Category: Uncategorized

THE lid has been lifted on what should be the private lives of mem- bers of the O’ Dwyer family.

Over four days’ evidence, very per- sonal details of a north Clare fami- ly’s everyday life has been aired.

Each day, Patrick O’Dwyer sat alongside his mother, father and sis- ter. His mother’s support for her son was patently obvious. She regularly patted his knee or held his hand, told the jury there wasn’t “a bad bone in his body”.

This case is unique. The defend- ant, victim and chief mourners are all members of the same family. The pressure on Patrick O’Dwyer’s mother Claire was all too obvious throughout the trial, particularly as the harrowing details of how her youngest daughter met her death were aired publicly in court.

Claire O’Dwyer left the court as State Pathologist Dr Marie Cassidy gave evidence of Marguerite’s death, last Tuesday morning.

Her husband Paddy sat firmly through the evidence, mainly staring towards the ground, but sometimes looking ahead.

Their daughter Louise (22) sat alongside them throughout the trial. Claire and Paddy’s only liv- ing daughter remained eagle-eyed throughout the trial, but the strain on her face showed as the jury finally brought in its verdict.

The accused man sat hunched for-

ward and staring at the ground for the most part. Throughout the evidence, he remained focused on the floor and rarely raised his head.

He did wipe his eyes with a tissue on a number of occasions, notably when details of his interviews with

gardai were recalled.

He also shed tears when his fa- ther recalled him helping out on the family farm as a child and showed emotion when his mother sat in the witness box and told the jury what a wonderful son he was.

Patrick’s focus on the ground was cast aside during one particular part of the trial. As Mr Justice Paul Car- ney was delivering his charge to the jury, Patrick O’ Dwyer sat up straight and looked up at the judge. He also raised his head and looked at the jury

as it announced its verdict, just min- utes after 8pm last night.

Courtroom Number One was a flurry of activity during the trial. The front of the room was filled with so- licitors and barristers involved in the case. Behind them, several journal- ists noted the facts of the case.

Further back, in the public gallery, several gardai involved in the case sat close to family relatives and friends of the O’Dwyers, while a number of onlookers wandered in and out of the courtroom, intrigued by the harrow- ing details of a family tragedy.

Sitting to the right of the courtroom Sat six men and six women, whose job was crucial — it was the jury’s re- sponsibility to decide the outcome.

The trial judge pointed out that the jury was a bit older than the average LUMA CBE: CeB RBIS lonKM(OKmOleNot in age to the accused’s parents than to the accused man.

“You are a little bit older than the average jury … more common sense and more experience to draw on,’ was the opening remark made by the trial judge in his charge to the jury.

Ultimately, the jury used this com- mon sense and experience to find Patrick O’Dwyer not guilty of the murder of his sister, but guilty of manslaughter by reason of dimin- ished responsibility.

THE West Clare Kidney Support Group is hoping to improve on the €33,000 it raised last year with its eighth annual fundraising walk in Kilrush on May 6.

All of this year’s proceeds will go to the Dialysis Unit in the Mid West- ern Regional Hospital.

Committee member and transplant patient, Fran Carmody, said that his own experiences and the death of his

brother in law from renal failure in- spired the fundraiser.

“Myself, Tom Prendeville and my niece, Michelle Gallery, had the idea and it was only going to be a one off at first. We have since done the walk every year for the Irish Kidney As- sociation and this time we decided to donate the money to the regional hospital. They are working really hard. Four out of seven days a week, the unit is running 24 hours a day. This is our way of giving something

back.”

Mr Carmody said that he has “nev- er looked back” since his kidney transplant in 1998 but that dialysis was still a daily struggle for many people.

He added that local support has been excellent.

“Local people help out with water stations on the day and we always get a great turnout. Everyone seems to know someone affected by it and people are always willing to help.”

The walk, which attracted 500 walkers last year, has gone from strength to strength since its first out- ing raised £3,500 (punts).

This year’s walk will start at 3pm from the square in Kilrush and will go as far as Cooraclare where there will be music and refreshments.

For sponsorship cards you can con- tact Michelle on 085 1617617 or Fran on 086 8638847 but anyone can turn up on the day to walk and make a donation.

IT WAS a big strike for the small man. Inagh and Kilnamona joined forces once more on Sunday and took the catapult to Newmarket-on- Fergus.

David and Goliath stuff. Hard work and belief won through in the end and when the game was done with, the amalgamation had their first ever Under-21 A title.

Newmarket were striving to be- come only the second club ever to secure four titles on the trot — Feakle

did it back in the *80s — but in the end their firepower ran out.

The second half of this game had everything. The champions surging ahead, the underdogs fighting back. Another surge by Newmarket before Inagh/Kilnamona finally got their teeth around the game and rattled off six points in the last ten minutes. Newmarket had only a point to show for the closing stages of the final, before Bernard Gaffney whipped in a bullet from 21-yards. It was saved by Inagh/Kilnamona captain Patrick Kelly in the goal, but David Barrett

flicked the return into the net.

It was a one point game and injury time had just begun. In truth, Inagh/ Kilnamona never looked like leaving it behind them once they flourished in the final quarter but it was breath- less stuff all around.

As a crowd was gathering on the field to see Kelly collect the trophy, County Board chairman Michael McDonagh gushed, “this must be the best game of hurling we’ve seen all season.”

He was right. Out on the field, with the crowd spilling all around him,

Paddy McGuane — who had a major hand in Kilnamona winning the C ti- tle earlier in the weekend — said the day should be seen as a shot in the arm for the smaller clubs of Clare.

“They [smaller clubs] have play- ers of the highest standard and when they can join together, they can put in displays of this quality. Just because a club is low on numbers doesn’t mean they don’t have players as good as those from the strongly populated clubs.”

It should point the way forward for the senior championship to come.

Nothing was taken for granted by the amalgamation as they marched through the season. Step by step until the annexed the big gun on Sunday.

Crusheen were the other big win- ners of the weekend. After a strong start, Broadford died away in the Under 21B final and Crusheen took it easily in the end.

MEDICAL experts who assessed Patrick O’Dwyer in the months following the killing of his sister, reached conflicting conclusions.

The Director of the Central Men- tal Hospital, Dr Harry Kennedy — a forensic psychiatrist — who gave evi- dence on behalf of the prosecution, said the accused did not suffer from a mental disorder at the time of the killing.

In contrast, three medical experts, tendered by the defence, concluded

that he did suffer from a mental dis- order at the time.

Dr Joan Moroney, a _ consultant neurologist, said Patrick reported a history of blackouts, some of which were related to alcohol consumption.

Dr Moroney, who gave evidence on behalf of the defence last Tuesday, said the accused would experience “spinning in his head and everything would go dark. He also reported staring episodes when he wouldn’t be fully aware of his surroundings, which would last 30 to 40 seconds.”

She said that for two days after the

party at his parents’ home, he felt depressed and began to think of su1- cide. “If there was a rope in the ga- rage he would have hanged himself. He wanted to go and bash his brains out. He thought his sister was going to stop him. He wanted to stop her before she stopped him.”

“The overall consensus would be that Patrick probably did have an epilepsy syndrome, emanating from the left hand side of his brain,’ she concluded.

She said he would be “less likely to have a fit during alcohol consump-

tion, but more likely to have a seizure in the 24 to 48 hours after.” Consultant psychiatrist Dr Cleo Van Velsen told the trial she concluded that the accused suffered from “de- personalisation disorder.” She said this disorder could be linked to his premature birth. She expressed the view that if Patrick had been on his own on the night of the killing, he “might have killed himself.” Another consultant psychiatrist, Dr Paul O’Connell agreed with Dr Van Velsen’s conclusions. “I think that depersonalisation disorder nearly

entirely captures the symptoms,” he SrHLOe

However, Dr Harry Kennedy told the trial he believed the accused suf- fered from a “severe alcohol prob- lem.” He said that on the day of the killing, he was overcome with “pro- found feelings of shame and embar- rassment” as a result of a drunken episode the previous Saturday night.

Dr Kennedy said he did not find any evidence of a “depersonalisation disorder” or epilepsy, as had been described by the other medical ex- ea Re

A QUARTER of a century is a long time to spend in any job but, for Some, it can be more of a vocation than an occupation.

The service of north Clare bus driver PJ Vaughan was celebrated in the Pery Hotel in Limerick last week as he was presented with a special award to mark his dedication over the last 25 years at the Clare, Tipper- ary and Limerick Part-Time School Bus Drivers Awards.

PJ was presented with a watch for his long-time service award by Des

Tallon, manager of human resources at Broadstone, along with Miriam Flynn, regional manager and Rory Moylan, chief clerk of the School Transport Office in Limerick.

A special award in recognition of his service was given to PJ, who had completed 25 years’ service as a Clea oe

PJ was first appointed as school bus driver in 1981.

He began by covering the Lisdoon- varna Post Primary Centre until, in 2001, the Ballyvaughan National school was also included on his route.

Nearly 50 students travel with PJ each day, 28 post-primary pupils on the secondary route and 14 pupils on the primary route.

Meanwhile, a number of school bus drivers from Clare were also award- ed safety certificates for their driving records at the ceremony.

In total, 16 of the 23 part-time

school bus drivers in Clare qualified with an excellent safety record. The main objective of the Bus Fireann Safe Driving Awards 1s to highlight and recognise Bus Eireann drivers who have achieved an excel- lent safety record.

Safety and reliability are key issues in delivering a good public transport service and Bus Eireann invests sig- nificantly in the area of driver train- ing, both for regular drivers and school bus drivers.

Safe Driving Awards are presented on an annual basis to drivers who have been accident-free for that par- ticular year.

Each successful driver receives a certificate and an award of €100, in recognition of their safety record.

In addition, drivers who achieve a five-year accident-free record also receive a special badge of honour.

CLARE legend Seamus Clancy has claimed that the county’s football- ers aren’t making the most out of the Paidi O Sé factor and he believes the former Kerry manager took the job TNO Od E:Duomr:| mBeCoMAYanO)a tom ADS ELoe

Speaking to a Sunday newspaper over the weekend, Clare’s only foot-

ball All Star also said a number of Clare footballers are still not pulling their weight.

“It comes down to the players. Some of them are just happy to get on the team. There’s a serious lack of collective will to succeed in Clare. There are a number of lads who are great and busting a gut for the cause but they’re in the minority.”

He said when he heard O Sé was taking over, he thought the county’s footballers would be “knocking on his door to get into his squad. But that didn’t happen. If I was 25 I’d be bursting my arse to impress Paidi be- cause he’d bring out the best in me and the team. He’s proven that.”

Clancy’s comments come after Clare failed to secure Division 3

football next year by finishing in the bottom half of their league group. Now, Clancy believes that Clare struck for a big-name manager a number of years too early. “Bringing in a man at the top wasn’t the right thing to do. Paidi should have been brought into Clare in five years time when there has been a good develop- ment structure firmly in place. When

you have that and a good team com- ing together the time would have been right for someone like Paidi to get the very best out of them.

‘When I was with Clare I was lucky because there were 25 lads who were willing to do everything for the team. When we went out on the field, we went out together. But you can’t say that about Clare now.”

THE battleground of the case cen- tred on whether Patrick O’Dwyer was suffering from a mental disorder when he killed his sister, according to the trial judge.

Mr Justice Paul Carney spent two hours summing up the evidence that had been heard by the jury of six men and six women over a four-day eu lelee

He told the jury they cannot “spec- ulate” and cannot “wander outside the evidence.”

“An unlawful killing can never be less than manslaughter. Nobody has challenged that this was an unlaw-

ful killing. The bottom line is man- slaughter,” said the judge.

He told the jury that under the In- sanity Act, introduced for the first time last year, the defence of dimin- ished responsibility was brought into effect.

“Diminished responsibility is a de- fence, which, if it 1s established, re- quires you to convict of manslaugh- ter rather than murder,” he said.

“Was he suffering from a mental disorder? That’s the battleground. The defence says yes. The prosecu- tion says no,’ he pointed out.

He told the jury that, in real- ity, there were two verdicts open to them: guilty of murder or not guilty

of murder but guilty of manslaughter by reason of diminished responsibil- ity.

“The prosecution does not accept that diminished responsibility aris- es,” he said.

In his closing speech, Senior Coun- sel for the prosecution, John Edwards said, “It was a very extraordinary in- cident. One would have to be a stone not to feel for Mr and Mrs O’Dwyer, who sit there beside their son, every minute of every day…

They must be trying to seek an explanation. That doesn’t mean we must engage in any kind of intellec- tual dishonesty.”

He said the jury would be obliged

to convict of manslaughter — and not murder — if it was satisfied he was suffering from a mental disorder which diminished his responsibility substantially.

‘He was responsible for his actions, even if he suffers from a depersonali- sation order,’ he said.

Defence Counsel, Patrick Gageby, SC said “uniquely, there is nothing common about this case. There is nothing usual.”

“IT am not asking you to do any fa- vours to the parents or the sister. This is not about favours, nor 1s it about compassion,” he said.

“This is not a private case. It is a very public case. A lot of detail, some

of it unattractive, has been brought to your attention.

“The family veil of privacy has been pushed aside in the public inter- est for you to decide on the defence of diminished responsibility,’ said Mr Gageby.

“Sober, this man never raised a hand to anyone, not to his sister or to anyone. He loved his sister. There is no rational thought-out motion for donk

“A decision to kill Marguerite be- cause she might stop him (commit- ting suicide) 1s a flawed decision, that could not be a well thought-out deci- sion of a person in the fullness of his mind,” he said.

AN exhibition featuring some of the finest art to grace the walls of the newly reopened Courthouse Gallery in Ennistymon was launched last Fri- day by Gerry Kennedy, Department of Social and Family Affairs.

The FETAC exhibition is the cul- mination of more than two years of work and creativity by a group of lo- or NM eynetsee

The women, all of whom were new to art, worked in a number of medi- ums including oil paintings, stone art and recycled art mosaics.

The were all taking part in the Clare VEC’s Back to Education initiative and have now earned certificates in a number of FETAC courses.

“I had finished education after pri-

mary school and these courses were brilliant for me. The social side was great and it gave me a real independ- ence,’ said Margaret Donovan, who will be exhibiting a number of paint- ings and mosaics and 1s now working in childcare.

“It has been great for my daughters as well. I can now help them with their homework. There was so much support all the way through. There was never a dull moment.”

The programme is supported by the Department of Family and So- cial Affairs, the Ennistymon Fam- ily Resource Centre, Josephine Dav- enport of the Clare Adult Learning Guidance Service, Mike Ryan of the Back to Education Initiative and was tutored by Mary Fitzgerald of the se uDe

In the last two years, the women taking part on the programme have completed eight courses, including communications, computer studies, personal effectiveness, maths and tan

‘They have been so involved in this over the last two years, it’s the cul- mination of so much work for them,” said Katie Lewis of the Adult and Community Education Service of Clare VEC.

“They are proud of what they have achieved but a little bit shy as well. They are all mothers, and they re- quested an Irish course be put in place to help them feel more able to Ted OM M eters me OUOCOOnoIIMM, Aine UENO (ooDmmOCe)oNtor 08S

“There was a great social aspect to the programme as well. They

enjoyed meeting up with the other people. The environment in the En- nistymon VEC was very welcoming, some of the girls might have been a bit nervous at first but they made us feel right at home.

‘Now that they have their FETAC, they are in a good position to con- tinue with their education or to enter into the workforce.”

This exhibition will be open to the public from April 23 to 28 during daytime hours.

MARGUERITE O’Dwyer died as a result of severe blunt force trauma to the head, while the 90 stab wounds inflicted were a secondary cause.

That was the conclusion reached by State Pathologist, Dr Marie Cassidy, who addressed the jury on Tuesday morning.

“This young woman had been the victim of a violent assault, with at least 90 wounds to the head, trunk and legs and at least six blows to the head,” she said.

“This type of injury would cause rapid death and was irrecoverable,” added Dr Cassidy.

She said the majority of the stab

wounds were inflicted after death and the victim had possibly been knocked unconscious by the first Ke) YA

The hazel-eyed young woman had been subjected to 20 stab wounds to the head and neck, including to the cheeks, eyelid, nose and jaw line. Another 64 wounds were inflicted over the front of the trunk and 14 stab wounds to the thighs.

“There was no evidence of any typical knife defensive injuries to the upper arms,” said Dr Cassidy.

She agreed with Defence Counsel Patrick Gageby, SC, that the absence of defensive injuries suggested the young woman had been “completely taken by surprise.”

THE blazing sunshine may have departed but a wave of good cheer ereeted the hundreds of walkers who took to the roads of Liscannor for the annual Burren Chernobyl Walk which took place on Sunday.

This year’s walk, which is the main fundraiser for the Ennistymon based Burren Chernobyl! Projects, attracted a large and enthusiastic crowd to walk and help support the people suffering as a result of the Chernobyl nuclear disaster 21 years ago.

“We had a really great turnout and everything went so so well,” said Carmel Mescal of the Burren Cher-

nobyl Project.

“We would really like to thank all of those who turned up for the walk, the people who sponsored them and all of those who contributed badly needed funds for the ongoing work in Belarus.

“The work is ongoing over there. There is a group going out from Lis- cannor later this Summer. The will be mostly doing construction work in Tarasiki, some general structural repair as-well-as the upgrading of a few facilities like showers.

“There is a group from Ennis over there at the moment. There are al- ways new groups of volunteers going over and offering their skills.”

The annual walk is the Burren Chernobyl Projects main fundraiser for the project each year. At present the charity organisation helps to sup- port children at Gorodishche and Chevron as well as adults in Cylb, Tarasiki, Cosovo and Yazouk1.

Besides providing basic care and assistance for the people living in the orphanages, the project is also set to begin a day care programme which will allow children to return to their family during the evenings and spend their days in the institutions.

The walk takes place this Sunday, April 22, leaving from the Liscan- nor Hotel. Registration takes place between 12 noon and Ipm and all are

welcome to come take part.

Meanwhile, counting is well under way following the Annual Dunleavy Walk which took place in Doolin earlier in the month. Gerry and Toni Dunleavey led more than 200 people in the walk which was one of the best supported in recent years.

“It was very successful, the sun shone and there was great fun and commitment from everyone who came out on the day,” said organiser Mary O’Connor.

“The local people were brilliant. We raised a lot of money and there is as much to come in. The Michael Dunleavy Foundation are so grateful to everyone for all the help.”