Category: News

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 MAN has been ordered to pay a contribution to charity after pleading guilty to assault at Ennis Courthouse last month.

Ennis District Court was forced to rise shortly after 1.30pm on October 1 when two men became involved in a row at the entrance to the courtroom. John Doherty (51) was arrested and later brought before Ennis District Court where he was charged with assault and engaging in behaviour with intent to provoke a breach of the peace.

Mr Doherty, who previously lived in Ennis but now has an address at Belcamp Lane, Coolock, Dublin, appeared before Ennis District Court again on Wednesday where he pleaded guilty to assault. The breach of the peace charge against Mr Doherty was struck out following an application from the State.

Inspector Tom Kennedy told the court Mr Doherty encountered Michael McDonagh at the entrance to the courtroom and words were exchanged between them.

He said an altercation developed outside the courtroom. He said Mr Doherty threw a number of punches at Mr McDonagh, leaving him with a bruised and swollen face,

Judge Patrick Durcan remarked, “So Inspector, there was a little Punch and Judy show outside?”

Defence solicitor John Casey said his client would say he was provoked on the day. He said a “deep insult” was directed at Mr Doherty as he left the courtroom. Mr Casey said there was a dispute between the families but Mr Doherty had kept out of it.

Mr Casey said his client suffered “horrif c injuries” when he was as saulted in Ennis a few years ago. In 2012, Mr Doherty suffered multiple slash wounds when he was the victim of a vicious knife attack at the Maid of Eireann roundabout.

Mr Casey said his client has suffered from post traumatic stress disorder since the attack and had been forced to leave Ennis because of diff culties that emerged at his housing site. Mr Casey told the court Mr Doherty suffered the loss of his teenage son after he was stabbed in Ennis in 2007. A 19-year-old Ennis man was subsequently convicted of the manslaughter of Michael Doherty (14). The court heard Mr Doherty has two previous convictions for public order offences. In the witness box, John Doherty apologised for his behaviour on the day. “I want to apologise to the court. It shouldn’t have happened.”

Judge Durcan said he accepted the apology. He said Mr Doherty “overacted” but he did not want to give the person who insulted Mr Doherty “an additional scalp” by imposing a criminal conviction.

But Judge Durcan added that the dignity of the court had to be maintained and law and order has to be maintained. Noting the accused’s age, previous good record, the diff culties Mr Doherty has overcome and his commitment to his family, Judge Durcan ordered him to pay € 250 to the court poor box.

TWO men have pleaded guilty to assault charges arising from a violent feud related incident in Ennis when a father of 10 lost part of his f nger. Bernie McDonagh Snr (47) suffered multiple injuries including the loss of half of his right ring f nger when he was viciously assaulted by three men at Market place, Ennis on May 18, 2010.

The incident developed after Mr McDonagh drove to Ennis National School to collect his children at 3pm.

He was followed to the school by three men in a black Toyota Avensis. The three men launched an attack on Mr McDonagh’s vehicle.

McDonagh drove furiously away from the front of the school and ended up driving the wrong way into the market area of the town, coming to halt in heavy traff c and very narrow ly avoiding a collision.

Mr McDonagh’s 14-year-old son, f ve-year-old daughter and baby granddaughter were in the car throughout the course of the incident.

The group traveling in the Avensis caught up with Mr McDonagh in the Market where they launched another attack on the car.

Mr McDonagh was driven to Ennis hospital by his 14-year-old son.

One of the perpetrators received a three-year prison sentence at Ennis Circuit Criminal Court in May 2011 after pleading guilty to assault causing serious harm.

The two other men involved in the attack appeared before Ennis Circuit Criminal Court on Tuesday.

Their respective barristers told the court a jury would not be required and their clients could be put forward for arraignment. Michael McDonagh (34), with an address at Kilcruttin Halting Site, Kilcruttin, Tullamore, Co Offaly, pleaded guilty to intentionally or recklessly causing serious harm to Bernie McDonagh at market place Ennis on May 18, 2010.

Anthony McDonagh (28), with an address at Ardreigh Walk, Dun Brinn, Athy, Kildare, pleaded guilty to assault causing harm to Bernie McDonagh on the same date and location. Counsel for the State, Stephen Coughlan said those pleas were acceptable to the Director of Public Prosecutions (DPP) and the case now becomes a matter for sentence.

Counsel for Michael McDonagh, Mark Nicholas said his client is a 34-year-old man with no previous convictions who “stupidly got involved” in this incident.

He said a report from the Probation Services would be help Judge Gerald Keys get a proper prof le of Mr Mc Donagh prior to sentencing.

Counsel for Anthony McDonagh, Pat Whyms, also requested a probation report for his client.

Judge Keys ordered probation reports for both accused and remanded them on bail to appear in court on January 12, 2015 when a date for sentencing will be f xed.

JAIL terms have been handed to two people involved in a robbery in Ennis that left a woman “terrorised”.

At Ennis Circuit Criminal Court on Tuesday, Congolese national Mao Kimbai (41) received a three-year prison sentence with the f nal year suspended.

His co-accused Clara Chapman (20) received a two year prison term with the f nal year of the sentence suspended. Both were jailed after admitting their roles in an attack on the young woman at the Causeway link Road near Glór in Ennis on January 18, 2014.

Mao Kimbadi and Ms Chapman forced the woman to hand over her handbag after she was told Mr Kimbadi was holding a knife.

The court previously heard the woman did not see the knife but could feel something poking into her back.

The incident was reported to gardaí within minutes and Mr Kimbadi was arrested a few hours later in possession of a kitchen knife.

Both accused were heroin addicts at the time and Ms Chapman later told gardaí the pair were looking to “rob someone for a bag of heroin”.

Kimbadi, with a former address at Laurel Lodge, Ennis, and Chapman, with an address at Harbour House, Woodquay, Ennis and former address at Banner Lodge, Ennis both pleaded guilty to robbery of a handbag at the Causeway Link Road, Ennis on January 18.

Mr Kimbadi admitted a further charge of possession of a knife at Clon Road, Ennis on January 19.

Mr Kimbadi has 18 previous convictions and Ms Chapman has four previous convictions for theft and drugs offences.

Imposing sentence, Judge Gerald Keys said an aggravating factor in the case was the fact the robbery “was a joint enterprise and violence was used”.

Judge Keys noted a knife had also been threatened.

He said it was clear from the evidence of Garda Denis Stack the victim was “terrorised” by the accused’s actions.

Judge Keys noted the pair, Kimbadi amnd Chapman had also expressed remorse for their actions.

Judge Keys said Mr Kimbadi had claimed Ms Chapman was the main protagonist in the robbery.

But Judge Keys said that bearing in mind the age gap between the parties, it was his belief that Mr Kimbadi was the most culpable.

He imposed two concurrent three year sentences on Mr Mr Kimabdi with the f nal year suspended. Ms Chapman received a two-year sentence with the f nal 12 months suspended.

Referring to the pair’s drug addiction, Judge Keys said;

“I believe that if more resources were put into people who become addicted to drugs, the number of cases (coming before the courts) would fall rapidly”.

A YOUNG woman was left shaken after she was allegedly ‘groped’ while out walking in Ennis on Friday night. The woman and her friend were walking near St Flannan’s College when a man jumped from behind a wall and grabbed the woman.

A passer-by witnessed the incident and came to the aid of the woman who is from Ennis. The suspected offender, who is in his early 20s, f ed through the grounds of St Flannan’s.

The woman, a mother of two, returned home and reported the incident to gardaí. She was able to give a detailed description of the man to gardaí.

A person matching the suspect’s description was observed by gardaí in Ennis within hours of the incident. He was detained for a brief period but later released without charge. Investigations into the matter are ongoing.

The woman left her house at around 8.45pm on Friday. She and a friend were walking on the Limerick Road, near the West County Hotel.

They were going in the direction of the town centre when they became aware of man wearing a dark camouf age hoodie walking closely behind them.

The women stopped and noticed the man. They decided to cross the road to Michael Lynch’s Joinery before crossing back to the Flannan’s side of the road.

The young man followed the same route but turned at Flannan’s and started to walk towards Ennis. The two women had passed the college’s main entrance and were just passing another narrow entrance to the school when the youth re-appeared.

It is alleged he jumped a wall and suddenly grabbed the woman. The shocked victim and her friend turned on the man who f ed through the grounds of the school. The young mother was left shaken and upset by the incident.

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”.