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A MAN who is accused of harass- ing his former girlfriend lost his job in Shannon as a result of an incident involving him and the woman’s new boyfriend.

Shannon District Court, sitting in Ennis, heard Garda evidence con- cerning charges against John Consi- dine (27) of 24 Gort na Ri in Ennis.

He is accused of harassing Louise Curtin on dates between October 3

and November 11, 2006.

Judge Joseph Mangan heard Garda evidence alleging that after the break-up, Considine continued phon- ing, texting and sending flowers to Louise Curtin. He also had requests played for her on local and national radio stations.

When Curtin began a new relation- ship with a work-colleague of Con- sidine’s at Tyco Electronics in Shan- non, he began “leaving messages on their cars and following them home”,

it was claimed.

As aresult of an altercation, Con- sidine lost his job at Tyco, the court heard. It will also be alleged that Considine made threats in his text Naoko

Judge Mangan asked how serious the threats were and was told by a Garda witness that they were “not very serious. He was saying they would be on the dole soon too”.

Judge Mangan accepted jurisdic- tion in the matter. He remanded

Considine on bail and agreed to a Garda application to change Consi- dine’s address after hearing that he was moving to his mother’s home in Kildysart. The judge put conditions on the bail that Considine stay out of Shannon town centre and industrial estate, that he sign on at Ennis Garda Station three times a week after 6pm, and that he have no contact with Lou- ise Curtin or David Grimes.

He was remanded to the court sit- ting on September I1.

THE Labour Court has dismissed a claim by SIPTU for holiday pay at Ryan Brothers (Quarry) Ltd, ruling that it would produce an absurd re- Ste

The dispute between the company and union arose over the interpreta- tion and application of a holiday pay and bonus agreement.

According to the court, the dispute centred on the agreement relating to holiday pay struck in 2005 which stated that “when an employee is

taking annual leave, the average overtime earnings of the previous 13 weeks are calculated and a pay- ment of 50 per cent of this is added to the holiday pay for each day’s leave roe

The Labour Court stated: “The problem is that the union’s interpre- tation would give an employee five times as much as the company’s in- terpretation.

“The parties contacted the employ- ee relations facilitator and arbitrator who was involved in the agreement in October, 2005, for his interpreta-

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In his reply the arbitrator stated: “It would transgress the bounds of com- mon sense to have both parties agree to an agreement whereby the over- time element added to the holiday pay would be 2.5 times greater than the actual average weekly overtime for the proceeding 13 weeks.”

The dispute was referred to the La- bour Relations Commission and a conciliation conference took place.

‘As the parties did not reach agree- ment the dispute was referred to the Labour Court on 30 November, 2007

and a Labour Court hearing recently took place.

According to the union, the agree- ment of 2005 was quite clear in its wording: There is no mention of di- viding the weekly average overtime by 5 and then applying 50 per cent of this figure per day’s leave.

Both sides accepted the wording in the agreement. The company stated that it was at a loss as to how the Un- ion came to its interpretation.

The company stated: “No reason- able employer could be expected to pay an employee 2.5 times the aver-

age overtime earnings for each day’s annual leave taken. The facilitator agreed with the company’s interpre- tation.”

In its formal recommendation, the Labour Court stated that it “is of the view that the interpretation placed on the agreement by the union would produce an absurd result which could not have been intended.

Furthermore, the wording of the agreement does not support the in- terpretation. Accordingly, the court supports the company’s construction of the clause at issue.”

TWO major benefit events in aid of an Ennis man seriously injured in a motorbike accident take place in En- nis next weekend.

Liam Casey sustained serious spine and neck injuries when he was in- volved in a motorbike crash in Ennis on Sunday, July 6.

Liam was returning from a trip with the Banner Motorcycle Club when the bike he was traveling on skidded in wet conditions in Ennis.

He is currently being treated in the Mater Hospital, Dublin, where he re- mains in a Serious condition.

Now friends of Liam at the Banner Motorcycle Club are rallying around and in order to assist Liam’s family with expenses, have organised two events that will take place on Satur- day, July 19.

Motorbike enthusiasts are asked gather for a bike run at the One Mile Inn, Lahinch Road, Ennis, at 2pm next Saturday. The cost is €50 and the run commences from the One Mile at 3pm sharp.

The €50 cost also covers the cost of admission to a rock night which takes place later that night at the Au- burn Lodge, Gort Road, Ennis.

Music by local bands and The Bik-

er DJ and the music gets underway 9pm. The cost of admission is €10 with all proceeds going towards as- sisting Liam’s medical expenses and any future care that might be re- quired.

Banner Motorcycle Club are ap- pealing for people to come out and support on the night.

All club members are also asked to return their tickets to the Record Rack, Ennis.

Established in 1973 the Banner Motorcycle club is one of the longest established Motorcycle Clubs in Ire- land. Meetings are held on the first Wednesday of every month in Lucas

Bar, Parnell Street. New members are always welcome.

Aidan Woodford, a member of the Banner Motorcycle Club, said every- one associated with the club were ea- ger to support Liam and his family.

He said, “We were out on a run last Sunday. It was the 35th anniversary of the club so there was a good few of us out.

“We were coming back to Ennis and the road was a bit slippy and L1- am’s bike skidded.

‘It was a very serious accident. He’s a very nice guy. It’s a very tough time for his family. We’re hoping to get a good turnout on the night.”

THE Killaloe Diocesan Trust has instituted legal proceedings against two builders over their alleged fail- ure to complete the €554,000 pur- chase of Doonbeg National School from the diocese.

At Ennis Circuit Court this week proceedings taken by the Killaloe Diocesan Trust and Doonbeg priest, Fr Joe Haugh against developers Ni- all Cunningham and Brian McGoo- ey over the pair’s alleged failure to complete the purchase of the school are to be heard.

According to a claim lodged with Ennis Circuit Court by the diocesan trust, Cunningham and McGooey entered into a contract with the trust and Fr Haugh to purchase Doonbeg National School for €554,000. It states, “The closing date for the sale has passed.”

The claim states that the diocese has constructed another school in the village and have borrowed on the strength of receiving the funds out of the proposed sale of the Doonbeg National School site.

It continues, ““They are now expe- riencing considerable hardship as a result of the failure of the defendants to honour their obligations under the rie

Recently Cunningham and McCoo- ey were granted planning permission to construct 75 homes in Doonbeg.

The two are seeking to take advan-

tage of the need for tourist accom- modation brought about by the €150 million Doonbeg golf resort. However, as part of the conditions of planning, the council has stated that all the homes be used as the

principal place of residence.

This has prompted the developers to appeal the condition to An Bord Pleanala, stating that the condition is “onerous and that at least a propor- tion of the dwellings should be made

available for use as holiday homes”. The developers argue that the con- dition is onerous “in view of the na- ture, scale and design of the proposed development and the nature of the existing tourism product of Doon-

beg, which is currently characterised and restricted by a distinct shortfall in holiday home and tourism accom- modation”.

The developers state that the 1mpo- sition of the condition “is not in com- pliance with the proper planning and development of the area”.

The appeal states, “It 1s acknowl- edged that there are concerns regard- ing the provision of further holiday homes in Doonbeg potentially result- ing in the village becoming season- ally quite.

“However, it is argued that owing to the quality of the proposed scheme, it is unlikely that these houses will be purchased by people who only wish to reside in the area for a small portion of the year, but in contrast these houses are suitable to cater for people who will reside in them on a more continuous basis, eg retirement homes. This means that there will be a high rate of occupancy in the de- velopment throughout the year with resulting benefit s for the economy of the settlement.

The appeal also cites a policy of the West Clare Local Area Plan, which states that visitor accommodation will be encouraged to locate within settlements, ie such as Doonbeg.

A decision is due on the appeal later this year.

UNEMPLOYMENT is on the up, new houses remain unsold but a “very select” few are to beat the blues by being part of the county’s first pri- vate members club with a 24 hour concierge and chauffeur service.

Ennis Town Council has granted planning permission to developer Jack McCarthy for a club on the top floor of the former Central Buildings overlooking the Abbey Street car ee

The council has granted planning for the proposal after ruling that it “will have no detrimental impact on the character and function of the area as the proposed club is to be a very select club with a very high level of (onan eres

It is located in a commercial area in the centre of town and is therefore an appropriate use”’.

However, the council has provided a sting in the tail by granting plan- ning permission for the proposal for only one year.

“This permission shall be for a temporary period for one year from the date of the final grant of permis- sion after which time the use shall revert to office unless an application for its retention is lodged with and approved by the planning authority or An Bord Pleanala.”

The council state the reason for this “is in the interest of orderly develop- neon ae

But the hurdles that Mr McCarthy has overcome to secure planning permission won’t appear like any-

thing that has to be done to receive membership for the club.

According to planning documents lodged with the town council by ar- chitect, Michael Leahy: “my client intends to operate an ultra-exclusive members only club with heavily vet- ted membership”.

On the sale of alcohol at the venue, Mr Leahy said: “No, my client aims to promote an alternative to the peril- ous drinking ‘culture’. In-house pur- suits are geared away from alcoholic Loyetiebesyolaleyne

“My client aims to provide a pri- vate environment for the purpose of business and social networking. It will provide as a business outpost for the corporate traveller while provid- ing an unthreatening environment in which to socialise.

The club will facilitate 24 hour teleconferencing, wi-fi and _ cleri- cal services; a 24-hours chauffeur and concierge service; chess back- gammon and games area; humidor; heated smoking,’ according to the submission.

THE drive to experience different aspects of life has seen people take on many challenges, but the need to know what high altitude felt like saw one west Clare GP go to great heights.

Kilkee town councillor and local GP Dr Tom Nolan had his curiosity well and truly quenched when he ar- rived at the summit of Kilimanjaro.

The Kilkee man was the only one in his group of four to make it to the top of the highest mountain in Africa.

Once a climber is higher than 19,000 he or she begins to feel the effects of “extreme” altitude. Kili-

manjaro stands at more than 20,000 feet high.

The amount of oxygen in the air would also be half what it would be at sea level, making the challenge all the more difficult.

Altitude sickness can manifest in insomnia, nausea, headaches and, in extreme cases, diarrhoea. The top of the mountain is also extremely cold, especially at night.

A keen hill walker, Dr Nolan said he always wanted to experience the effects of altitude.

The Kilkee doctor took the Mach- ama or Whiskey route with his three Northern Ireland companions.

They circled the mountain for five

days before Dr Nolan climbed to the summit. On the night he reached the summit the temperature dropped to minus 15 degrees.

While 40,000 people visit the mountain every year not everyone makes it to the top.

Dr Nolan received a certificate in recognition of this feat. It was marked number 32,000.

Describing the climb, Dr Nolan said, “It was anything but fun.”

‘I didn’t necessarily feel that it was a personal achievement. I just wanted to get back down. It was very cold,” he said.

‘‘T have experienced altitude. I don’t like it and I won’t be going back. I’m

going back to Kerry, the landscape is nicer. It is something I have ticked CO) Nap eeh astm

‘Fair play to anyone who does this regularly, they must be crazy,” he laughed.

The doctor learnt the importance of home comforts on the trip.

“Any creature comforts you can glean along the way go for it. I have learnt that you need a good back up group. Morale is very important,” he SHOE

“You need life experience to know when not to give up and when to give up. I won’t say that I enjoyed it but it may mean more to me when I look back in time,” he added.

A 38-YEAR old Ennis-based sales- man who feared that he may die of AIDS and may not see his young son erow up after finding a needle em- bedded in his knee while in hospital, is suing the Health Service Executive (HSE) over the incident.

At Ennis Circuit Court this week, the man is seeking damages from the HSE in relation to the incident that occurred at the Limerick Mid Western Regional Hospital on May 1, 2005.

According to the claim lodged by the man, he was staying overnight at the hospital to be with his sick son, then aged two and a half.

The man slept on a mattress beside his son but at 6am woke to a feeling of mild pain in his left knee.

A YOUNG west Clare man has been charged with raping a 14 year old girl. The accused, who cannot be named for legal reasons, appeared before Ennis District Court on Friday. Seeking an adjournment for service of the book, Inspector John Galvin said that he needed the case put back to prepare what would be a “lengthy book of evidence.” The man was re- manded on bail of €1,000 on condi- tion that he have no contact with the alleged injured party or her family.

On examination, the Ennis man discovered an orange-coloured nee- dle protruding from his knee, with the needle puncturing his skin and drawing blood.

As a result, the man was placed in genuine fear and apprehension of having contracted AIDS or Hepatitis ‘oF

The man was advised to attend the accident and emergency department where injections were administered and, according to his claim, the pos- sibility of having contracted HIV was mentioned to him during his time in the accident and emergency depart- ment by a HSE employee.

At the accident and emergency de- partment, the man was injected with HIV antibodies and advised that tests for HIV and AIDS would be performed in due course.

According to the man’s statement of claim, he began to experience panic attacks in the period following the incident and frequently suffered from shortness of breath and felt a heaviness in his chest during which he felt he was having heart attacks.

The claim states, “These panic at- tacks occurred several times per month, lasting five to ten minutes each and were also characterised by sweating, shaking and pins and needles in his arms. The plaintiff suffered from disturbed sleep and awoke due to the panic attacks on several occasions.”

The man was subsequently referred to a consultant pathologist and he said that administering the HIV anti- bodies was the wrong procedure. The consultant confirmed that there were concerns regarding the man having

contracted HIV or AIDS.

“The plaintiff was unclear as to the level of risk.

“He became even more concerned about his health as time went on and came to the view that he was going to get AIDS, that he would die a young man and miss seeing his son grow up. He became irritable and suffered from loss of concentration.”

Subsequent tests for HIV and Hepa- titis C proved negative and the results came before and during a family hol- iday to Lanzarote.

According to the claim, the holiday was ruined and the man spent the entirety of the holiday sitting around the pool crying and worrying about his future.

The claim states that the effects of the “needle” incident on the sale- man’s life were profound. The claim

states, “His personality was funda- mentally affected. He became much less relaxed and less outgoing. He avoided going out socially. He had suicidal thoughts and was subjected to taunts by work colleagues who became aware of his HIV test. The plaintiff has delayed trying to have a second child with his wife as a result of his residual fear about HIV.

The man attended a consultant psy- chologist in May 2006 and she con- cluded that the man had developed an anxiety disorder and suffered consid- erable psychological distress arising directly from the trauma associated with the incident and the limited re- sponse and support provided by the sls ay

The man is responding to anxiety management techniques and cogni- tive behavioural strategies.

THE demise of US airline American Transair (ATA) has had minimal im- pact on the number of US military personnel going through Shannon Airport, new figures confirm.

According to the figures released yesterday by the Shannon Airport Authority (SAA), 124,441 members of the US military went through the airport in the first six months of this year on 893 flights.

This represents an increase of 36 per cent on the 90,897 that went through Shannon on the correspond- ing period in 2007.

During the first quarter of 2008, over 66,000 US personnel went through Shannon. It was speculated upon that the bankruptcy of one of the troop carriers, ATA, at the end of March would have a negative effect on the numbers.

Second quarter figures show that 57,/74 troops passed through com- pared to 66,667 between January to March.

Well over a million US military personnel have gone through Shan- non since the invasion of Iraq.

The SAA does not release the prof- its made from the US military traffic. But it is estimated that the SAA will have made a profit of €7 million last year through this business.

Speaking last year the chairman of

the SAA, Pat Shanahan said: “Shan- non has a tradition of handling mili- tary traffic. We do it very well and we have the infrastructure to do so. Geographically, the airport 1s ideally located between the two great con- WDA OLAS

“It is a business we do very well. Obviously the ultimate decision is a government decision, while there is a business opportunity we will cer- tainly capitalise on it and Shannon captitalizes on it better any airport that I know in the world in terms of friendliness and in terms of the serv- ice level we give the various carriers that operate that business.

Last December, the Minister for Justice, Brian Lenihan, confirmed that over €7 million had been spent on preventing Shannon Airport from incursions from anti-war activists over the previous two years.

This follows the estimated profit of €16.4 million made from the muili- tary traffic in 2006 and 2005.

Minister Lenihan confirmed that €4.69 million was spent on policing arrangements at Shannon last year. To the end of November this year, the costs are put at €3.1 million.

A KILKEE businesswoman has ex- celled in her professional field for the second year in a row. ;

Public relations officer Aine Car- mody has secured a “Highly Com- mended Certificate for Excellence in Communications” by the Public Re- lations Institute of Ireland with her company Carmody Smith PR.

Originally from Tullaroe, the former pupil of Querrin National

School and the Mercy Convent Kil- kee, along with her team, secured the award for the Sligo Live Festival 2007 campaign.

From a west Clare family of II, Aine 1s now based in Dublin with her husband and one-year-old daughter.

Her mother Dolly still lives in Kil- kee and Aine likes to visit her home- town as often as possible.

She set up the successful company with her business partner in January Aue s

The company represents mostly cli- ents involved in entertainment.

Last year Ms Carmody was recog- nised for her work in promoting the very successful series of “Pop’s Fam- ily” books aimed at children with Downs Syndrome.

This year’s award was bestowed on the company for the outstanding public relations campaign it created and delivered for the Sligo Live Fes- tival 2007. Sligo Live is an annual event and returns this year on Octo-

ber Bank Holiday from Thursday, 23 to Monday, 27 October 2008.

In a statement the company said, “Carmody Smith PR is delighted to consistently achieve exceptional re- sults for its clients as demonstrated in the public relations campaign for Sligo Live Festival 2007.”

THERE was a net loss of 131 jobs in the Shannon Free zone in 2007, the development company’s annual re- port shows.

While 354 new jobs came on line, 485 job losses were recorded during the year.

But the good news in the report 1s that sales figures, considered to be a reliable barometer of growth in the knowledge economy, have grown tot he point where Shannon Free Zone International Services now accounts for 70 per cent of total Free Zone sales compared to just 56 per cent in

Auer

The report, unveiled yesterday to an audience of dignitaries including Ta- naiste Mary Coughland, Dail depu- ties and the mayors of Clare and En- nis, shows there are now more than 7,000 people employed in the Free Zone in more than 100 companies.

In 2006, the year for which latest figures are available, Shannon Free companies generated €3.3 billion in sales, over 90 per cent in exports.

Investments in 2007 included a €100 plus million investment by Schwarz Pharma and in-house re- search and development by compa- nies in the zone amounted to €40

million.

New companies which came into the Free Zone during the year includ- ed Whitehorse Insurance, PC Tools Softwear and Genesis leasing.

The development company sank €8 million in providing property solutions for indigenous and foreign direct investment companies during the year.

The company also completed 17 land transactions and ten building sales, generating more than €14 mil- lion for investments in future devel- opments.

Shannon Development entered into 64 new leases with business clients

during the year and there were more than 100 lease renewals completed with clients in the same period.

In the tourism brief, the region at- tracted two million visitors during the year and generated more than €443 million in tourism revenue. Shannon airport recorded more than 3.63 million passengers during the year.

The company’s tourism market- ing team got the tourism message out to 250 million potential visitors world-wide through attendance at 40 national and international trade and consumer tourism events, focused e-marketing campaigns and adver-

ornate

Domestic visitors to the region numbered some 865,000, a 13.6 per cent increase over the previous year which generated €150 mullion for the region.

During the year, the company worked with private sector promot- ers and investors on a range of tour- ism projects with a potential future investment of more than €250 mil- iteyne

A fund of £12 million was invested in broadband roll-out by Shannon Broadband Ltd, a public sector con- sortium led by Shannon Develop- ment.