Category: News

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

PATIENTS referred to speech and language therapy or physiotherapy services through the public health system by their GPs are not receiving the required treatment because they are residents at an Ennis Mental Health unit.

This inequality in services provided to residents at Cappahard Lodge emerged during an unannounced inspection of the 32-bed unit by the Mental Health Commission on July 10.

“It is unacceptable that a public service will not accept a referral for a speech and language therapy assessment or a physiotherapy assessment simply because the persons referred are patients of a mental health service,” the inspectors said in their report.

Eight residents, who had been referred by their GP to avail of speech and language therapy services, and one resident, who had been referred by their GP to avail of physiotherapy services, had to pay for them privately.

“In this regard, there appeared to be an inequity of service provision afforded to mental health patients, in that residents of the approved centre did not have access through the public health system to speech and language therapy and to physiotherapy, despite being referred to these services by their GP,” the inspectors found.

Inspectors Sean Logue, Assistant Inspector of Mental Health Services, and Dr Fionnuala O’Loughlin, Assistant Inspector of Mental Health Services, recommended that resident of Cappahard be provided with the services through the public health system, as required.

The inspectors also found that the unit was in breach of the condition of its registration, which required that it be fully compliant with Article 15 of the Regulations Individual Care Plans. They found that a signif cant number of residents had not had a six-monthly physical examination carried out and in some instances; this had been due for over three months.

According to the inspectors’ report deaths had not been notif ed to the Mental Health Commission within a 48-hour period as required.

The report also stated, “The premises were clean, warm, adequately lit and well ventilated, and had been recently painted and decorated.”

rity staff member Aidan O’Connor and Mr Cooper.

“I was taken from behind and put out the door for no reason”, he said.

Mr Sherlock said he repeatedly asked to see the manager but was pushed back by Mr Cooper.

“Kevin Cooper kept pushing me till I fell to the ground and when I was on the ground, I received a kick to the head”, he added. The court heard Mr Sherlock was taken to Limerick hospital where he received four sta

IS IT a bird? It is a plane? No, it actually is Superman. The hunt is on to discover the true identity of a mystery man who has taken to running along the dual-carriageway from Bunratty to Shannon dressed in a full Superman outf t. The Clare man-of-steel, who is believed to be a student in the Shannon College of Hotel Management, caused a big stir last week when he was spotted by motorists running the wrong way along the N-18 between and Bunratty and Shannon.

A large number of people reported spotting the runner early last Wednesday morning, October 29, with a number of motorists also reporting the bizarre incident. A picture, reported to by the mystery man himself, was posted online last week but, just like Superman himself, The Clare People has as yet not been to discover his true identity.

A spokesperson from the National Roads Authority (NRA) yesterday warned against people running on the N18, describing the practice as dangerous and a potential hazard.

All runners, cyclist and people using low powered or slow vehicles are prohibited from travelling on motorways, with runners only allowed on National Primary Roads with the permission of the Gardaí.

“The NRA would not recommend that anyone would run on this stretch of road,” said Sean O’Neil from the NRA.

“Runners are not permitted on the motorway under any circumstances. They are considered to be putting both themselves and motorists at risk.”

It would have taken the mystery runner more then half an hour to run the 8 kilometre roadway between Bunratty and Shannon – with the runner most likely turning off the main road just before it became a motorway.

THERE were unruly scenes at the Central Criminal Court in Dublin last week after Michael Maughan of Stone Court, Ennis, was convicted of murdering Piotr Nowakowski (peter nova kovskee) in Ennis last year.

Supporters of the accused man shouted abuse at the jury and overturned a bench in the court room.

It took the jury under 2 and a half hours to unanimously convict Michael Maughan (40) of the murder of Piotr Nowakowski at Sandf eld Mews in Ennis in July last year.

He had admitted manslaughter. The jury heard he stabbed the Polish man twice after they’d spent the day and night drinking together.

In a victim impact statement relatives said his loss is like ‘a big sadness taking our soul’.

Maughan’s lawyers offered his apologies and said he really regrets what he’s done. Justice Paul Carney imposed the mandatory life sentence for murder and the court rose.

After that there was uproar as a couple of Michael Maughan’s supporters overturned a bench and hurled verbal abuse at the jury before gardaí intervened to restore order.

Michael Maughan, had pleaded not guilty to murder but guilty to the manslaughter of Piotr Nowakowski, aged 31, at Sandf eld Mews, Ennis, on July 23, 2013.

The Central Criminal Court was told that the manslaughter plea was not acceptable to the prosecution and a jury was sworn in for the one-week trial. Maughan had also pleaded not guilty to assaulting Declan O’Dea at the same address on the same date. The jury of seven men and f ve women found him guilty on both counts by unanimous decision after two hours and 23 minutes.

Mr Justice Paul Carney handed down the mandatory life sentence for the murder to run concurrently with four years for the assault. He backdated both sentences to July 24, 2013, for time spent in custody.

Mr Nowakowski was stabbed twice and died in an ambulance on the way to Shannon Airport, from where he was to be airlifted to hospital in Cork. The court heard that Maughan and his brother had been drinking with the men in the apartment in the Sandf eld complex earlier that day and returned there that night.

He told gardaí he was angry when he was not allowed in.

He said he lifted his brother in through a window so he could let him in the front door.

Maughan told gardaí that he went into the bedroom where Mr O’Dea and Mr Nowakowski were asleep.

After Mr Nowakowski followed him into to the kitchen, he got paranoid and grabbed a carving knife from the counter.

He told gardaí he “just went berserk” and he stabbed him twice in the side. The court heard the deceased received several blows and was stabbed before receiving a further kick to the head.

A JUDGE is considering imposing a two-year prison term on a woman for what he called a “vicious assault on a completely innocent person”.

The 20-year-old woman pleaded guilty at Ennis Circuit Criminal Court on Friday to robbery of a handbag and items with a total value of € 1780 from a woman on O’Connell Street, Ennis on September 2, 2014.

After hearing details of the drink fuelled robbery where the female victim was punched, kicked and pulled to the ground, Judge Gerald Keys said he had in mind a two-year prison sentence.

“This type of carry on has to stop”, the Judge said.

Judge Keys also noted the victim was too intimidated to come to court.

Garda Darren Lynch told the court gardaí met the female victim in a “quite distressed state” after responding to reports of a robbery outside the Old Ground Hotel at around 11.50pm on the night in question.

He said swelling was visible on the woman’s face.

The court heard the victim was walking on O’Connell Street when she noticed someone walking behind her.

As the woman neared the entrance of the hotel, her attacker ran in front of her and asked her for a cigarette.

The woman said she did not smoke and at this point the accused made an attempt to cover her face. Garda Lynch said at this point, the victim became afraid.

He told the court the accused then punched the woman twice, knocking her to the ground.

After attempting to grab the woman’s bag, the accused then kicked her a number of times.

“At that moment she described herself as screaming for help”, Garda Lynch said.

Asked if the woman had been informed of her right to make a victim impact statement, Garda Lynch said she had.

However Garda Lynch said the woman has not been herself since the attack.

He said the victim was afraid to come to court because she knows her attacker.

“She would feel intimidated by coming here,, he added.

The attack was witnessed by a taxi driver.

“He witnessed the attack and the ferociousness of the attack”, Garda Lynch said.

The accused was arrested half a mile away approximately 70 minutes after the robbery.

The accused also discarded the handbag on O’Connell Street and all items were recovered.

The accused was arrested and told gardaí she consumed a f agon of ci der, two bottles of wine and a few cans prior to the robbery.

However Garda Lynch said the woman later minimised the amount she had drunk.

He agreed with Prosecuting Counsel Stephen Coughlan’s view the attack was the product of the accused’s “bad temper and the consumption of liquor”.

Defence Counsel Pat Whyms said his client is “very sorry for what she did”.

Judge Keys said, “I regard this as a vicious assault on a completely innocent person”.

He said he had in mind a two-year sentence. However Judge Keys adjourned f nal sentencing after requesting further clarif cation of issues raised by the defence in relation to the personal circumstances of the accused.

The woman was remanded in custody to appear again in court on November 7.

the onset of winter.

It is unclear if the dolphin was alive when it was initially washed ashore at Fanore, but the body was badly damaged when it was discover by a member of the public on Monday.

“It looks like a striped dolphin, a species that is frequently stranded, often alive, but rarely observed in Irish waters. They are an offshore pelagic species occurring in deep water,” said Simon Berrow of the Clare based Irish Whale and Dolphin Group (IWDG).

“They typically occur in warmer waters than Ireland and the increase in stranding records could be due to a warming of our waters associated with climate change.”

The IWDG co-ordinate the cetacean stranding scheme in Ireland and ask that all sightings of stranded dolphins, whales and porpoises are reported to them by email on strandings@iwdg.e or online on www. iwdg.ie.

The group have a network of recorders who visit stranded animals to record species, length and gender for long term monitoring.

IRISH WATER has doubled the charge for treated water in Clare since taking over the utility provision from Clare County Council.

The charge of € 2.44 per cubic metre of water set by Irish Water is a massive 49.1 per cent higher than the € 1.20 charged by the local authority for the same water, which runs through the same pipes and from the same source. A close examination of the water charge f gures also shows that Clare County Council proved better value for money when it came to disposing of waste water with its cost set at € 1.65 per cubic metre, as opposed to Irish Water’s charge of € 2.44. On Saturday, as water fell freely from the sky, almost 2,000 people marched against the water charges in Shannon and Ennis.