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A NUMBER of barristers operating in the Clare and Limerick area were among the top earners in the €15.7 million paid out through the Crim1- nal Legal Aid Scheme last year.

Figures showed that Brian MclIn- erney BL, who carries out much of his work in the Limerick and Ennis Circuit Court, was once more the top earner in the region.

The figures were released by the Department of Justice in response to a Freedom of Information request.

Mr McInerney was the _ high- est earning barrister-at-law in the

country last year and was the fourth top earning barrister overall when he received €330,103.

Well-known senior counsel, Brendan Nix, figured at 15 in the overall list after receiving €187,932.

Other barristers operating in the Clare-Limerick area to feature high- ly on the list included Mark Nicho- las BL who received €169,629; John Edwards SC €149,382 and Michael Fitzgibbon who received €39,673.

The figures also showed that Lor- can Connolly BL last year received €25,494 and Pat Whyms BL re- ceived €17,325.

The amounts are gross figures with VAT included and do not include the income the barristers would earn from civil legal work or work in the criminal court for clients who do not qualify for legal aid.

Barristers rarely operate in the district court and the vast majority of their work is carried out in the higher courts.

In Clare, the circuit court sits four times a year in Ennis, while it also sits in Kilrush during each session.

County Clare is located in the South-western Circuit, which also includes Limerick and Kerry. The presiding judge in the South-west-

ern Circuit is Judge Carroll Moran.

The table also shows that the bar- rister who has defended Ennistymon man Patrick O’ Dwyer, Patrick Gage- by SC, received €140,112 last year.

Nationally, the senior counsel to receive the top amount were Brendan Grehan who _ received €462,099, Michael O’Higgins who received €380,099, Isobel Kennedy who received €339,103 and Luigi Rea who received €319,953.

The tables also show that Martin Giblin SC received €305,701, while Anthony Sammon SC received €284,631 and Roderick F O’Hanlon SC received €279,174.

THE battle to ensure that farmers get proper notice before on-farm in- spections ignited this week as Mary Coughlan, the Minister for Agricul- ture and Food, called for 14-days of notice to be given before inspections.

Speaking at the Council of Agri- culture Ministers in Luxembourg last Wednesday, Coughlan said that she is very much opposed to the re- tention of unannounced inspections in the areas of animal identification and welfare and feed controls as pro- posed by the commission.

“I believe that this approach is ex- cessive and unnecessary. I favour a 14-day notice in the case of all in-

spections,” she said.

“T fully accept that it is a critical element of any control system that the inspection visit is implemented in such a way that its purpose is not jeopardised. In my view, however, systematic unannounced inspections are not necessary to achieve this ob- jective but add significantly to cost and inefficiencies at a time when simplification is the aspiration.

“They are also totally impractical in the case of farmers who increas- ingly are part-time and are engaged in off-farm activities.

Minister Coughlan said that while she fully supported the concept of cross-compliance in the context of the Single Payment Scheme and its

extension to the CAP Rural Devel- opment measures this year, it is clear that the system was far too compli- cated and placed an intolerable bur- den on farmers and administrators.

“I believe the approach to cross compliance needs to be dealt with in a “joined up” way at Commission level and therefore the full engage- ment of Commissioners Fisher Boel and Kypriano will be needed to re- Solve these issues,” said the minis- ae

Coughlan said she welcomed the commission’s proposals on toleranc- es for minor infringements, the “de minimis” proposal and the use of the results of existing controls – the so- called “bottlenecks” proposal.

The minister went on to say that, while she noted the proposal for har- monisation of the control rate at one per cent, she is not convinced that this particular proposal is of any benefit in practice, given that the results of checks under the sectoral legislation have to be taken into account and should be further investigated.

“I accept that there should always be a possibility of carrying out some unannounced controls and _ histori- cally Ireland has always adopted this approach where it was deemed nec- ISTE D AA

“IT would therefore ask the com- mission to re-consider its proposals for systematic unannounced inspec- tions,’ she continued.

AN ENNISTYMON couple last night said that justice had been done, after their 21-year-old son was ac- quitted of the murder of their teenage daughter.

There were emotional scenes at the Central Criminal Court after a jury found Patrick O’Dwyer of Shrohill, Ennistymon, not guilty of the mur- der of his sister, Marguerite (17), at the family home, on November 29, PAu s

He claimed a defence of dimin- ished responsibility, in that he suf- fered from a mental disorder when he killed his sister, a Leaving Certifi- cate student.

The jury agreed and found him guilty of manslaughter, by reason of diminished responsibility.

O’Dwyer, who showed no emotion during the six-day trial, smiled as he hugged his mother and sister, mo- ments after the jury brought in the verdict.

He then spoke briefly to a friend on a mobile phone, before being led away into custody.

His mother Claire tightly clenched his hand in hers and fought back tears of relief, before she embraced her husband Paddy.

Their sole comment came from Patrick’s sister Louise (22) moments ETC merc KM Uolome-DOOBU NAN (oJMMmOelomerelUb am

“We are just relieved that justice has been done,” she said.

The jury reached its majority 10-2 decision at 8.05 pm, after deliberat- ing for seven hours and 33 minutes. It had earlier failed to reach a unani- mous verdict.

Trial judge Mr Justice Paul Carney remanded O’Dwyer in custody for sentencing on May 21.

“This is the first finding in this ju-

risdiction of diminished responsibul- ity on the new insanity statute,” said the judge, referring to legislation brought into effect just last year.

O’Dwyer hit his sister six times on the head with a claw hammer and in- flicted more than 90 stab wounds to her body in a frenzied attack which lasted just 15 minutes.

He told gardai he had contemplated suicide and attacked his sister while

She watched television, as he feared she would get in the way of his sut- cide attempt.

“It’s like being inside a room with a video and I can’t turn it off,” he told ee KOrNE

Mr Justice Paul Carney told the jury the “battleground” of the case was Whether Patrick O’Dwyer was suf- fering from a mental disorder. The prosecution argued that he wasn’t,

while the defence claimed he was, said the judge.

in response to a Freedom of Information request show that the gardai concerned received €478,000 — an average pay out of €23,900 each.

The single greatest generator of overtime payments was the opera- tion at Shannon Airport last year to prevent any further incursions the Department of Justice stated that

the bill for the Shannon operation was €1.25 million.

“It 1s most unfortunate that there is a large amount of gardai tied up on duty in Shannon because of a few people who have made threats over the security of the airport,” said Councillor Madeleine Taylor-Quinn GaCoF

“These gardai would be far better used on the highways and byways of OFT ione

Cllr Taylor-Quinn said that the high overtime payments resulted from the failure of the current Gov- ernment to recruit the promised ad- ditional gardai for the force.

“It would be far more prudent to recruit the additional gardai rather than be paying out these sums in overtime,’ she said.

Nationally, the Government paid out over €100 million in overtime. The €102.6 million overtime bill in 2006 represents a 32 per cent in- crease on the €77 million spent on Garda overtime in 2005.

Operation Anvil last year led to sig- nificant overtime costs, according to a Department of Justice spokesman. The operation commenced in Dub- lin in May 2005 and was rolled out across the country in January 2006 targeting gun culture.

“Operation Anvil has been highly successful,” he said.

In Dublin, the operation resulted in 54,526 checkpoints; 6,250 arrests in connection with murder, seri- ous assaults, burglary, robbery and other serious offences; 26,497 drug searches; 1,543 firearms searches; 643 firearms seized or recovered; 10,520 vehicles seized and stolen property to the value of €17.2 mil- lion recovered.

A Garda’s payscale goes from €24,551 to €44,116 after 17 years service; a sergeant’s salary scales from €44,543 to €51,281, while an inspector can earn from €51,571 to

IN THE face of increasing pressure from hunting groups the government has backed down on the proposed li- cence fee increase for hunters.

The National Association of Re- gional Game Councils (NARGC) this week welcomed the Govern- ment’s decision to postpone the pro- posed licence fee increases which was announced in early April.

These increases were described as ‘exorbitant?’ by NARGC Director, Des Crofton, and following a heated public debate, and subsequent con- sultation with the Department of Jus-

tice, it has been agreed to postpone WeLomB NL@)Rereksone

“In addition to the postponement, and even more important, the Gov- ernment has commitment to con- sult with NARGC over the next 12 months, when the matter will be discussed in detail and prior to any new fee structures being finalised,” said Mr Croften. “As matters stand, licence fees will be renewed at the current levels and in the normal Fh

NARGC stressed that this political back down should be viewed as posi- tive and a reflection of the Govern- ment’s on-going commitment to the

Irish shooting community and ac- knowledgment of the important role it plays in Irish rural life.

Instrumental in the governments decision was an announcement by the Federation of Irish Salmon and Sea Trout Anglers (FISSTA) last week, pledging the support of its members to NARGC.

The Finance Bill 2007 reveals plans to increase licence fees by an average of 56 per cent without consultation with the representative bodies for shooting. “Shooting people all over the country are unbelievably angry with widespread threats to use their votes to punish the government,”

said a statement from FISSTA.

“The annual shotgun licence, which currently is €25, will rise to €115 for three years and the current annual rifle licence of €38 will rise to €170 for three years. Worse still, a new training licence for young peo- ple who wish to take up the sport, but which will not allow them to own or possess a gun, has been rendered un- workable because of the cost.

“For a young person to undergo proper training in the safe use and handling of a shotgun and rifle, the licence fee will be €285. Yet a fire- arms dealer’s licence will be only €340.”

A CLARE accountant who was un- fairly dismissed from a Limerick firm has been awarded a total of more than €18,000 in compensation.

Gerard White, from Woodbrook Lodge, Fountain, Ennis, took a case with the Employment Appeals Tri- bunal against the firm he had worked for for almost 33 years.

O’Hurley Blair Irwin, of Mount Kenneth House, Henry Street, Lim- erick, denied they had unfairly dis- missed White, citing gross miscon-

duct and breach of trust as the reasons for him losing his job.

The tribunal was told that in April 2005, the company received a call from a bank in connection with sub- stantiating a loan application. No- one in the company knew anything about the loan applicant and he was not a client of the firm. White told the partner in the firm who had dealt with the call that the person named was a friend of his.

The partner asked that copies of documents relating to the named per- son be sent to him and it transpired

that the bank had received accounts for three years relating to the person as well as a letter for the tax affairs of the person, which indicated that the company was representing him and that his affairs were in order.

The firm suspended the claimant with pay and, subsequently, White told them it had been his intention to intro- duce the person to the firm as a client. White told the tribunal that he had met with the business person, who was a friend, in January 2005. He called to White’s home with the papers neces- sary to apply for a bank loan. White

said he did not submit accounts.

White said the home visit was not unusual as he often brought work home. He had put a note in his diary as a reminder to set up an account with the firm for the man.

The tribunal determined that there was an unresolved conflict of evi- dence but the dismissal was unfair because of deficiencies in procedure on the part of the accountancy firm.

Under a claim for minimum notice, White was awarded €5,692.32 and he was awarded €12,500 in compensa- tion under the Unfair Dismissals act.

A CROSS which has been the loca- tion of numerous accidents is to be tackled — but the necessary safety measures will not be up for funding until next year.

Councillor John McInerney had put a motion before the the Killaloe area committee asking that something be done to reduce the dangers at Clancy’s Cross.

He told the meeting he was “not happy’ with the rate of progress on

the matter.

“IT put a motion down about this as far back as 2004 and myself and Councillor Pascal Fitzgerald organ- ised a protest at this location in De- cember. Why is the lining only going down now? It should have been done since 2005. At this rate it will be 2008 before anything is done.”

The councillor told the meeting that there have been “numerous accidents at this site — are we to have a serious accident before something is done?”’

Councillor Pascal Fitzgerald de-

scribed the cross as a “blackspot. There has been another accident there this year and I’m concerned that there will be a very serious crash”.

Senior Engineer, Sean Lenihan, told the meeting that a scheme of safety measures will be designed this year and put in for funding next year.

He said that enquiries to the gardai showed they supported the council- lors claims that the cross has been the scene of many accidents.

‘Everyone is of the same mind on- this one,” he said.

He also told members that the road design office “is under serious pres- sure but | am pushing this one as a priority. All of the measures that might improve matters of safety will be looked at and considered,’ he Sr HKGe

He added that in terms of putting lining on the road, a meeting is being held with the contractor this week.

The senior engineer added _ that sometimes it is “easier to get funding for a project than to fit a small job in but I will do all I can to get it done”’.

FINE GAEL TD Pat Breen and In- dependent ITD James Breen have joined forces this week to highlight what they describe as a “major crisis that will hit the capital town of Ennis in relation to water and waste water esata oh iee

The two TDs plan to raise Ennis’ water problems at an adjournment debate in the Dail today. They are calling on the Government to sub-

sidise bottled water for children and people with weakened immune sys- caehe

Cllr Madeleine Taylor Quinn (FG) said that she was “very pleased” that the two deputies “have responded to the water campaign which I launched over the weekend”.

She distributed thousands of free bottles of water to people affected by the Ennis water system. Her high- profile move included a “contract” providing that if she was elected and

Fine Gael were in Government, the town’s new permanent water scheme would be delivered immediately.

She described it as an “unusual co- incidence” that the two TDs should bring the matter up at Dail level now. She added that she “would hope that Ennis will reap the benefits and I am calling now on Minister Tony Kil- leen and Minister de Valera to join with the deputies and raise the matter in the Dail with the Minister”’.

The two deputies say they were told

at a briefing of Ennis Town Council that the preliminary report on the main drainage scheme lodged with the Department of the Environment in 2002 was out of date. Consultants were needed to prepare revised fig- ures.

Deputy Pat Breen said that this would further delay the process and the “present water crisis will not have a permanent solution until at least the end of 2008.

“The new scheme will cost €1 mil- lion a year to run and will only cater for the existing population of Ennis of approximately 20,000 people, de- spite the fact that figures show that the population of Ennis could double by 2020 as Ennis is the fastest grow- ing town in the country,” he said.

“If there isn’t a quick response by the Department of the Environment, then further planning and develop- ment in Ennis could be sterilised,’ he said.

Deputy James Breen said that the last report cost €1 million in taxpay- ers money to complete.

‘Now we have to have another one because the minister has done noth- ing about it – what is that going to cost the taxpayer? The initial cost of a solution to the problem in 2002 was €50 million and what is that go- ing to cost now? It will at least have doubled.”

FORMER Russian President Boris Yeltsin, who died yesterday (Mon- day) at the age of 76, visited Clare last year. He spent his time shark fishing off the west coast and had hoped to return again in the future.

The skipper who took care of Mr

Yeltsin during his trip to Clare last August has expressed sadness at the loss of a “great man”.

Ennisman Willie O’Callaghan said, “I was saddened to hear of Mr Yeltsin’s death. I met him for the first time in Liscannor last August and he left a major mark on me and the area. He was such a big man and a gentle

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“It was an honour to be asked and trusted to take care of Mr Yeltsin for the day. It 1s something I will never forget. We had hoped the he would return again someday, I am sure he wanted to. I know he thoroughly en- joyed his time in Clare and Liscan- nor. He was definitely a very happy

man during his time here.”

Mr O’Callaghan, who runs Lis- cannor-based O’Callaghan Angling Cruises, had the task of organising a day of fishing for Mr Yeltsin. He had to be sure that the visit remained se- cret. Security personnel checked the skipper’s 42ft angler cruiser, True Bitedeie

‘Tam sure they checked my creden- tials first to make sure we were up to the job. They were onto us to tell us what they needed for the trip and everything was in place when they arrived,” he said.

During his visit, Mr Yeltsin trav- elled to the Cliffs of Moher and en- joyed a day’s shark fishing off the Clare coast, breaking for lunch on Inis Oir, the smallest of the Aran Is- lands.

Mr Yeltsin’s previous visit to Clare in 1994 was far more memorable. He made international headlines after he left Taoiseach Albert Reynolds, two ministers, a guard of honour and an army band standing on the tarmac at Shannon Airport. Yeltsin had agreed to make a stopover at Shannon on his way back to Moscow from the Unit- ed States but, as it turned out, it was more like a sleepover.

Mr Yeltsin returned to Shannon Airport last August for the first time since that diplomatic gaffe over 12 years ago. The former President was whisked off amid tight security to the five-star Dromoland Castle where he stayed for three nights.

PUMPS which would help solve the drought being experienced by Killa- loe residents have yet to be hooked up because there are technical prob- lems with the power supply needed.

Local councillors were told that after years of difficultites in getting water suppies to either end of the town and to homes up Convent Hill, new pumps have been bought which would bring water as required.

But the positioning of the pumps

was incorrect for linking them up to the necessary power supply, Sean Lenihan of the council’s engineering department told Killaloe council- lors.

Cllr. Tony O’Brien expressed con- cern that there are “a number of new housing developments coming on-stream in Killaloe and we are brining them on without address- ing what is a major deficiency in our infrastructure. People living in the town have no water. It is incumbent on Clare Councty Council to supply

water and the council needs to pro- vide the pumps which were prom- ised in 2005”.

The engineer told councillors that it is “just a logistical problem with getting the electricity connected up. We have to take some responsibil- ity in that the location given to the ESB may have been slightly in error. They are looking at it and coming back to us”.

Meanwhile, the members of the Killaloe area council were told at a meeting last week that the authori-

ties are to look again at the timing of the traffic lights in Killaloe.

Councillors complained that there were massive tailbacks and delays over the May and Easter bank holli- day weekends.

Officials told the members that what is needed in the long run to solve the town’s traffic problems is for the new bridge to be built. The problem is the volume of traffic and at the lights, the number of move- ments that have to be catered for, councillors heard.