The Clare People Archive

THE Kilrush businessman charged with the murder of Limerick bouncer Brian Fitzgerald four years ago is expected to make a bail application to the High Court next week.

Anthony Kelly (49), of Cragg House, Kilrush, was arrested in Ennis at 9.45pm last Monday night and taken to Mayorstone Garda Station in Limerick. He was charged with murdering Mr Fitzgerald (34) at 10.50pm that night and appeared before Limerick District Court the following morning.

The father-of-four is accused of murdering Mr Fitzgerald, at Brookhaven Walk, Corbally, Limerick, on November 29, 2002. He is due to reappear before Limerick District Court again this morning (Tuesday).

Detective Garda Paul Ryan told last Tuesday’s two-and-a-half minute hearing that he arrested Mr Kelly at Mill Road, Ennis, last Monday night. He said the accused made no reply to charge after caution.

Inspector Tom O’Brien applied to have the accused remanded in custody for a week, for preparation of the Book of Evidence.

Defending solicitor Eugene O’Kelly said he was applying for bail. Judge Tom O’Donnell replied that it was a matter for the High Court. “I don’t have jurisdiction. That is a matter for the High Court,” said the judge.

Mr O’Kelly said there was “no question of flight risk” on the part of his client.

He said his client had left the country on several occasions since he was “spectacularly arrested and questioned some months ago” – and later released – in relation to the investigation into the death of Mr Fitzgerald.

He said the accused was well aware of the charge facing him, but that he had returned to the country. He said Mr Kelly had surrendered his passport to gardaí, and it had been returned to him and he had no intention of fleeing.

He pointed out that there had been widespread media coverage of the investigation into the death of Mr Fitzgerald.

“Every step of this case has been reported in a lurid fashion by the media,” said Mr O’Kelly.

Judge O’Donnell remanded Mr Kelly in custody to appear before the court again this morning.

Mr Kelly is the second person to be charged with the murder of the security manager.

Eleven months ago, James Martin Cahill (30) was jailed for life for murdering Mr Fitzgerald, after he pleaded guilty, at the Central Criminal Court. Cahill had an address in Birmingham and has strong west Clare connections.

THE Clare County Manager, Alec Fleming yesterday declined to provide details of bonus payments made to himself and the directors of services this year.

At an adjourned council meeting last January, Mr Fleming confirmed to councillors that a fund of €72,000 had been set aside for the bonus payments for himself and his six Directors of Service in 2006.

Mr Fleming sets the objectives for the directors of service. These are subject to the approval of an external adjudicating panel. The panel decides what percentage, if any of the set-aside fund the directors are entitled to.

Asked by The Clare People if payments had been made under the scheme this year, Mr Fleming replied: “Payments in 2006 under the scheme – if any – are determined in the first half of the year in respect of 2005. It is not appropriate to give information regarding payments under this particular scheme.”

Salaries to Directors of Service for Planning, Roads, Housing etc range from €75,523 to €89,255, while Mr Fleming receives a salary of €109,000.

Last year, Mr Fleming and his five directors of service enjoyed expenses of €46,767.

“There should be no reluctance on the part of the manager to release details of the payments,” said Councillor Tom Prendeville (FF).

“The manager and the directors should not fear any public backlash over the payments if they can justify the payments.”

He added: “The public has a right to know about the details of these payments and I will be placing a motion for the council’s November meeting for details of these payments to be made public.”

Mr Fleming pointed out: “It is not the case that I approve the payments but that the independent adjudicating panel set up under the scheme approve payments both for myself and the Directors of Service.

“In the case of Directors of Services I agree the objectives subject to approval of the adjudicating panel and also make appropriate recommendations at the end of the period in question. This scheme is similar to that in the civil service and other public sector organisations where it has been determined that the pay scale for senior public servants consists of a basic pay plus a performance element. There is a process similar to benchmarking used to determine the pay scales involved and obviously makes comparisons both within the public sector and also outside.”

TENS of thousands of Clare cats are dying excruciating deaths as Feline Immunodeficiency Virus (FIV) or Cat AIDS reaches epidemic proportions in the county.

The disease kills in a similar way to its human counterpart HIV – attacking the cats immune system and leaving them extremely susceptible to other illnesses, especially cancer.

The disease was first discovered in the county in East Clare in 2001 and has spread to every part over the last four years. While no Ireland-specific research on FIV has been conducted to date, the most recent figures from the UK show that six per cent of British cats are infected.

“When we find them, the cats are essentially dying on their feet,” said Clare Dog Warden, Frankie Coote. “There is really nothing that can be done for them. I know in Dublin they are talking about millions of cats, but I couldn’t put a figure on it in Clare. I know that it is a huge problem; it is bigger than anyone would ever believe.”

The disease is usually transmitted through biting during cat-fights and, for this reason, stray and male cats are at much greater risk of contracting it than female and domesticated cats. The saliva of an infected cat contains large amounts of virus and a single bite can result in transmission of infection.

A small number of kittens born to FIV-infected mothers may become infected in the womb or by drinking infected milk, but sexual transmission is believed to be rare.

“It is a major problem, we have been absolutely inundated with people calling us,” continued Mr Coote. “I know of cases where there are 60 or 70 cats just multiplying in people’s back yards. I have seen it more in feral cats, tomcats mainly, and the only thing you can do is destroy them. They lose massive amounts of body weight very quickly.”

At present, there is no state organisation with specific responsible for cat welfare in Ireland.

“I first came across it in Kilkishen about four years ago, but it is fairly commonplace around the county at the moment. It is right across the board. You get them in town areas a lot, but there is also a problem in the countryside,” continued Mr Coote.

“In Ireland, there are no dedicated cat wardens and the only people who deal directly with cats are the voluntary organisations. We help if we can, but we have to be focused on the dogs.”

AS CONSULTANTS at Ennis General Hospital prepared to put the finishing touches to a letter instructing Clare GPs to redirect all patients who may require a CAT scan to Limerick, Fianna Fáil announced that the vital diagnostic tool for Ennis had been signed off, much to the suspicion of the opposition.

Last night Senator Brendan Daly said that the HSE had been in discussions with the Mid-Western Hospitals Development Trust, which has already provided funding for the scanner.

He said that the HSE had now signed off on the installation of the instrument.

His fellow senator Timmy Dooley (FF) said he believed that the agreement was the result of intense lobbying.

But the Ennis General Hospital Development Committee met the announcement with some scepticism.

PRO of the group, Green Party Cllr Brian Meaney said he would take with a large bit of salt any assurance coming from politicians this close to an election.

He said he would not be satisfied until he saw the CAT scan in the hospital.

“We were given assurances that planning permission would be lodged for the hospital development in June and that still has not happened,” he said. Sources confirmed that consultants at the hospital had drafted a letter instructing GPs to direct any patient who “may” need a CAT scan directly to Limerick.

Currently only urgent cases at Ennis Hospital are considered for CAT scanning and these patients are transferred to Limerick by ambulance accompanied by a staff nurse and in some cases a consultant anaesthetist.

“It is estimated that 3,000 scans per annum are required at Ennis Hospital. However, due to lack of facilities, only approximately 1,000 patients receive a scan by transferring to Limerick,” according to Senator Dooley.

Earlier this year in an open letter, the consultants told Minister for Health Mary Harney that they were working in unsafe conditions.

It is believed that ongoing frustration with working conditions and the lack of a CAT scan had forced the consultants to consider such drastic action. Without a CAT scan the hospital is limited in what it can do especially for stroke victims and those presenting with head injuries. The diagnostic tool also speeds up the diagnosis of neck injuries and stomach problems. Meanwhile, the long awaited cost analysis for the first phase of the hospital extension is believed to be completed and has been sent to Dublin for approval.

IT’S a night Sara Keogh will never forget. But neither she nor her family will reveal the date they got a call to rush Sara to Dublin for a transplant. To dwell on it is to touch too closely on the identity of the person whose tragedy has transformed the young Tullycrine girl’s life.

But 15-year-old Sara will be forever grateful to people who found strength to be generous in the depths of terrible grief.

“I really want to thank the donor’s family. This has changed my life. No-one can imagine what it means. I can do things now I was never able to do,” says Sara.

When The Clare People last spoke to the plucky Tullycrine teenager in April, her dearest wish was to be able to eat a packet of crisps and take a bath.

Dialysis 10 hours a day, six days a week, meant she could do neither.

An open wound for the dialysis tube debarred her from playing any contact sports or going swimming and exhaustion left her with a pale reflection of the social life which would be normal for someone her age. Family holidays couldn’t even be contemplated.

But since the night Sara and her parents rushed to Temple Street Children’s hospital under garda escort, all of that has changed.

Sara has tucked into more than one packet of crisps and she can “go swimming, I can go out with my friends and I’m going on the school ski trip to Italy in February – I never thought I’d be able to do that. It’s amazing,” said Sara.

What she notices most, however, is that her energy levels have rocketed.

“I’m not tired all the time anymore. I can stay up until a normal time – and I can eat everything, including crisps.”

Sara’s mum, Mary, agrees that everything has changed for her brave daughter.

“She never complained but I would see her come in from school, white in the face with tiredness. We couldn’t thank the donor’s family enough or, for that matter, Temple Street Hospital, who were fabulous,” said Mary.

The gratitude which organ recipients feel was marked recently at the Irish Kidney Association’s 21st Annual Service of Remembrance and Thanksgiving in Corpus Christi Church in Dublin.

The service – at which recipients and their families remember those who gave the gift of life – will be televised on October 29 on RTE at 11.10am.

A SHANNON-BASED multi-national company generated almost a million euro for every member of staff employed at the company in 2005.

According to accounts filed to the Companies Office by Halifax Insurance Ireland Ltd, the company generated €364 million (£244 million) to the end of December 2005.

In 2005, the company employed 264 staff at its Shannon base, however, the company’s profits plummeted from €185 million (£124 million) in 2004 to €59 million (£40 million) in 2005.

The drop in profits is due mainly to acquisition costs in 2005 of €189 HOWEVER, if Deputy Breen was aware of the facts, Mr O’Gorman said it was extraordinary that he would inquire into the possibility of an early release of a sex offender.

“One in Four has cited this case involving Mr Nugent over the years as how the Criminal Justice System fails victims of sex abuse. The sentence given to Mr Nugent was derisory and it would be a travesty if he secured an early release in the case.

“The abuse perpetrated on one of the young boys started when he was eight and continued for six years two to three times a week. Nugent said million.

The company paid out €83 million (£46 million) in claims in 2005 – down from €91 million (£81million) in 2004.

The company’s has accumulated profits of €388 million (£260 million), and has assets of €801 million (£537 million). It was voted in the top 10 of Ireland’s employers in 2004 and No 1 in the 250-500 employees category.

Halifax Insurance Ireland is a subsidiary of HBOS plc (Halifax Bank of Scotland).

The company accounts state: “The commission rates paid by Halifax Insurance Ireland Limited to BOOS General Insurance were altered durthat his cattle meant more to him than the boy he abused and had not shown any remorse for what he did.”

Deputy Breen said he tabled the Dail question after being approached by a relative of Mr Nugent at a clinic to inquire into the question of early release.

“I was not making representations on behalf of Mr Nugent and I wouldn’t be in favour of an early release in the case. It was a terrible case. I put down the question to establish the facts and receive factual information in response to a request from a relative of Mr Nugent. There is nothing more to it.”

He said he was aware that Mr Nuing the year as the result of an independent review carried out comparing market rates to the rates paid by the company in the years 2004 and 2005. This resulted in a significant compensation payment affecting 2005 profits.”

Arising from the accounts, the director’s do not recommend the payment of a dividend.

In relation to principal risks and uncertainties, Halifax has identified a number of risks that are being monitored continuously.

“The company is currently facing deterioration within the UK creditor insurance market; this is a major concern area as the company is reliant at present on UK retail sales. gent was a sex offender but wasn’t aware of all of the facts in relation to the cases.

Mr Nugent was initially sentenced at Limerick Circuit Court to six years on each of 23 counts of buggery and three years imprisonment on 24 counts of indecent assault on a male neighbour and in November, 2004 was sentenced to six years on one count of buggery and six years on one count of indecent assault in relation to another male victim.

In his response, Minister McDowell said: “In view of the very serious nature of these offences, I am not prepared to authorize any form of early release in this case.”

“The company also forecasts a rise in unemployment and as a result will be monitoring loss ratios very closely and accordingly amend reserves.

In relation to future developments, the accounts state: There is also a move to risk based pricing for the unsecured loan products.

This will have the effect of moving from a one price fits all based pricing strategy, to a price that reflects risk on individual contracts.

“A number of initiatives have also been identified as a result of a review on both the Total Mortgage Protection Plan and Credit Card Repayment Insurance products to increase in-force business.

CLARE TD, Pat Breen, came under fire yesterday from a rights group for sex abuse victims. The row arose after he tabled a Dail question asking when a jailed Clare sex offender would be eligible for early release.

In a written question to Justice Minister, Michael McDowell, Deputy Breen asked when 74-year-old bachelor farmer, Joseph Nugent, from Dromellihy, Cree, would qualify for early release.

A farmer of 65 acres, seven miles from Kilrush, Mr Nugent was jailed four years ago and is currently serving two six-year and one three-year concurrent sentences in Portlaoise prison and is due for release with normal remission on February 9, 2008.

The cases against Mr Nugent involved two young boys and, imposing a sentence of six years in November 2002, Judge Brian McMahon said that Nugent had acted in a premeditated and predatory nature for his own self-gratification and beastly pleasure.

The judge added that the abuse on a neighbour, who was aged eight when the abuse started, involved the use of physical violence by an adult on a young child.

Colm O’Gorman of the One-inFour group said he would be appalled if any TD would intervene on the issue of early release of a convicted sex offender.

“I am not saying that Deputy Breen was trying to manipulate the system by placing this question, but it is difficult to see how it could be appropriate. The most benign take on this matter is that Deputy Breen made a representation on behalf of a constituent without knowing the full facts of the case.”

A PRIMARY school teacher in Clare has appeared before Ennis District Court, charged with 69 counts of sexual assault.

The accused, who cannot be named for legal reasons, and who has an address in Clare, is facing the charges arising out of alleged incidents on a number of dates between 2001 and 2004.

The charges relate to the alleged abuse of several young boys.

Garda Denis Collins told the court on Friday he arrested the accused on October 8 last.

When charged at Ennis Garda Station the accused replied, “no comment” after each charge.

The alleged assaults are understood to have occurred at various locations, including at the defendant’s home and the school where he taught.

Inspector Kevin Moynihan (prosecuting) told the court that the State did not have any objection to a remand on continuing bail to appear in court early next year, to facilitiate the preparation of the Book of Evidence.

Inspector Moynihan said the DPP has directed to a trial on indictment and he applied to extend time to serve the Book of Evidence.

There was no objection from the accused’s solicitor, Ted McCarthy.

Judge Joseph Mangan agreed to the request. He adjourned the case until early in 2007.

A FLIGHT between Rome and Toronto had to be diverted to Shannon last week after a passenger who suffers from Obsessive Compulsive Disorder stripped naked in the toilet of the plane and yelled at flight staff.

Wanda Hepditch (51), of Ontario, Canada, appeared before Shannon District Court charged with two offences under the Air Navigation and Transport Act.

The court heard she became unruly two-and-a-half hours into the Skyservice flight, last Monday evening, on which 370 passengers were travelling.

The mother-of-two went into the bathroom after coffee was spilt on her clothes.

She took her clothes off and washed them, and started shouting, while in the bathroom.

She was given blankets and the flight staff closed the door of the bathroom.

She emerged from the bathroom shortly after, wearing a blanket, and became aggressive. She refused to sit down and the plane was diverted to Shannon.

Inspector Tom Kennedy told the court the accused’s behaviour caused “considerable disruption,” and that drink wasn’t a feature as Hepditch had no more than a glass of wine.

“Her behaviour was odd, to say the least. While no-one was injured, she certainly did cause a lot of anxiety on the plane,” he said.

Hepditch’s solicitor Caitriona Carmody said her client had been diagnosed as Obsessive Compulsive.

She said a passenger behind her moved and a tray spilt, while resulted in Hepditch’s clothes getting soiled.

“She became anxious and went to wash her clothes. She went to get her clothes from the overhead luggage department,” said Ms Carmody.

She said her client was given a written warning from the captain and this distressed her.

Judge Aneas McCarthy said clearly there was a breakdown in communication between the airline staff and the accused.

“If they understood her request, no doubt they would have given her clothes.

“She wanted the clothes. Instead they gave her a blanket and asked her to sit down,” said the judge.

“This was a matter that arose because of the illness she suffers from. There was no criminal intent on the part of this lady,” he added.

He said the court must take misbehaviour on board an aircraft “very, very seriously,” particularly when an aircraft is forced to divert.

“Clearly hygiene and cleanliness is a major priority in her life. Given the nature and the unique circumstances I am going to apply the Probation Act,” he said.

Hepditch will not be allowed to travel on board Skyservice flights in future.

CLARE County Council is to examine the costs associated with introducing a waste waiver scheme for old age pensioners and low income families in Clare.

A report on the cost of introducing such a scheme will be presented at the next meeting of Clare County Council as a compromise after calls had been made to put the issue to a vote.

In proposing the motion Councillor Joe Carey (FG) said Clare should adopt a scheme similar to one currently being operated by Limerick City Council estimated to cost €750,000.

“Pensioners have been forgotten about by Clare County Council since waste collection was privatised. The Old Age Pension allowance may have increased over the last number of years but costs such as bin collection are eating into the limited disposable income that OAP’s have.”

But councillors were warned there could be a significant cost in introducing a waiver system and this would also have major budgetary implications.

After Cllr Tony Mulcahy (FG) had labelled the Council’s response “a load of baloney”, County Manager Alec Flemming stated there was a strong case for not pursuing the waiver scheme.

“There is no reason we should do everything that Limerick does. If we do that then why don’t we supply electricity as well. I would look at this as a basic welfare issue. Limerick City Council found they couldn’t do it legally so they hired a contractor to do it. I haven’t a definite answer on the cost but it is thought to be close to €750,000 a year. My firm recommendation is that we do not do it”

There was support for the motion from Cllr Cathal Crowe (FF).

“I know several low-income families who are struggling with the cost of waste disposal and who are storing rubbish which will burned in bonfires. The Council’s litter wardens will then have to clean up the mess afterwards”

Cllr Patricia McCarthy (Ind) warned that the role of councillors was being eroded.

Cllr Martin Lafferty (Ind) also supported the extension of the waiver scheme but advised the proposal be fully costed before any decisions are taken. The North Clare councillor also proposed that Clare County Council write to other local authorities requesting support for the introduction of a national waiver scheme.

Opposition to the scheme was voiced by Cllr Michael Kelly (FF).

‘It would be nice to think that we could get involved with everything but I don’t think it is possible in this instance for us to do it.”