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Judge recommends case for High Court

A WEST Clare solicitor has said a decision by a judge to forfeit a de- fendant’s bail should be challenged in the High Court.

The comment was made in the case of a 19-year-old Limerick man charged in connection with a road traffic accident in Kilkee on June 30, 2007.

When the case was called at Kilkee

District Court last Tuesday, solicitor Gearoid Williams said he was acting as agent for Limerick solicitor Ted McCarthy who could not attend as he was in Limerick Circuit Court at the same time. He sought an adjourn- ment.

Judge Joseph Mangan remarked, “This is the fourth adjournment. Does Mr McCarthy have any assist- “0 wae

Mr Williams said he did not know,

adding that Mr McCarthy is “nor- mally very organised”.

The judge told him the case was preemptory against the defendant, who was not in court.

He said he was forfeiting the bail and issued a bench warrant for the arrest of the accused.

The solicitor pointed out that the accused had been in court on every other occasion and had contacted the gardai last Monday – the day before

the court sitting.

Mr Williams said, “I think that matter should be challenged in the High Court.

“If I (accused) am not here and you are forfeiting the bail, you are not giving me the opportunity to say why I’m not here. Failure to appear could be caused by anything.”

Judge Mangan replied, “That’s a very interesting argument. The High Court might be interested in hearing

it.”

Mr Williams said it was “Mr Mc- Carthy’s call.”

“If you are up for having no light on your bike, would you take the same view if the court fined you in your absence?” asked the judge.

The solicitor replied, “The question of forfeiture of your bail does not arise unless an application is made.”

Judge Mangan said, “It’s for the Four Courts.”

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Calls for local drug crime garda

CALLS have been made for a resi- dent garda to fight the drugs scourge in east Clare.

Cllr Pat Hayes asked that a member of the force trained in drug detec- tion be assigned to the area to help prevent young people from becom- ing embroiled in the evil trade. The councillor was speaking at a meeting of the Scariff Area Committee of the county council, to which a senior garda officer had been invited.

Superintendent Tony Kennelly was attending the meeting to discuss crime in east Clare.

He told councillors that “while there is a drugs problem in east

Clare, just like anywhere else nowa- days, the worst thing we could do is create a scare situation. There is not a huge problem in east Clare but the area 1S close to Limerick, Ennis and Galway which allows access.”

The superintendent said that gardai are about to embark on a programme of talks for schools on the dangers of orbs

“Drug abuse is a social problem and where young people get involved, out attitude is to try to avoid criminal- ising them the first time. We have recourse instead to options like the junior liason officer programme.

Cllr Hayes said that it would be “very important that we get a garda based in east Clare. The people who

are dealing drugs don’t see this as a social problem – they see it as a busi- en

Cllr Joe Cooney supported Cllr Hayes’ call and added that “parents are very concerned about the issue but a lot of the time they don’t know how to explain it to their children because they don’t know anything about drugs. Would it be possible for gardai to arrange a talk aimed at eyes vaee

Supt Kennelly said he would pro- vide a speaker if any parents or com- munity groups are interested.

He also updated councillors on oth- er crime issues in the area and told the meeting that it’s believed that a gang which came to east Clare from

outside the east Clare area to commit a spate of burglaries have now been caught. He also told councillors that measures which have been put in place to tackle speeding by “boy rac- ers’ 1S proving effective.

‘We set up operations to deal with this problem because east Clare was being targeted. We’re helped with a change in legislation which allows us to seize their cars if they don’t com- ply.”

The superintendent said that the overall picture for crime levels in east Clare spells good news.

“Normally at this time of year with the dark evenings, we would see a spike in crime rates but that hasn’t been the case,” he said.

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Elderly Kilkee woman died after cutting her leg

AN 82-year-old woman died af- ter falling and cutting her leg, the Coroner’s Court in Ennis heard last week.

Joanna Talty died at her home near

Kilkee in September 2007. County Coroner Isobel O’ Dea returned a ver- dict of accidental death caused by hy- povolemic shock, due to hemorrhage associated with a cut to the leg.

Ms Talty’s body was discovered near the gate of the garden of her

house by her daughter-in-law, Mary Talty. In her deposition to the court, Mary Talty said she had called to Joanna Talty’s house after she had heard the phone ringing out.

Ms ‘Talty’s son, Patrick Talty, told the court that he had visited his moth-

er the day the incident occurred.

He said, “I remember Friday, De- cember 28. I was with my mother in the garden in her house. I went milk- ing the cows at 2pm. I didn’t see her NA Coy mn o0t- |

Garda Mary O’Neill told the court

that when she was called to the house, she saw the body of Joanna Talty in an enclosed garden. She said Ms Tal- ty had suffered a cut to the leg.

Ms O’Dea and Inspector John Galvin both extended their sympathy to the family of Joanna Talty.

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Dangerous driving

A YOUNG motorist who a garda saw ‘executing sharp turns’ in a Kilkee carpark has been convicted of care- less driving.

Brendan Behan (20), a trainee me- chanic, of Donoughboy, Kilkee, was charged, arising out of an incident on the evening of June 3, 2007.

Garda Gary Laide told Kilkee Dis- trict Court last Tuesday that Behan was “executing sharp turns” in the East End carpark at Dough, Kilkee.

“There was lots of gravel being thrown up and he was braking heav-

ily. There were lots of cars parked in the carpark and children walking. It was dangerous,’ he said.

He accepted there were “no wheel- ies’ but added “there were sharp athe knee

Defending solicitor Joe Chambers said his client would say “there was no risk to anybody. There was grav- el moved but it wasn’t in a reckless manner.”

Judge Joseph Mangan asked how long did the incident last and was told by the garda “no more than 30 seconds.”

He imposed a fine of €1,000.

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Everybody say Beo, selecta!

PRIMARY school children from all over north Clare and south Galway are returning to school this month with a new and exciting subject light- ing up the curriculum. Hundreds of children from nine schools through- out the region are getting their teeth into anew course which teaches them all about the landscape, ecology and rich history of the Burren.

The Eco-Beo – My Burren Herit- age education programme, which is being delivered by Burrenbeo, with Support from the Burren Connect Project, will take place between Jan- uary and June of this year.

Specially trained experts will offer children the chance to explore the animals, plants, monuments, land- scape and culture of the Burren in a fun and friendly classroom atmos-

je) aster

The Eco-Beo concept was original- ly developed by Burrenbeo, which rolled out the programme to six Bur- ren schools in 2004.

‘“Burrenbeo has worked for the last five years to support the development of new education models that will help people understand how impor- tant it is to conserve what’s left of Ireland’s special places like the Bur- ren,’ said Ann O’Connor of Burren- beo.

‘“Eco-Beo is a unique course be- cause it immerses children in their local heritage over a period of months, adopts new technologies and top educators to do so.”

Course tutors, including Gordan D’arcy, Zena Hoctor and Brendan Dunford, all of whom are experts in their individual areas, will deliver the modules.

Students will also be taken on Bur- ren field trips, where they will have the opportunity to explore the region first hand and put their new-found knowledge to the test. As well as ex- citing field trips and class lectures, Burrenbeo utilises new technology and interactivity as a basis for effec- tive education.

“We hope to find new ways to roll out virtual classrooms to support learners and encourage users to learn through participation and experi- mentation. In a way it’s like subvert- ing the screen that so dominates chil- dren’s lives today,” continued Ann.

‘We hope that through our work lo- cal children will take ownership of their heritage and reconnect with na- ture and the Burren – a place that has to be Ireland’s most perfect learning STOMANRO ev ee tole

Primary school children from Kin-

vara, Kilnaboy, New Quay, Corofin, Kilfenora, Doorus, Kilshanny, Tub- ber and Boston will all take part in this years programme while Bur- renbeo and the Burren Connect Project are actively seeking funding to extend the course to other Burren schools in 2008 and 2009.

To learn more about this and the other work of Burrenbeo check out Wwww.burrenbeo.com, e-mail info@burrenbeo.com or contact the Burren Connect programme Carol Gleeson at cgleeson@burren.ie or 065 7072296.

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Fishing trip ended in tragic death of young Polish man

THE County Coroner has described as a “great pity” a fishing trip by a eroup of friends that ended with the death of a Polish man.

Isobel O’Dea was speaking at the inquest into the death of Dariucz Dzikowski. Mr Dzikowski died af- ter he was swept from rocks on the coastline at Kilkee on October 28, 2007.

Ms O’Dea said weather conditions on the day were particularly bad. She said, “My recollection of the day is that it was a pretty miserable one. It was a great pity that people went fishing. I would like to pay tribute to the rescue services who went out in those conditions.”

Ms O’Dea returned a verdict of death by drowning as result of fish- ing off the rocks near Kilkee.

In giving her decision, Ms O’Dea

said, “I am aware that there is a lack of witnesses in the court, but I am satisfied there is no foul play.”

No members of Mr Dzikowski’s family or any of the witnesses present at the time of the accident were present in the Coroner’s Court in Ennis last Wednesday.

Ms O’Dea said she was aware there had been difficulty contacting wit- nesses and that the Polish embassy was anxious to get a death certificate. She said she would be writing to the Polish embassy to appraise them of the situation.

Inspector John Galvin read to the court the deposition of the deceased’s brother-in-law, Wojech Wilk. He described how Mr Dzikowski was swept into the sea. “It was a Sunday afternoon and we went fishing down past the Pollock holes in Kilkee. I was with Dariucz and our friends, Jan Krsten and Adam Kurzalkowsk1.

At about 1.30pm, a wave hit Dariucz and brought him into the sea. Adam threw him a lifejacket but we couldn’t see him.”

Tony O’Mahony of the Shannon Helicopter Rescue Service told the court, “We located the body within 10 minutes and we administered CPR immediately.”

Garda John Reidy told the court that at 1.40pm on the day of the in- cident he had received a report that a person had fallen into the sea near Kilkee golf club.

‘I searched the area and could not see anyone or find anyone who could help. I realised that the accident had occurred on the cliffs at the far side. I resumed the search there.”

Mr Dzikowski was airlifted to En- nis and was pronounced dead at En- nis General Hospital. Inspector John Galvin extended his sympathy to the family and friends of Mr Dzikowsk1.

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Galway motorist facing dangerous driving trial

A GALWAY man has appeared in court, charged with dangerous driv- ing causing the death of Ennis busi- nessman Howard Flannery last year.

Michael Dillon (37) from Puirin, Inverin, County Galway, appeared before Ennis District Court on Fri- day in connection with a road acci- dent at Ballysallagh West, Newmar- ket-on-Fergus, on June 3, 2007.

Mr Flannery (39), of Cahercalla Road, Ennis, died after he was struck by a vehicle while he was cycling along the Newmarket-on-Fergus

bypass near Carrigoran on the after- noon of Sunday, June 3, last year.

Mr Flannery, who was in training for a triathlon due to take place later that month, had been cycling with a companion on the hard shoulder When the collision took place. Mr Flannery died at the scene while his friend escaped injury.

Mr Flannery was well known in business and sporting circles and was a former boxing champion. He had run several marathons and in 2005 established The Clare Crusad- ers charity which has raised over €150,000 for cerebral palsy since its

inception.

In court on Friday, solicitor for the accused Vincent Shields applied for free legal aid for his client. He said Mr Dillon was not working at Kole

Judge Joseph Mangan granted the application approving Mr Shields as solicitor as well as a junior and sen- OMe LUN To) B

Judge Mangan sent the accused forward for trial to the next sitting of Ennis Circuit Court. Mr Dillon was released on his own bail of €2,000.

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Its life in Gort, but not as we know it

GORT is slowly but surely working its way to the top of Ireland’s festival calendar, following the announce- ment last week that the Life Festival will return to the town this year.

Taking up residence in Lough Cutra Castle from July 4 to 6, it’s expected to attract thousands of music lovers and revellers to the area.

Over the last two years the Life Fes- tival has built up a loyal and growing following. Organisers have focussed

on quality over quantity, with a very limited number of tickets on sale and a luxurious festival experience guar- anteed.

Marketing itself as an alternative to the major festivals, Life fills its stages with quality electronic and tradition- al acts: everything from European psytrance, reggae and world music to minimal techno, folk and trad.

This year the scope of festivities has expanded even further with more non-musical features, such as artistic and culture events. The line-up for

2008 is as yet unknown but last year’s performers included Phil Hartnoll from Orbital and Ronan O’Snodaigh from Kila. A number of high-profile acts are expected to be announced over the coming months.

Organisers are also offering local acts the chance to gain a place on the bill and are calling on artists, bands, DJs, fire performers, jugglers, stilt walkers, theatre performers and oth- er colourful people to put themselves forward. Application forms will be available from early next month.

A limited amount of discount tick- ets are currently available on the fes- tival website, www.life-festival.com. Early bird revellers can purchase special Trusting Life Tickets from €75 plus booking fees and VAT.

These are limited and available on a first come, first served basis. The remainder of the tickets will be re- leased on a staggered basis through- out spring. Allocations of full three-day tickets will be released on February | (€90), March 1 (€110) and May | (€130).

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IFA warns of fly by night promise

ese terday, a spokesman from the De- partment of the Environment said that applications for one-off houses would not be affected.

‘The situation will be the same in Clare as it is in south Galway; the presence of Hen Harriers and the position of a site in the Special Area of Conservation will not be a factor

in the granting of planning permis- sion for one-off housing,” said the spokesman.

These commitments leaves too much ‘wiggle room’ for planners, ac- cording to Clare IFA president Sea-

mus Murphy. “There are real fears in the area. Farmers need to be able to build in their own areas. It’s the Irish way of life. Why should we put the welfare of Hen Harriers ahead of the welfare of farm- ers,’ he said. “We would like to remind all farmers that they can still object to this classification until February 8.”

As much as 35 per cent of Ireland’s Hen Harrier population – some 40 pairs of birds – is believed to live in the area between Clare and Galway.

Last year, Minister Gormley des- ignated some 61,000 hectares in the Slieve Aughty Mountains in south Galway and north Clare as a Special Protection Area for the preservation of the rare bird.

The Hen Harrier is facing extinc- tion in Ireland and the UK with only 20 currently in existence in England.

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Sheepish response

A MAN caught urinating in a door- way in Ennis told gardai his name was ‘Baa Baa Black Sheep’ follow- ing his arrest, a court has heard.

Aidan O’Connell (24) of Consid- ine Road, Cloughleigh, Ennis was arrested at 12.l5am on January 23 last, after a Garda patrol observed him urinating in a doorway in Ennis town centre.

Garda Ian Kenefick told Ennis Dis- trict Court that the accused was very intoxicated and had to be assisted by gardai. He was taken to Ennis Garda Station where he was asked for his name. Garda Kenefick said after the

third time of asking, the accused re- plied, “Baa Baa Black Sheep”.

Gardai later established the man’s identity after finding a credit union card in his pocket.

Mr O’Connell is charged with be- ing intoxicated in public and with failing or refusing to give his name and address when asked.

Defending solicitor Tara Godfrey said her client had no memory of the incident and wanted to apologise to gardai. Ms Godfrey said her client was “a young man who has lost his way and was in a “rut.”

Judge Joseph Mangan adjourned the matter, for preparation of a pro- bation report.