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Woman escapes ‘debt prison’

A CLARE woman who endured a four-year sentence in a € 300,000 ‘debt prison’ has secured a 70-day protection period from her creditors.

The woman, who lives in Shannon, has a mortgage of € 329,000 with a financial institution, the Personal Insolvency Court in Ennis heard on Friday.

The Circuit Court heard the 30year-old secretary took out the mortgage on an investment property with her then boyfriend.

The relationship has since ended and it is thought the man has left the jurisdiction.

The court heard the woman has monthly repayments of € 1,600 and a credit card debt of € 3,600.

She is now living in rented accommodation. Judge Patrick Meaghan was told the investment property cost € 345,000 in 2007 but is now worth € 170,000.

The court heard the property is in poor condition with repair costs estimated at between € 20,000 and € 25,000. Judge Meaghan said he was satisfied to grant the protection certificate, meaning the woman now has 70 days to strike a deal with creditors.

The woman was not in court for the brief hearing, but was represented by Ennis based Personal Insolvency Practitioner (PIP) John Hogan.

Mr Hogan said the court’s decision would come as a relief to his client.

He said, “For 70 days she doesn’t have to worry about court appearances or things like that and just the level of hope that an arrangement can be reached”

Speaking to reporters after the hearing, Mr Hogan said the emotional toll of struggling with debt had been “huge” on his client.

“She has put down four years of virtual trauma from her point of view. She obviously suffered the effect of the break-up of a relationship and then as a consequence of that, to be left holding the proverbial baby with regards the mortgage”.

He said the volountary surrender of the property would have been ideal for the woman but she would have been left with the balance of the mortgage – € 200,000

Mr Hogan added, “It really is a life sentence. Most traumas that people suffer heal in time, but when it comes to finance, you’re getting that letter every week, that phone call.

“There are statements coming in. It never leaves. It’s like a continuous sense of trauma.”

“She really has and people like her have suffered virtually a three year prison sentence”.

Mr Hogan said people he believes the personal insolvency process offers hope to debtors and banks.

“The real hope for people is that they are not expected just to exist. They are expected to be able to live and be socially included.

“What’s actaully happening is that people are trying to pay as much as they conceivably can to satisfy their creditors at the expense of food, light and heat..

“This process actually turns the tables a little bit”

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Irish Red Cross to lend a hand to Clare’s flood victims

THE Irish Red Cross said it is available to help the people of Clare affected by flooding and storms.

More than a month after the first two storms that destroyed homes, infrastructure and livelihoods on the west coast of Clare and along the Shannon River and estuary, and weeks following the third storm, those affected are still referring to the fallout as an emergency.

In Doonbeg a special group has been set up to lobby for “emergency works” along the coast, while families in Cloughaninchy in Quilty battle with insurance companies as they struggle to repair their homes.

In areas like Loop Head, main roads remain impassable and farmers through out the county struggle to reclaim land in time for spring.

Acknowledging the issues facing people in the county the Red Cross said it is there to help.

James Lafferty, Irish Red Cross Clare Area Treasurer, said anyone in Clare’s affected areas that wish to apply for assistance from the Irish Red Cross should contact Fintan Breen, National Services, to be put in contact with their local Community Welfare Office. His e-mail is f breen@redcross.ie. Meanwhile the Red Cross is under financial pressure to provide such services.

“The Irish Red Cross, Clare Area, wish to make an appeal for funds and over the next few weeks we hope to raise much needed funds through church gate collections all over Clare,” said Mr Lafferty.

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Ongoing maintenance was introduced after M18 death

THE National Roads Authority (NRA) say that it has introduced a new system of ongoing maintenance on the M18, since the tragic death of 26-year-old student Vicky Courtney on a stretch the of road near Ballyline.

Ms Courtney died when her car veered off the motorway while driving in poor weather on November 18, 2012.

Following her inquest, which took place last September, Clare coroner Isobel O’Dea wrote to the NRA requesting that “a pool of water should not be allowed” to develop on the motorway.

According to an NRA spokesper- son, the organisation only assumed responsibility for maintenance on the M18 last September.

“The National Roads Authority fully agrees with the objective of the coroner’s statement in this regard,” said a spokesperson.

“Since this time, routine maintenance works have been undertaken including road sweeping and cleaning of gullies, slot drains and outfalls in addition to other general maintenance activities which assist with rapid drainage of water from the road surface.

“The NRA monitors and assesses the network under its direct control with a view to carrying out any maintenance or remedial works which might be required to improve road drainage and maintain the de- sign capacity of the drainage system. However, the possibility of the occurrence of surface water due to extreme weather events or other causes cannot be fully eliminated.

“In relation to the specific location on the north-bound carriageway of the M18 at Ballyline, the NRA is ensuring that our service provider is following their maintenance works. The installation of replacement pipework may be undertaken if the ongoing monitoring referred to indicates that this is warranted.

Ms Courtney’s inquest heard that she died when her red Peugeot spun 360 degrees after driving through a 15-metre pool of water lying across the fast lane. The car crashed into a barrier before overturning on the road.

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West wind blows again

WEST Clare Coastal Windpower has lodged plans for a windfarm to be constructed outside of Doonbeg, months after An Bord Pleanála rejected their previous proposal to build a controversial windfarm in the same area.

Plans were lodged with Clare County Council last week for the construction of nine electricity generating wind turbines at Carrowmore South, Einagh and Shragh – two kilometres south of Doonbeg village.

These wind turbines would have a central stack 85 metres high, with a rotor diameter of 82 metres.

This would give a total height of 126 metres or 413 feet – or well over half the height of the Cliffs of Moher.

Besides the turbines themselves, the new planning permission also includes the construction of hardstandings, a control building, an electrical compound, a permanent meteorological mast as well as associated site roads.

Last July, An Bord Pleanála refused planning permission for what was described as an “industrial scale” € 200 million wind farm in the same location as the current proposal.

This proposal included 45-turbine each of which were in excess of 400 feet.

The proposal caused a rift in the local community with 79 landowners in the area missing out on a significant cash payment to lease their land for the windfarm.

One of the grounds for refusal was the pollution threat the windfarm posed to Doonbeg river that contains 5,000 freshwater pearl mussels – the highest concentration of the species in Clare.

The original decision followed a six-day oral hearing into the wind farm in April of last year, at which the country’s foremost authority on the mussel, Dr Evelyn Moorkens, said that if nothing was done to secure the future of the mussel, the species would become extinct there over time.

A decision on the proposal is not due for some months.

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Council spending money ‘it doesn’t have’

THE cost of the unprecedented run of storms which battered the Clare coast over the past five weeks has grown to a massive € 36.8 million according to new estimates published yesterday by Clare County Council.

This means that more than € 12 million worth of damage was inflicted on the county over the past two weeks – with the giant sea swell and high winds of the St Brigid’s Day storm causing the lion’s share of this new damage.

This, coupled with the € 24 million worth of damage cause during the storm in early January, has left Clare County County with the possibility of a large hole in its budget should central government fail to make sufficient money available.

It was also revealed at last night’s meeting of Clare County Council that the local authority has already spent € 750,000 of its own money on repairs and clean-up operations to date.

County Manager Tom Coughlan admitted yesterday that the local authority has no budget for this € 750,000, admitting that the council was spending money that it did not have.

The council’s Corporate Policy Group (CPG) met before yesterday’s main council meeting and compiled a letter for the Government which stated that the council couldn’t, in good conscience, continue to spend money on repairs without central government giving firm details of the funding that will be made available. The most expensive storm damage was recorded in Lahinch where the council estimates that € 6.064 million will be required to fix damage done to the promenade and surround areas. The cost of repairs at Cloughaninchy in Quilty is now estimated at € 4.716, with the bulk of this going towards the re-construction of more than two kilometres of sea armour. There was also significant damage at Kilbaha in West Clare (€ 3.498 million) and New Quay in north Clare (€ 3.449 million) where roads and sea walls have been destroyed. Other badly damaged areas include Carrowmore (€ 1.628 million), White Strand/Doonmore (€ 1.550 million), Clahane in Liscannor (€ 1.487 million), Kilcredaun Irish College (€ 1.226 million), Carrowdotia, Moneypoint (€ 1.115 million), Doolin (€ 1.025 million) and Liscannor itself (€ 1.011 million). Serious questions have also been raised as to what agency or agencies are responsible for coastal defenses. There are 14 different agencies which have some interest in coastal and river flood defenses. “Until there is some clarity as to who is responsible for these areas this is going to be a very difficult project. We are all talking about providing leadership, but we cannot lead unless we know where we are going,” said county manager Tom Coughlan. “There are a lot of agencies involved, but there is no clarity who is responsible. We need a co-ordinated approach and that has to be led by Government. This is something that is outside the scope of Clare County Council.”

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€91k for Ennis councillors

JUST over € 91,000 was paid out to eight of the nine members of Ennis Town Council last year.

The payments were made up of expenses, wages, and the cost of attending conferences and seminars, with the two councillors who served as mayor for six months each during the year accruing the largest payments.

Current mayor Cllr Mary Coote Ryan (FG) and former mayor Cllr Peter Considine (FF) received € 17,166 each.

The sum included the councillors’ taxable salary of € 8,362 as well as mayoral allowance of € 5,750. Cllr Considine’s expenses also included a trip to Charleston, USA, while mayor.

All town councillors are entitled to the taxable salary, with the exception of those who also serve on Clare County Council – Cllr Tommy Brennan (Ind), Cllr Johnny Flynn (FG) and Cllr Brain Meaney (FF).

The deputy mayors also receive a deputy mayoral allowance of € 2,625 for the six months of the year they serve. In 2013 that payment went to Cllr Brennan and Cllr Frankie Neylon (Ind).

Members of Ennis Town Council are also entitled to claim for 50 per cent of vouched mobile phone costs, as well as the cost of a mobile phone and other “IT equipment” and office costs such as printing.

Cllr Flynn was the only councillor not to receive any payment from Ennis Town Council as he did not claim any expenses. He also refused to claim expenses as a member of Clare County Council, receiving only his Clare County Council salary.

When it came to attending town council meetings, including specialised committee meetings, Cllr Mary Howard (FG) was top of the class, having been to 23 meetings.

Two thirds of the councillors however had a full attendance rate for the monthly town council meetings with everyone in attendance at the budget meeting.

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Sentence depends on compensation payment

THREE men found guilty of attacking a car while a religious ceremony was underway at Drumcliff graveyard will learn next week if they are go to prison.

Michael Doherty (52), Patrick Doherty (34) and James Galbraith (45) were convicted in December (2013) of criminal damage.

They were ordered by Judge William Early to pay € 7000 compensation to the victim.

Judge Early said if the money was paid, he would recommend a six month suspended sentence for each accused.

Finalisation of the case was adjourned to January 22, 2014 when the court heard that compensation had not yet been paid to the victim.

In December Ennis District Court heard mother of two Kathleen Maughan was visiting her husband’s grave when her Ford Focus car was damaged in a violent incident at Drumcliff cemetery.

Ms Maughan told the court she saw three men armed with slash hooks and hatchets alight from vehicles and attack her car on March 24, 2013.

Ms Maughan, who is from Ennis but now lives in Cork, was one of a group of 20 people attending a blessing of the graves ceremony.

Ms Maughan said, “I’m terrified to come to Ennis.

“I’m terrified to bring my children to see their father’s grave”, she added.

The court heard there was a feud between Traveller families in Clare at the time.

Ms Maughan said she had nothing to do with the dispute, which involved members of her family.

“I wasn’t fighting with them at all. I was terrified”, she explained.

The court heard € 7000 worth of damage was caused to Ms Maughan’s car.

Michael Doherty and Patrick Doherty, both with addresses at St Michael’s Park, Ballymaley, Ennis and James Galbraith, formerly of Lissaniska, Ennis and now living in Bettystown, Meath, all denied the charge of criminal damage.

But after hearing the evidence, Judge William Early said, “I believe the evidence of Ms Maughan.

“I believe she is telling the truth, therefore it must follow that I find them guilty as charged.”

Judge Early said it seemed to be the case that Ms Maughan was a “victim of one of these wretched family feuds that are all too common in the traveler community”.

There was a heated conclusion to the case.

A flurry of insults were fired at Ms Maughan from people sitting in the gallery.

A 41-year-old woman, who was later ordered to pay a contribution to charity after pleading guilty to a public order charge, told Ms Maughan she would “bite her nose off”.

Mr Galbraith told Judge Early he would not pay the victim.

“You can send me to jail, Judge. I won’t give her 10 cents. You can put me in jail now,” he said.

The case came before Judge Patrick Durcan on January 22.

He asked if compensation was available.

Solicitor for Patrick and Michael Doherty, Daragh Hassett, said it was not.

The case was further adjourned to January 28 to fix a date for Judge Early to finalise matters.

On Tuesday, the case was adjourned to February 11 when Judge Early will pass sentence.

All three accused were remanded on continuing bail.

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Parents urged to be c yber savvy

CLARE parents are being urged to know who their children are friendly with online in order to reduce the potential for cyber bullying.

Leading forensic psychologist Dr Maureen Griffin says Facebook pages and other social media accounts can often be used by bullies to access information about young people.

“The huge difficulty with this is that it happens outside of schools. It happens in the evening at home, on phones, online and then it seeps back into school,” she said.

Dr Griffin was speaking in St Flannan’s College in Ennis on Wednesday night at an event organised by the parents association.

In a wide ranging lecture on social media and cyber-bullying, Dr Griffin, the founder for Internet Safety for Schools Ireland, said the most common form of bullying she has come across “are girls who will not bully individually but together in a group they bully”.

“The huge difficulty with this is that it happens outside of schools. It happens in the evening at home, on phones, online and then it seeps back into school.”

Dr Griffin, who lectures in the areas of mental health and crime, sexual offenders, online internet solicitation, says anonymous bullying can have an enormous impact on the victim.

She said, “They feel suspicious of everybody and because of that they become isolated not only online but also in the real world.”

Dr Griffin urged parents to know who their children are friends with online.

She highlighted the risks associ- ated with befriending anonymous Facebook accounts.

She recalled visiting an all girls school in Ireland where over 400 students had befriended an account set up in the name of a local road.

“The account was set up by a guy who lived in a different county, had previously served time in prison for sexual offences against adults. He did not contact them (students), did not send them nasty messages, he did not follow them in real life. He simply started collecting their pictures, pictures from teenage discos, pictures from girl’s sleepovers, pictures that were printed out and posted and edited onto other websites,” she said.

St Flannan’s teacher Pat Lynch echoed concerns expressed by Dr Griffin, urging parents to carefully monitor their children’s use of technology and the internet.

Mr Lynch told the meeting he had encountered instances of bullying in every of the 30 years he has spent teaching.

Mr Lynch, who teaches computer class to first year students, said the rise in cyber bullying is a “reason to be concerned”.

“Cyber bullying nearly always crosses over to physical bullying,” he added.

Mr Lynch warned of the dangers of allowing children unrestricted access to the internet in their own bedrooms. He said prolonged exposure to technology can affect student’s concentration, attitude and studies.

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Guerin’s shop hit twice by burglars

A WELL-KNOWN family business in Ennis was targeted by criminals on two occasions over the weekend.

Thieves stole a number of items after breaking into Guerin’s Shop in the Cornmarket area of the town in the early hours of Friday morning at last.

The burglary occurred sometime between 6pm on Thursday, January 30, and 7.30am on Friday, January 31.

It is thought an axe or other heavy implement was used to smash a hole in the front door.

A number of Gael Linn one euro lottery tickets, an amount of various brand cigarettes were all that was taken.

Temporary repairs were carried out on the door but the premises was again targeted just two nights later.

Between 3am and 6am on Monday, morning another attempt was made to gain entry to the shop by trying to force open the front door.

No entry was gained and nothing was stolen on this occasion.

A crow bar may have been used to prize loose a board covering the damage from the previous break in. It is thought the perpetrators may have been watching the shop in the days leading up the burglary.

It is believed they are from the Ennis area. Investigating gardaí are studying CCTV footage of the area and are following a definite line of inquiry.

They are urging anyone who may have seen anything on the nights in question to contact them at Ennis Garda Station.

Guerin’s has operated as a familyrun grocery shop in the Cornmarket area of the town since 1968/69.

It re-opened six years ago and has previously been the target of breakins.

Shop owner Clodagh Guerin said the latest incidents had a big impact on the family.

“It’s not just the financial cost of the damage caused and the things that were stolen, it’s the psychological cost also.

“You’re wondering is this going to happen again?” she said.

The building is the location for ‘The Stone Outside Dan Murphy’s Door’ – a well-known Clare.

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One Outing not enough for gay community

GAY and lesbian people in Clare are seven times more likely to attempt suicide compared to heterosexual people in the county. That is according to Gay Switchboard Ireland, who believe that young lesbian, gay, bisexual and transgendered (LGBT) people in Clare are more likely to suffer from depression, consider self harm or ever even suicide.

A total of 27 calls from Clare were logged by the Gay Switchboard last year. The real number of Clare people using the service is likely to be much higher however, as only a fraction of callers give a county of origin.

According to Eddie McGuinness, organiser of The Outing gay and lesbian matchmaking festival which took place in Lisdoonvarna this year, more openness around LGBT issues is still needed to reverse this trend, especially in rural areas.

“It is a shocking statistic but it is the reality and we have to face up to that. I think families, individuals and friends need to get better at talking about issues like this – not just about your sexuality but all the different things that can get at a person,” he said.

Thousands of LGBT flocked to Lisdoonvarna last September for the first Outing festival – which was part of the traditional Lisdoonvarna Matchmaking Festival.

According to Eddie, events like that can prompt discussion – especially in more rural areas where open lesbian and gay couples are less common.

“I think it was a great event and something that has already had a di- rect impact.

“We received a letter after the festival from a mother who had actually read about The Outing in The Clare People . She read the story to her family and told them that ‘Clare has come of age’. She used those words,” continued Eddie.

“Two weeks later her son came out to that mother and told her that he was gay. And it was the Outing and the coverage of it that made that possible. That is a success right there.”

Gay Switchboard Ireland is open seven days a week on 01 8721055.