The Clare People Archive

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.

PATRICK Joseph O’Dwyer was born on July 3, 1985. He was the sec- ond-born child of Paddy and Claire O’ Dwyer, a factory worker and bank official, respectively. His older sister Louise is a graduate of NUI Galway and his young sister Marguerite was studying for her Leaving Certificate at the time of her killing.

Patrick obtained 395 points in his Leaving Certificate, at Ennistymon CBS in 2003.

This secured him a place in Civil Engineering at Galway Mayo In- stitute of Technology. He moved to Galway and stayed in student accom- modation with two other young men from Mayo. However, he dropped out of college that Christmas and re- turned to his home town.

“I did not enjoy my time up in Gal- way. I wanted to get out of there,” he told gardai.

He had previously worked part- time as a labourer, a golf club cad-

die and took up weekend work at the Atlantic Hotel and Coast nightclub in Bseeen

After dropping out of college, he be- gan working with his father at Tyco, Shannon. In June 2004, he took up an apprenticeship as a butcher with Bernard Roughan in Ennistymon. He earned €230 a week and contin- ued to work there, until the killing of his sister.

He enjoyed this work and Mr Roughan told the trial that Patrick was “a great worker,’ “got on well with everyone” and appeared happy on the day of the killing. He planned to open his own butcher’s shop, some WU Seto UOMBO CM RUIADDKoM

“Marguerite had called in often to talk to him. They got on well. He would often give her cigarettes,” he ene m

Patrick had a huge interest in sport and played football and hurling, un- derage, with Ennistymon.

He had a number of friends, mainly from Ennistymon and Inagh, and had

AISA AEc DUDE TOI OTOL

“A few, nothing long-term. They cost a lot of money,” he said, during an interview with gardai.

He had his first drink prior to his 16th birthday and said he would feel “bad” the day after he drank shots or (ere <2 He dabbled in drugs whilst in col- lege. “Hash. When I was in college. Maybe once a week, twice a week,’ he said. The trial heard several incidents which showed that alcohol was his downfall. He enjoyed a good rela- tionship with his parents, the odd ex- ception being a row over drink. On one occasion, in January 2004, he asked an English woman in her 40s for a kiss on the street. She rejected his advances and he hit her and bit her fingers. He was acutely drunk at the time. On another occasion, he became ageressive with his father, after he spoke to him about his drunken be- haviour at a family wedding.

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 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.

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

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.

CLARE County Council will meet with gardai in the next number of days in a bid to prevent the “very unsafe practice” of coach operators dropping passengers off at the road- side at the Cliffs of Moher visitors’ Cosi

Several coach operators are refus- ing to use the car-park in response to a council parking charge increase from €5 to €60. Instead, they are dropping off and picking up passen- gers at the roadside.

Project Leader Ger Dollard said that

the council is “extremely concerned” at the practice because it puts visitors at risk and causes traffic problems. ‘The traffic implications were also evident, especially on the busy Easter weekend when tailbacks to St Brig- id’s Well were caused by coach op- erators stopping on the road and con- sequently impeding the direct flow of traffic on what is a very heavily trafficked tourist route,’ he added. “Currently between 12 and 30 coaches a day are using the new coach-parking facilities and paying the appropriate facilities charge for the number of passengers onboard

and are very Satisfied with the overall service and facilities on offer.”

In relation to what he called the “small” number of coach operators continuing to drop tourists off at the roadside, Mr Dollard said, ““On some occasions, some of the coach opera- tors continue to drop visitors on the road, even when the facilities charge is paid directly by the visitor group – for example, school groups or as- sociations that have booked directly with the Cliffs of Moher and are pay- ing all charges themselves.”

Director of the centre, Katherine Webster, said that there are “oc-

casional comments on the price of parking but when staff explain that the facilities charge covers the ac- cess to all public facilities on site, as well as a contribution towards visitor management and conservation at the Cliffs of Moher, most visitors con- sider this reasonable.”

She said that Easter weekend was their biggest test to date in terms of managing the number of visitors and all went well.

“Despite record numbers the cen- tre, cliff edge and car park all oper- ated smoothly. Visitors are respond- ing positively to the on-the-ground

staff presence especially the Cliffs of Moher Rangers,” she added.

“The rangers conduct guided tours at off-peak times to encourage visit- ing the cliffs when we are quieter. These are extremely popular espe- cially since the arrival of the puffins on Goat Island on April 1.”

Mr Dollard predicted that the “vast improvement” of facilities would continue to boost visitor numbers, which are up three per cent on last year.

He said it is still “early days” as the peak tourist season would run from May to September.

THE trial of a man accused of mur- dering Ennis hackney driver Liam Moloney two years ago 1s due to get underway tomorrow (Wednesday) at the Central Criminal Court.

Anthony Kelly (54) of Emlagh na Muck, Emlagh More, Waterville, County Kerry, yesterday pleaded not guilty to the murder of father-of-four Mr Moloney (56), in Portlecka, Ruan, Ennis, on February 11, 2005.

Mr Moloney’s body was discov- ered on farmland at Portlecka, near the village of Ruan, on February 11, PAU Oey

A jury of seven women and five

men was sworn in yesterday and the trial will get underway tomorrow neleusuperee

Mr Kelly yesterday pleaded guilty to six other charges. These include robbing Mr Moloney (56) of car and house keys, a pocket knife, a wallet and €10 in cash.

He also admitted taking a motor vehicle belonging to Mr Moloney and damaging it by fire on the same CF Kes

Mr Kelly also pleaded guilty to a charge of entering an address at Bar- rack Close, Barrack Street, Ennis, with intent to commit theft.

He also admitted possession of a knife and other articles with blades,

namely an axe and machete, in a pub- lic place, also on the same date.

He also pleaded guilty to the pos- session of a sawn-off shotgun in County Kerry on February 24, 2005, giving rise to the inference that he did not have it in his possession for a lawful purpose.

Senior counsel for the defence, Brendan Grehan told Mr Justice Paul OTe Nee Coker A VMO OFLU ON KIRW ie: Foie- Ore kts in which the matter of diminished re- sponsibility would be raised.

The case is expected to last up to two weeks.

BOUNCERS who throw both an- tagonists in a fight onto the street at the same time came in for criticism in Ennis court on Friday.

Solicitor Tara Godfrey criticised the actions of doormen at The Queen’s nightclub while defending a client on a public order charge.

Ms Godfrey was_ representing

Philip Crew, of 32 Hermitage, Ennis, who pleaded guilty before the court to a breach of the Public Order Act.

Judge Joseph Mangan heard that Crew was arrested after gardai found him intoxicated and fighting with an- other man outside the nightclub.

“He and his girlfriend were in the nightclub when her ex-boyfriend banged off her. My client went over to him and said that this couldn’t go

on as they all had to live in this town. Then, as so often happens with door- men, the bouncer threw them both out into the street at the same time.”

Godfrey said that while the door- man’s action “does not exonerate my client in any way, the court should be aware that bouncers in licensed premises treat these situations in this Fae

Judge Mangan heard that while

Crew had previous convictions for assault, theft and trespass, he had stayed out of trouble for a number of years. The 22-year-old was “unlikely to be going back to that type of be- haviour” having had a clean sheet for so long, his solicitor said.

Judge Mangan jailed him for six weeks and set bail in the event of an appeal at £300, with an independent surety of €500 and €300 in cash.

AN 11-YEAR boy failed in his des- perate efforts to revive his four-year- old brother after finding him hang- ing by his hood from a toilet window at their primary school in east Clare last year.

At an inquest in Ennis last Tuesday into the death of junior infant, Karl Fox, a jury was told that his then 11- year-old brother, Gavin, climbed on top of a friend’s bicycle and lifted Karl from the window and on to the ground on March 14, 2006 at Feakle National School.

According to evidence from Garda Vivian Cahalane, “Gavin tried to wake up Karl, but failed to do so.”

Garda Cahalane said Gavin re- membered that “Karl was cold at that stage’. The inquest was told that Gavin put Karl over his shoulder and went onto the public road outside the school to get help.

Local | woman,

Mary Rose

Loughnane was bringing her daugh- ter from dance class and saw Gavin in a very distressed state and he called out “Help Miss’.

Ms Loughnane said that she no- ticed that Karl’s lips were blue and that he was unconscious. She drove the two home and on arriving at the Fox home, the boys’ mother, Linda came out “to take Karl from Gavin’s shoulder and tried to wake him by shaking him. She then became dis- tressed as he wasn’t responding.”

In her deposition, Linda said, “Karl was limp in my arms and I noticed that his lips were blue.”

She then ran to a neighbour’s house with Karl in her arms.

At the house, a student nurse at- tempted to revive Karl before an ambulance arrived to take the boy to Ennis General Hospital. How- ever, Karl was pronounced dead at 6.20pm.

The inquest was told that Gavin was at hurling training after school between 3pm and 4pm and had seen Karl playing around the field at 3.30pm.

Gavin returned home after train-

ing but Karl was not there and their mother Linda asked Gavin to return to find Karl “because I remember looking at my watch and thinking it was too late for Karl to be out”.

Feakle National School teacher, Marie Clune took hurling training on the day and in her statement said she remembered seeing Karl at around 4.05pm walking by himself in the school yard. She was asked to lock up the school as principal, Ted Har- rington had to go to the local bank.

She called out a couple of times to make sure that there was no one left in the school building before she locked up.

She said, “I didn’t get any response so I proceeded to close the door and lock it. When I drove away from the school, I was happy that there was nobody left on the school grounds.”

Garda John Cunningham – said when later examining the scene with Mr Harrington, “we visited the boys’ toilet and the window Karl had got

caught on was in the middle above the sinks”.

Garda Cunningham said that they also found a yellow infant’s chair and a brown chair also 1n the toilet under a window that was barred.

Assistant State Pathologist, Dr Michael Curtis said he found three very faint discontinuous bruises on Karl’s neck that were consistent with the application of a broad ligature, such as clothing. He concluded that the cause of death was accidental hanging.

County Coroner, Isobel O’Dea said Karl’s death was very tragic and very sad for his parents, his siblings, his school and the wider Feakle commu- nity. She said ‘accidental hanging’ was the appropriate verdict and after deliberating for a short time, the jury returned that verdict.