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A FORMER Scariff-based Garda ser- geant has asked a High Court judge to quash a decision by the Garda Siochana Complaints Tribunal requiring him to re- sign from the force.

The decision relating to Garda Ciaran Sheehan was made seven years ago fol- lowing a hearing by the tribunal into al- legations of ‘oppressive conduct’ by the Garda, who was then a Sergeant, towards a member of the public.

Garda Sheehan, who was once ‘top of his class,’ brought his judicial review proceedings against the Garda Siochana Complaints Tribunal and the Garda Sio- chana Complaints Board. Both respond- ents have rejected claims of unfair proce- dures and breach of rights.

Gda Sheehan wants an order quashing a decision of the Complaints Tribunal on June 8, 1998. He also wants an order quashing the breach of discipline find- ing.

The tribunal hearings arose after a com- plaint by Patrick Teddy Connolly from Scariff about an incident alleged to have occurred on September 12, 1995, outside a petrol filing station. It was alleged that then Sgt Sheehan engaged in oppressive conduct towards Mr Connolly, outside Treacy’s filling station, Scarriff.

It was alleged the then Sergeant ap- proached Mr Connolly and questioned

him about a statement Mr Connolly had made to a Garda Inspector concerning an investigation by that inspector, in which Sgt Sheehan was the member concerned.

It was alleged that, having questioned Mr Connolly, Sgt Sheehan acted in an in- timidatory manner in checking the wind- screen of his car for tax and insurance and in checking the condition of his tyres.

Mark Connaughton SC for Mr Shee- han, argued the inquiry conducted by the tribunal into the allegations was ‘tainted with illegality’ and that the tribunal had no jursidiction to act as it had.

It was contended a decision of the Com- plaints Board by itself and/or in conjunc- tion with the complaints tribunal, to delay the tribunal hearing into the complaint by Mr Connolly until after the conclusion of an internal sworn inquiry under Garda discipinary regulations regarding other matters alleged by Mr Connolly to have occurred in March 1996, was in excess of the provsions of the Garda Complaints Act 1986. It was following the latter in- quiry that Sgt Sheehan was demoted to the rank of Garda.

It was argued that the delay in holding the tribunal hearing breached the appli- cant.s rights to natural and constitutional justice, fairness of procedures and due process.

The hearing before Mr Justice Roder- ick Murphy is expected to conclude today Gheer oF

AN EAST Clare pub, subjected to a complaint about the noise levels emanating from it, has been granted its licence, subject to conditions.

78-year-old Theresa Holahan of Main Street, Kilkishen, had objected to the transfer of the licence of Gleeson’s public house, next door to where she lives.

She told the District Court she could not cope with the noise and was afraid to go to bed at night. She claimed that if the licence was granted the “racket” would continue.

The publican in question told the court last month that he would be willing to encourage customers to use the front of the premises for smoking and to raise the eaves on the smoking shed at the back, to help drown out noise.

Judge Joseph Mangan granted the licence at Ennis District Court last Friday, subject to Ley sTen lB Ceyetse

These include that gardai would receive two hours notice of music on the premises; that noise would not exceed 90 decibels over eight hours; 93 decibels over four hours; 96 decibels over two hours and 110 decibels in any event.

He ordered that the noise levels outside the boundary of the premises be limited to 37 dec- ibels between 7pm and 7am and 55 decibels eo AW oro MeL-Dee mr TITO MA O)00F

Noise limiters should be attached to music equipment and should, in the event of breach- es, cut-off of music and amplification of five minutes.

Hearing protection should be made avail- able and worn by employees and ear protec- tion should be provided for customers if they require it.

Judge Mangan ordered that notices announc- ing damage potential of noise and availability of protection would be posted on the premis- A

A SECOND-YEAR female student at St Flan- nan’s College in Ennis was hospitalised with severe facial burns after being hit by a lighted firework at the weekend.

Groups of students were waiting to be col- lected after school on Friday when a firework was lobbed into a crowd, close to the gates of the school.

The object hit a young girl on the collar of her jacket and it caught fire, resulting in her being burned in the face.

She was hospitalised and treated for her burns, before being discharged.

A 15-year-old youth was interviewed by gardai and a number of others are due to be questioned this week. However, gardai are stressing that there was no malicious intent.

“We are very happy that it was no-one’s in- tention to cause injury to anyone but this shows the dangers of fireworks. They are going off all over the town at the moment,” said Ennis Supt John Kerin, who is leading the investigation into the incident outside the school.

He is encouraging parents to take action, to ensure others are not harmed by illegal fire- works and said children do not appreciate the dangers of such objects.

“They are highly dangerous. I greatly fear that, unless parents and other people take action, others will get hurt. Parents may not realise fireworks are illegal. We are advising parents to come into the garda station with fireworks or if they know where they are being stored to come and tell us. . . it will prevent further injury or loss of life,” he added.

He confirmed that gardai have made up to

40 minor seizures of fireworks during the past week alone, in Ennis. One concerned parent who contacted

A SPOKESPERSON for a West Clare nursing home has claimed that at least one of the cases of the MRSA super bug reported there, was contracted when a resident underwent surgery at Ennis General Hospital.

Secretary of the Board of Directors for Kil- rush District Hospital, John Hehir said that at least one of the two residents with the poten- tially fatal antibiotic resistant bug, picked it up in the Mid Western Regional Hospital Ennis.

Mr Hehir said that it was the policy of the nursing home to refuse any patient suffering from MRSA, and home staff questioned po- tential residents before accepting them. The patients diagnosed with MRSA are being treated for the virus.

Strict hygiene procedures are also being en- forced at the 54-bed Kilrush hospital.

The hospital was one of two Clare nursing homes that were reported to have MRSA this week. The inspectors report into Cahercalla Community Hospital, Ennis showed that two patients were also suffering from the highly contagious virus.

When contacted by

THE Bishop of Killaloe, Dr Willie Walsh has agreed to meet residents demanding that En- nis Council increases the height of the walls surrounding their estate to 8 foot, before the Council proceeds with plans to build an adja- cent scheme of social and affordable houses.

The houses are to be built on land that the bishop sold to the council for €1.5 million five years ago.

The Bishop’s Court residents want the coun- cil to ensure that only people with “proven records’ on housing are placed in the new Westbourne estate.

They also want security lighting to be fitted

and the council to carry out repairs, “should anti-social behaviour become an issue”’.

In the €10 million scheme, the Council is seeking planning permission to develop 82 so- cial and affordable residential units.

Dr Walsh this week confirmed that he is to meet the residents after a request from the as- sociation to discuss their submission to the Council. He said: “I haven’t studied the sub- mission in detail and would be reluctant at this stage to comment on it. It is an emotive issue.”

Bishop Walsh’s predecessor, Bishop Michael Harty sold lands at the Westbourne estate to a private developer who built Bishop’s Court. Dr Walsh said that he may comment on the issue after meeting with the residents.

, but was very excited to be part of a centre of excel- lence.

The Carrigoran Hospital already provides 26 beds in an inpatient dementia unit.

Cllr Pat McMahon said that the service in Carrigoran would not just benefit Newmaket- on-Fergus but Shannon, Sixmilebridge, Quinn and Ennis.

The report on the development of dementia services in Clare set out a number of plans for an area of growing demand, in view of the age- ing of the population in the county.

Among the services recommended was the development of dementia specific day services at various locations within existing day centers in the county. This will be achieved through the extension of services at these centers or the provision of extra services at weekends.

The Old Age Psychiatry Team in Clare will also be enhanced.

CLARE County Councillors last night voiced their concern over the disruptive impact that moving the local authority’s offices around En- nis was having on Council business.

Last night, at the council’s October meeting, County Manager, Alec Fleming said that he hoped the council would be in a position to sign the contract for the €27.44 million works for the provision of a new Corporate Headquarters in the next couple of weeks.

The new HQ — to be built on the council’s former site at New Road, Ennis — is expected to be ready in 2007 and until then, council depart-

ments have been dispersed to various parts of Ennis.

Construction work on the HQ was due to com- mence in June, but was delayed due to negotia- tions between the council and the contractor, Michael McNamara.

Councillors from three separate electoral ar- eas, Cllr Brian Meaney, Cllr Christy Curtin and Cllr Martin Lafferty expressed concern over the impact the dispersal of the council’s offices is having on the services the council provides.

Cllr Lafferty said: “It is a great inconvenience to have different departments in different areas of Ennis. It is particularly affecting staff and council members.”

FOLLOWING the worrying news of positive tests for birds in Turkey and Romania with Avian Influenza the Minister for Agriculture and Food Mary Coughlan TD has announced a number of controlling initiatives in what she described as ‘a measured response.’

Firstly Minister Coughlan has welcomed the EU ban on all imports of live birds and untreated feathers from the countries and noted that imports of live poultry, eggs and fresh poultry meat from Turkey were already banned.

She has instructed her officials to request the assist- ance of Customs and Excise officers to provide further

support for her Department’s efforts at border inspection posts and she has arranged for the deployment of addi- tional Departmental resources at Dublin airport.

The Department has also issued detailed information to poultry flockowners on measures to reduce the risk of the introduction of Avian influenza into Ireland has published updated advice for travellers to and from af- fected countries.

Officials from the Department also met with colleagues from the Department of Agriculture and Rural Affairs in Northern Ireland to co-ordinate their strategies.

Avian Influenza has seen millions of chickens being culled in Asia with almost 60 people dying as a result of the flu.

that An Post admitted the service was “not satisfactory”’ when he presented his findings to the com- ee veNA ‘Despite the fact that the new sorting ar- rangement in Cork has been up and running for several weeks, the slow pace of mail de- livery continues,’ Deputy Breen said.

“T decided to post letters to my constituen- cy office in Ennis from 20 locations around the county over the weekend or on Monday morning. By Tuesday, only five letters, or

one in every four, had been delivered.”

The letters, which made it through with- in 24 hours, were posted in Ballyvaughan, Scariff, Ardnacrusha, Broadford, and Kil- FW eyer

But letters posted in Kilrush, Ennistymon, Lahinch, Lisdoonvarna, Lissycasey, Killa- loe, Kildysart, Ballynacally, Cratloe, Sixmi- lebridge, Shannon, O’Callaghan’s Mills, Tulla, Miltown Malbay and Ennis failed to be delivered by Tuesday morning even though they had all been posted by 10am on Monday, with the exception of the Ennis let- ter which was posted at 5.20 pm.

“This has nothing to do with the post of- fices who play a vital role in delivering an essential service every day. This has to do with the new sorting arrangement in Cork,’ said Deputy Breen.

“It falls far short of An Post’s actual rate

of a 76 per cent next day delivery, accord- ing to their regulator, Comreg, and a target of achieving 94 per cent,” he added.

By Wednesday, a further 13 letters were delivered, giving a 90 per cent 48-hour de- livery service, but the Shannon and Miltown Malbay postings had failed to arrive.

An Post issued a statement to the Deputy stating that this week’s operational reports do highlight mail arriving into Ennis too late in the morning to be processed and delivered that same day. This results in a portion of Ennis mail being delivered a day late. This confirms the nine per cent figure for 48-hour delivery.

“We sincerely apologise to customers who are being affected by late delivery. we are working around the clock to improve the Service,’ the statement said.

WITH a glut of rental property available lo- cally, Clare investors have cast their property investment net a lot wider, in recent times. In response, two Ennis businessmen, Martin Guerin and Gerard Lynch, have launched Blue Ten Properties, to facilitate investment in a carefully selected portfolio of overseas proper- Woe

Blue Ten has opted for a wharf-side develop- ment in central Birmingham as its first foray, and so far, just a few weeks after launch and based primarily on word of mouth, 35 of the 40 units have been snapped up. Martin Guerin confirmed, “over 90 per cent of the take-up has been from Clare based business people’.

Guerin has over 20 years experience working in the financial services sector and he believes that his reputation within the county has al- lowed investors to place their trust in him. But

Guerin and Lynch have also played safe with their first choice.

‘Holliday Wharf’, Birmingham, has been built by the very reputable builder, Charles Church. It overlooks Central Canal, in an area of the inner city in Birmingham which has undergone huge regeneration in recent years. ‘Having analysed the rental market, we decid- ed to reserve one-bedroom apartments only, as the rental return is very steady. Investors can expect to achieve rent of stg£625 per month on these properties, which are priced from £143,000 to £151,00”. The price range reflects whether or not the apartments include a park- ing space and their specific location within the building.

‘Holliday Wharf’ incorporates 155, one and two bedroom units and interestingly, Guerin said, ‘it’s estimated that over 55 per cent will be owner occupied.”

By buying in bulk, off plans, Blue Ten was

able to negotiate discounts of up stg£14,800, per unit, on behalf of its investors. Guerin ex- plained, “investors have to pay a 10 per cent deposit to reserve a property and the remainder is due on completion, which is anticipated early next summer.

“We have sourced a management agency, called Assets, to oversee the rental of the prop- erties on behalf of our investors, although if investors wish to pursue their own rental path, that’s fine. While many fittings are included, we have sourced a package of loose furnish- ings at acost of stg£5,000, again whether or not the investor wants to take up that option is at their own discretion. We have also negotiated a very cost effective conveyancing fee, with a local firm of solicitors, at £550 per unit”.

Guerin is convinced that this investment op- portunity is a safe bet. The rejuvenation of Bir- mingham continues at pace and it is anticipated that the face of England’s second city will have

utterly changed within the next five years.

“We have achieved substantial discounts that are not available to the one-off buyer. The dis- counts achieved are as much as some investors hope to make in their first two years”.

Certainly, there 1s consensus in the market that the UK continues to be a good area for property investment. According to recent re- search by Cambridge University the UK will experience a 1.4 million homes shortfall by 2021.

Guerin and Lynch may not confine them- selves to the UK however. “We are looking at potential investment properties as far away as Montreal.” But, Guerin conceded, “Birming- ham is a very good place to start. They speak the same language and you can hop on a plane and be at your investment property within a couple of hours, should the need arise”.

For further details on Blue Ten Properties, contact Martin Guerin on 087 2524639.