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Clare personal injury claims total €8m

WITH 275 awards totalling almost € 8 million, Clare accounted for the sixth highest number of personal injury awards in the country last year.

More Clare people opted again last year to settle their personal injury claims through the Injuries Board.

The board makes awards relating to motor, employer and public liability accidents, without the need for litigation.

The board’s annual review showed that its non-adversarial model has delivered direct savings of over € 72m in 2013, relative to the prior litigation.

The average award in Clare was € 28,747 and total compensation for the county amounted to € 7.9m million.

The number of new claims received by the board in 2013, a useful barometer of future award volumes, increased by 5.8 per cent last year, driven by an 8.2 per cent increase in motor claims, which are typically of lower value.

Neighbouring County Limerick had the largest number of awards as a proportion of population with 788 people claiming through the board.

The average award in Limerick was lower than in Clare however at € 21,010.

Patricia Byron, CEO of the Injuries Board said, “I am pleased that as a self-funding agency, the board has delivered cumulative savings of € 1 billion on the cost of handling personal injury claims with no cost to the Exchequer and at considerable benefit to insurance policy holders.”

“Last year the board’s processing fee to respondents, typically insurers, reduced by 30 per cent from € 850 to € 600 and, as a result, the cost of processing personal injury claims is now at historically low levels.”

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Prostitution survivor to talk in Ennis

A PROSTITUTION survivor and former drug addict will address a group of teenagers, women and the general public as part of a joint initiative by students at Coláiste Muire, Ennis and Clare’s Women’s Network.

Mia de Faoite will make the address on Friday next from 7.30pm to 9pm in the Temple Gate Hotel.

The Dublin woman, who is a survivor of prostitution and drug addiction, is an activist for the Turn off the Red Light Campaign.

Through public lectures, television and radio interviews and the theatre she has highlighted the dangers intrinsic to prostitution.

Transition year students at the Ennis school have already begun researching the taboo subject of prostitution and discussing the issue that is often overlooked by society.

As part of Young Social Innovators 2014, the students are endeavouring to raise awareness, open up discussion around sexual exploitation and debate the criminalisation of demand for paid sexual services.

They have completed a project of their findings and will present it to the audience on the night also. There will then be an opportunity for further discussion with refreshments served.

The Clare Women’s Network, an or- ganisation that is a community based and seeks to ensure a safe society in which all women are valued, included and experience equality of opportunity all levels of life, have also been instrumental in the school’s project and Ms de Faoite’s visit to Ennis.

Mia is currently a second year student at The National University of Ireland, Maynooth where she is reading Philosophy and Sociology. This event is open to all and is free to attend.

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New York parade: Tulla Pipe Band will make it there

HAVING spent Sunday in the “lashing rain” marching and counter marching in preparation for one of the largest St Patrick’s Day Parades in the world, the Tulla Pipe Band is determined to get to New York “whatever it takes”.

Pam Reilly, PRO, said the 29-strong band members that are to travel to the Big Apple have not even considered the looming holiday weekend strike at Shannon airport.

As the band is booked in on a March 15 flight since last October, it is unlikely their plans to lead the Clare contingent in the parade will be affected.

Likewise Mayor of Clare Joe Arkins, who is to represent Clare in New York over the weekend, had a lucky break when he was not able to get a reasonably-priced flight on the Friday, and instead had to book in for an early flight on March 13.

County manager Tom Coughlan is however at the mercy of the industrial action as his flight his booked for Friday, March 14, the day of the four-hour strike.

Mr Coughlan along with the county mayor, mayors of Ennis, Kilrush and Shannon, is to attend meetings organised by the Mid West Regional Authority with the IDA, Tourism Ireland, CIE Tours International and other Irish American groups.

Last night Transport Minister Leo Varadkar says he hoped the workers union SIPTU would put the strike on hold as talks between IBEC and the union continued.

“The Government has come together with the employers’ body IBEC and the trade union umbrella group ICTU to put together a panel of experts agreed by all sides who can study the issues relating to the pension funds at the airports and come up with a solution,” he said.

Meanwhile the Tulla Pipe Band, made up of members aged nine years old to their late 70s, are planning to take part in the Brooklyn Parade on the Sunday before leading the “honour unit” or first section of the parade.

“As this is the first section of the parade we will get world wide coverage. We are very proud not only to be representing Tulla, but Clare and Ireland,” said Ms Reilly.

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Sunken ship reappears

THE long lost remains of a British ship which sank off the Clare coast almost 120 years ago, were uncovered over the weekend in Liscannor Bay.

The ship, named the Elizabeth McLea, sank in rough seas in December of 1894 when its anchor became dislodged, causing it to drift in a heavy storm and run aground on rocks just off Lahinch beach.

The remains of the wooden hull of the ship, which have somehow survived in Liscannor Bay for the past 119 years were uncovered over the weekend. It is understood that a combination of the recent storms and high tides over the weekend, worked to uncover the remains of ship.

Heavy storms in January and February have transformed the layout of the beach at Lahinch – moving thousands of tonnes of sand and exposing large areas of rock.

The ship was spotted by local man Patrick O’Dwyer, who is a green keeper at the nearby Lahinch Golf Course.

“We were working away on the golf course and we noticed what looked like flags sticking up from the sand. If you look from the end of the Lahinch Promenade, the ship is located about 200 yards north and about 100 yards out to sea, so it isn’t far off from the main beach at all,” he said.

“We’re not sure how it became uncovered, but it must have something to do with the tides and the way that all the sand shifts and gets moved around.

“You can actually get relatively close to it. The sand becomes very shallow around the ship itself so you’d want to be careful because it might give away and that would be quite dangerous, but you can get relatively close to it.”

The ship sank on December 28, three days after Christmas Day 1894. The storm was so great that the crew were forced to climb the ships rigging to avoid being swept overboard by the storm. When the storm began to ease the crew were able to make it back to the deck before using ropes to winch there way into the water and finally ashore.

The Elizabeth McLea was in Liscannor Bay collecting a cargo of Doonagore Stone for transport back to Bristol. The Clare flag stone was a prize cargo in the 1800s and some is understood to have been used in both Buckingham Palace and the White House.

According to locals the ship has resurfaced in the past, but this is the first time that the Elizabeth McLea has been visible for at least a decade.

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Eli Braced for heroic rescue

A FIREMAN from Ennis is being hailed as a hero for the second time after jumping to the aid of a drown- ing woman at the weekend. Eli Brace jumped off Sarsfield Bridge in Limerick City as the woman was swept under. Eli is a member of Limerick City Fire and Rescue Service. The Shannon-based Coast Guard Rescue Helicopter 115 had been dispatched to help out in the river rescue, but due to high winds the winch man could not reach the woman. Eli then jumped from the bridge. The woman was being swept under the water when he rescued her from the water. The Ennis native was previously in the army before joining the fire services in 2008. He is a member of the fire service’s Swiftwater Rescue Team, who receive specific training to carry out rescues in river conditions. It is not the first time the married father has been involved in a dramatic river rescue. In March 2011, he was one of 10 members of the fire services who attended an emergency at Shannon Bridge in Limerick city. Emergency services were called to the scene after a man was seen entering the water. Eli, who is originally from the Cloughleigh area of the town, jumped into the water at Limerick Docks in order to save the man from drowning. In January, Eli was one of three people who co-opened Crossfit Ennis in the Quin Road area of Ennis. He spent his military career training soldiers in all aspects of fitness in his capacity as a PTI (Physical Training Instructor).

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‘I don’t like biting or spitting’- Judge

A KILRUSH man described as having a serious heroin problem and held in “high regard” by a district court judge had a seven months sentence suspended for two years at Kilrush District Court on Tuesday.

Anthony Kelly (34), with an address at 5 Place de Plouzane, Burton Street, Kilrush, pleaded guilty to dangerous driving and failing to stop for gardaí on the N68 on August 23, 2011.

He also pleaded to assaulting a Garda Sergeant in Kilrush on March 19, 2012.

The court heard that gardaí saw Mr Kelly driving erratically along the N68 towards Kilrush and was veering right and left across the road for no apparent reason. He then overtook two vehicles on a continuous line.

When gardaí indicated for him to stop he increased speed and passed two more cars.

In the townland of Clooneylissaun, Kilrush, Mr Kelly’s car met a woman and two young children walking along the road and they were forced to move in to avoid the car the court was told. The defendant refused to stop shortly afterwards again for gardaí at Burrane Upper.

In total Mr Kelly faced five charges of Dangerous Driving Section 53 (1) (as amended by Section 51 of the Road Traffic Act 1968) and 2 (b) (a amended by section 18 of the Road Traffic Act 2006) of the road traf- fic act 1961 at Darragh, Druinineen, Clooneylissaun, Parknamoney, and Ballymacurtain.

He was also charged with two counts of refusing to stop for gardaí contrary to section 109(1) Road Traffic Act 1961 as amended by Section 6 Road Traffic Act 1968 and Section 012 Road Traffic Act 1961, as amended by Section 18 of the Road Traffic Act.

Jude Patrick Durcan said that as all charges related to the one incident he would have to deal with it as such.

He sentenced Mr Kelly, who had numerous previous road traffic convections, to four months in prison for what he regarded as the most serious incident of dangerous driving at Burrane Upper and struck out the other dangerous driving charges.

He fined him € 300 for failing to stop for gardaí at Burrane Upper and took the other charges into account.

The court also heard that on March 19, 2012, gardaí were called to a disturbance in Kilrush. They found Anthony Kelly kicking at a door and noticed a strong smell of alcohol from him.

Prosecuting Garda Inspector John O’Sullivan said the defendant was spitting and shouting obscenities at gardaí. Mr Kelly then left the area on the Gardaí’s request but returned.

“He came up to Sgt Lavin, put his face to Sgt Lavin’s face and then pushed him in the chest,” said the Inspector.

Mr Kelly pleaded guilty to Section 2 of Non Fatal Offences Against the Person Act 1997.

“There are two things I don’t like. I don’t like biting and I don’t like spitting. And I don’t like hearing Sgt Lavin was pushed around,” said Judge Durcan.

Judge Durcan sentenced the defendant to three months for the assault on Sgt Lavin to run consecutive on the four months sentence for dangerous driving.

He suspended the seven month sentence for two years and released Mr Kelly on his own bond of € 100.

“I feel both are matters for a prison sentence and I am baring that in mind,” the judge said.

“The offences before this court today are hugely serious and should you come before me again then you will serve a sentence,” he told Mr Kelly.

“To be fair to this man he has tried, he has fallen off the wagon and he is trying again,” said the District Court Judge.

He said he held the defendant in “high regard as a young man”, but that he would not have a situation where a senior member of the Gardaí was abused and where and innocent members and the public – a woman and children – were put in danger.

Solictor for Mr Kelly, Fiona Hehir said her client had a serious heroin addiction for years.

She said the father of three, with one on the way, had been making great progress in Galway and was now back in Kilrush and meeting with his GP and Sláinte regularly.

He was trying to get back on a methadone programme and was on a list for a rehabilitation facility in Cork.

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Cuts forcing Clare Haven to turn women away

AS MANY as 420 women and children, who were victims of domestic abuse, or an average of three families every week, were turned away by Clare’s women’s refuge centre last year as there was no room to house them.

A total of 148 women and 272 children had to be relocated in other counties or housed with friends, as the service struggles under monetary cuts and a growing need.

While there are no official Garda or CSO figures to record the number of domestic crimes in the county, Clare Haven has come in contact with 466 families affected by domestic abuse last year alone, with many other families understood to be suffering in silence.

Clare Haven, which is working to capacity, is forced to assess the safety of the families presenting at the service and often times work with refuges in Limerick and Galway to find a place for those in immediate danger to stay.

Each year since 2008, more and more of the Government funding for the service has been cut, with the service now very reliant on charity fundraisers.

In his address to the Joint Oireachtais Committee overseeing legislation on domestic abuse, Clare Senator Tony Mulcahy (FG) said it is his belief that an immediate barring order should be issued to the instiga- tor of the abuse banning him or her from the family home.

“We need to take the criminal out of the house and then we would solve a lot of the housing problems,” he said.

As many as 99 families were homed by Clare Haven last year, including 184 children, while there was no room for 148 more families.

A further 219 women are being supported by Clare Haven’s outreach service in their own homes. Some of these women are still with their partners.

Clare Haven caters for women and children only, while male victims of domestic abuse are asked to contact the national organisation AMEN.

Despite the pressures on the Clare women’s refuge, ensuring the safety of the women and their families is paramount according to Clare Haven manager Denise Dunne.

“When someone rings us up, or through outreach as well, the first thing we do is assess the safety of them and their children. If it is something like they are high priority and they absolutely need refuge we would try to see if there are spaces in one of the other refuges such as Adapt in Limerick or Waterside in Galway. We work very, very closely with them. If the woman goes to Adapt or to Waterside when a room does become available we would take her back to Clare,” she said.

“If it is a thing she can stay with family members or friends and it is safe for her to do so, again we will say ring back in as day or two and we will see if we have a room available then.

“But part of the problem with the refuge been full all of the time it is very hard to move women on now. There is huge thresholds for rent allowance,” the manager explained.

“Also there are regulations around the housing list that is making it difficult for women to get on the housing list as well, and finance is huge as well,” she said.

“It is becoming very, very hard for us to keep the services running with the continuing cuts to funding as well. We were cut by 2.5 per cent by the Family Agency this year and that has been consistent with since 2008.”

In 2012 SAFE Ireland, the umbrella group for organisations that help victims of domestic violence, recorded that 8,449 women and 3,606 children received direct one-to-one services from specialist domestic violence support services in Ireland. In addition, in this same year domestic violence services answered 50,077 helpline calls across the country.

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TRAGIC ACCIDENT CLAIMS THE LIFE OF WELL-KNOWN ENNIS GRANDMOTHER

A FAMILY has been plunged into sadness following the tragic death of a grandmother in Ennis on Sunday.

The 74-year-old woman was with her two young grandchildren in the Francis Street area of the town when the accident occurred.

Josephine Lucas was struck by a reversing car near the Aldi and Tesco shopping centres. Despite the best efforts of emergency services, she was pronounced dead at the scene. Gardaí are investigating the incident, which they have described as a “tragic accident”.

They have appealed for the members of the public who may have witnessed the accident to contact them at Ennis Garda Station.

CCTV footage of the area will also be studied as gardaí attempt to piece together the sequence of events that led to Ms Lucas’ tragic death.

It is thought she was at the rear of the car putting shopping into the boot, when it suddenly reversed and knocked her over.

Ms Lucas’ granddaughter and grandson who were with her were unhurt but were treated in hospital for shock.

The accident occurred at around 1.30pm and the road was closed for a period. Two units of the fire brigade from Ennis along with two ambulances and rapid response advanced paramedic responded to the incident.

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Visitor restriction at regional

VISITING restrictions have been put in place at the region’s largest hospital in a bid to curb the spread of influenza.

Last week the HSE advised that people be vaccinated against the seasonal flu as eight people have died so far this season as a result of the flu.

Just last night, (Monday) University Hospital Limerick was added to the list of hospital with visitor restrictions, which bans children visiting the hospital at any time during this period.

Visiting is permitted during normal visiting hours only, from 2pm to 4pm and 6.30pm to 8.30pm, with one visitor only allowed to visit a patient.

“Visitors who arrive outside of these times will not be permitted to enter the hospital,” a spokesperson said.

“Hospital authorities have reminded the public of the importance of complying with these restrictions, as visiting is a major contributing factor in spreading the disease,” she added.

The public are requested to co-operate fully with the advice and instruction of staff.

The HSE confirmed that there are no reports of any patients with flu in any of the four elderly units or hospitals in Clare or at Ennis Hospital.

The HSE Health Protection Surveillance Centre figures show that five children aged under four years have been required to go into an intensive care unit in hospital and there has been a total of 31 under fours admitted to hospital with flu symptoms.

There were 34 people with confirmed influenza hospitalised last week, up from 26 the week before, and bringing the total to 118.

There has also been one confirmed case of swine flu in Cork.

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Judge Durcan expresses legal aid disquiet

A DISTRICT Court judge has criticised “some solicitors in Ennis” for abusing the legal aid system.

Judge Patrick Durcan made the statement when Ennis solicitor Tara Godfrey failed to appear at Kilrush District Court on Tuesday, to defend a client who was on free legal aid.

Ms Godfrey, a sole practitioner, was in Ennis Court House on that morning, where the circuit court was sitting.

At the beginning of the Kilrush hearings Kilrush solicitor Michael Ryan told the judge the Ennis solicitor was on her way and the case was put to the end of the list of hearings.

Just after 12.30pm the case was called again, but Ms Godfrey was not in attendance.

Mr Ryan said he had just spoken to her and she was leaving Ennis. Judge Durcan said that the hearings in Kilrush were finished for the day and criticised what he believed were “some solicitors abuse” of the legal aid system. “The inspector is here, the witnesses are here and the person who is in receipt of the free legal aid is here. If people have too many balls in the air they should pass some of those balls on,” he said.

He remanded the case to Ennis court the following day stating he wanted an explanation as to why the solicitor who was assigned under the free legal aid scheme was not in court. The judge then told the senior law practitioner in the court, Gearoid Williams, that he wanted the issue brought to the attention of the Clare chair of the Law Society.

He asked him to express his “complete disquiet at the total abuse of the free legal aid system”.

Mr Williams said Ms Godfrey did intend to be at the Kilrush court and was sure she meant no disrespect.

“It does appear to be abuse of the free legal aid system. This is a total abuse and our country cannot afford this,” said Judge Durcan.

He added some solicitors in Ennis were behaving like this but said he had not any issues with the solicitors that come before his in Kilrush Court.

At Ennis District Court on Wednesday, Ms Godfrey said she “apologized unreservedly” for what happened in Kilrush on Tuesday. She told the court she had been out of the office on Thursday and Friday and was unaware she had a conflict between the district court and circuit court.

Ms Godfrey said had she known, she would have passed the case to a colleague in Kilrush. “I apologise unreservedly….I can say it will not happen again,” she added.

Judge Durcan said he accepted Ms Godfrey’s apology. He said he raised the issue because gardaí, clients and the court services were discommoded.

“I felt that the public were let down by what happened,” he added.