr Hannan at his trial, told the court Mr Hannan continued to protest his innocence and did not want to enter into a bond.

At Ennis Circuit Criminal Court on Wednesday, Mr Hannan sought to enter the bond to have the sentence reduced.

Mr Hannan was represented in court by solicitor Daragh Hassett.

Judge Keys told Mr Hassett he did not have jurisdiction to deal with the application as Mr Hannan had already lodged an appeal to the Court of Criminal Appeal.

“As far as I am concerned, my hands are tied,” The judge said.

Counsel for the Director of Public Prosecutions (DPP), Stephen Coughlan, told Judge Keys that in relation to this matter the only order he could make was no order.

SECURITY guards at Clare’s only acute psychiatric unit have physically restrained patients without any medical support or direction.

Mental health inspectors were “alarmed” to learn that security personnel at the Acute Psychiatric Unit in Ennis Hospital “had been the only people involved in restraint of residents” on four occasions.

Dr Fionnuala O’Loughlin, Assistant Inspector of Mental Health Services, and Sean Logue, Assistant Inspector of Mental Health Services, made the discovery during an unannounced inspection of the 39-bed Acute Psychiatric Unit (APU), on July 8 and 9 last.

According to the report by the Mental Health Commission on Friday the inspectors were concerned at the use of security personnel in the practice of physical restraint in this centre.

Two security guards have been employed at the acute unit for the last three years, specif cally to assist in the management of one patient.

This is estimated to cost € 400,000 per annum. Member of the HSE West Forum and former psychiatric nurse Cllr Tom McNamara said that this situation is not benef ting anyone. “He should be in a psychiatric intensive care unit where his needs could be met,” he said adding that the Government’s Mental Health Paper ‘Vision for Change’ had proposed four of these units for the country.

“What they are spending on security would go a long way to staff ng a proper unit where this patient’s needs would be met and people would be trained to take care of him,” he said.

According to the inspectors’ report published at the end of last week, this patient was no longer a detained patient at the time of inspection.

“There was now an anomalous situation whereby security personnel were employed in respect of a voluntary resident,” the inspectors reported. “In addition, it was clear that the security personnel, on duty at all times in the approved centre, engaged in the physical restraint of other residents and ordered and initiated the practice in some instances.”

The inspectors reported that they found it “alarming” that in some instances the security personnel had been the only people involved in restraint of residents, “as documented in the Physical Restraint register”. “This signif ed a serious lack of knowledge by the service in respect of the Code of Practice on the Use of Physical Restraint.”

The report recommended that if the hospital was to continue to use security personnel there must be a policy, which clearly outlines their role and scope of activity.

“Physical restraint must only be initiated and ordered by registered medical practitioners, registered nurses and other members of the multidisciplinary care team,” it stated.

THE Mental Health Commission pointed to a number of concerns it had relating to the 39-bed Acute Psychiatric Unit (APU) located in Ennis Hospital.

Following an unannounced inspection in July, inspectors for the commission were concerned about the individual plans for the 38 patients resident in the unit on the days of the inspection.

Admitting there was evidence of improvement in the individual care plans since the inspection of 2013, the inspectors said many of the Individual Care Plans did not specify the interventions to be carried out, and did not specify which member of the multidisciplinary team was tasked with this aspect of the care plan.

The inspectors also found that the unit was not suitable for children, although it has taken in minors on the permission of parents.

The inspection report also raised concerns that not all staff had been trained in the use of physical restraint.

The structure of the ground level unit was also cause for concern.

“The interior decoration of the unit was in need of attention, with evidence of peeling paint, missing f oor