The Clare People Archive

A MAN charged with assaulting a woman was refused bail after a court heard the alleged victim was terrified of the accused.

Senan Downes (30), of Westwood, Golf Links Road, Ennis, is accused of assault, on May 18 last.

The accused was arrested at Abbey Street, Ennis.

Garda Declan Keavey told Ennis District Court that when charged, the accused replied, “No f***ing way. I didn’t do sh**. I didn’t do f*** all.”

Inspector Michael Gallagher said a file on the matter was been prepared for the DPP and further more serious charges may follow.

He said he was objecting to bail, as the injured party was in fear of the accused.

Defending solicitor, Tara Godfrey, said her client was based in the area and was unlikely to flee.

She said he had no previous convictions for threatening witnesses.

Inspector Gallagher said, “I am contending that he threatened this witness.”

Garda Keavey then told the court the alleged injured party was likely to be detained in hospital over the weekend. “This woman is absolutely terrified of the accused,” said the garda.

Judge Aeneas McCarthy refused the bail application.

“I am refusing bail on the grounds of the seriousness of the charge and on the grounds the garda says she is terrified of this man,” said the judge.

He remanded the accused in custody, to appear again in court later this week.

AN ENNIS-BASED property development company is planning a €60 million housing development on lands it bought from St. Flannan’s College.

CLS Crystal Partners Ltd has applied for permission to develop a 16-acre portion of a 35-acre site near Clareabbey, Clarecastle, which it purchased last year for €8.5 million.

The company, which is owned by local businessmen Sean Lyne and Noel Connellan, is seeking approval for the construction of 219 residential units. These would consist of 72 semi-detached homes, 104 apartments in three blocks, 22 townhouses and 21 terraced buildings, a two-storey crèche and two ESB masts.

The site fronts onto the N18 outside Clarecastle. As the land is zoned for housing, it is likely that planning permission will be granted.

Documents lodged with Clare Council Council by CLS Crystal Partners show that the land was purchased from St Flannan’s (Killaloe) Diocesan Trust, with a delayed closing date, which is imminent.

A spokesman for the diocese confirmed to The Clare People that money had already been transferred in the deal.

However, it is understood that a sum has yet to be transferred.

It is understood that this relates to the compulsory purchase of half the 35-acre site for the enlargement of the Ennis sewerage plant.

Clare County Council has paid CLS Crystal Partners for this portion and they, in turn, have paid St. Flannan’s. The other half is outstanding because of the delayed closing date.

Two objections from James Flynn, c/o Hassett Leyden & Associates and Elaine M Kelly, c/o Connellan & Associates have been lodged.

The objection lodged on behalf of Mr Flynn concerns the failure to include a permanent vandal-proof fence between his property and the land for development.

Elaine M Kelly’s objection includes concerns about the absence of a comprehensive approach to the road network at the location.

The consultants state that Ms Kelly has lodged a submission in order to protect the amenity and value of her property, and residential amenity and rights of the present occupant.

The diocesan spokesman said that it remained the intention to spend the €8.5 million on St Flannan’s College in order to adhere to the terms of the agreement with the farmer who bequeathed the land to St Flannan’s in the 1940s.

A feasibility study on the future development of the boarding school building has estimated a €10 million price tag for a complete modernization.

RESIDENTS vehemently opposed to the erection of a controversial ESB mast close to the Éire Óg GAA grounds may march in protest over the issue.

The march is one course of action locals are considering after residents and political figures met with ESB representatives on Friday at a meeting convened by Senator Brendan Daly in the West County Hotel.

In a separate development, Junior Minister Tony Killeen has written to the Chief Executive Officer of the ESB, Padraig McManus, requesting the ESB to outline their policy on siting masts in residential areas.

Speaking yesterday, mast campaigner Noel Mulhaire said locals were hopeful the decision would be overturned.

“We are extremely unhappy with the decision. The mast would be literally metres from where children play sport. We have outlined our displeasure to the ESB and requested them not to build. We have the support of local councillors and we are confident that we will get a judicial review.”

Ennis Town Council are currently seeking legal advice over the matter and residents have four weeks from Friday (May 26) to apply for a judicial review.

But a spokesperson for the ESB said that, although dialogue was ongoing, the ESB fully expected the mast to be erected.

“We have full planning permission and we expect to go ahead with it. Consultations are ongoing with residents.”

Local councillor Pat Daly (FF) said that it was wrong, “for so many reasons, that the ESB should go on this site. Lives should be more important than big business.”

The controversy emerged following An Bord Pleanala’s decision to grant planning permission to the ESB for an 80-metre high telecommunications mast. In allowing the decision, the board overturned the recommendation of its inspector, who strongly recommended that permission be refused. The proposed site for the mast is situated at an existing ESB substation, located in the centre of a densely populated residential area adjacent to Mangan’s Cash and Carry. The site is 30 metres from the Éire Óg GAA grounds and is situated near Cahercalla Hospice. Locals have expressed serious concerns over potential health risks

“There are serious health concerns, there’s devaluation of property, there’s a lot of things. It is serious from the point of view that young children will be playing close to this monstrosity towering over the landscape,” one local resident said yesterday.

TWO brothers who “set upon” and beat a young Ennis man have been handed suspended jail sentences and ordered to pay €5,000 each to the victim.

Gerard O’Brien (30), of Frenchcourt, Clonroad, Ennis, and John O’Brien (27), of St Michael’s Villas, Ennis, pleaded guilty to assaulting Stuart Daly, causing him harm, on the Watery Road, Ennis, on February 27, 2005.

Garda Stephen Hession told Ennis Circuit Court that gardaí received a call in the early hours of the morning and, as a result, went to a house on the Watery Road.

Stuart Daly, of Clancy Park, Ennis, was lying on the couch and was in a “considerable amount of pain,” having sustained serious leg injuries and scrapes to the face. Daly told gardaí that a bar was used in the assault.

Garda Hession said it was alleged that Daly and another man had been accused of scraping a jeep some hours before the assault.

“They alleged as a result of this, Mr Daly had suffered a beating,” he said.

Gerard O’Brien’s barrister, Michael Fitzgibbon, said his client ended up in a situation that “spiralled out of control.”

He said O’Brien, a self-employed tiler, had never been in trouble before.

He handed a number of testimonials in to the court, in support of his client, one of which was from Fianna Fáil TD Tony Killeen.

John O’Brien’s barrister, Mark Nicholas, said his client left school early and has worked since, as a plasterer.

Referring to the allegations that a bar was used in the assault, Mr Nicholas said, “No bar was found.”

“If this court is of the mind to give him a chance, the chance will be taken,” said Mr Nicholas.

Both barristers said their clients had €5,000 each in court, as a sign of their remorse.

Judge Con Murphy said the circumstances were exactly the same in both cases.

“Gerard and John O’Brien set up Mr Daly, the victim. He was very seriously cut and bones broken. The victim was on his own and was effectively ambushed by the two accused,” he said.

He took into account that both cooperated with gardai and pleaded guilty.

He imposed two-year jail terms on each, suspended for two years, on condition that they entered bonds to keep the peace. He directed that €5,000 be paid by both to the victim.

THE Director of the Galway Clinic has claimed that for The Mid Western Regional Hospital Ennis to be a “comprehensive hospital”, it will require more than 100 consultants, including anaesthetists.

Speaking to The Clare People following a three-day Health Conference in Ennis, Mr Jimmy Sheehan, said that for every 100 “very active hospital beds”, 100 consultants were needed.

“You need, not just a huge investment, but huge ongoing resources to provide the comprehensive care now necessary,” he said.

The HSE Capital Programme for 2006 to 2010, which was published this week, includes €22 million for the “rebuild of Ennis General Hospital”.

Two million of that figure is to be spent on the initial part of the project.

The HSE hopes to submit the planning application for the €20.8 million development by June, with a view to putting the works to tender before the end of the current year.

But, Mr Sheehan, who is no stranger to building hospitals, is critical of the bureaucracy that delays the building of public hospitals.

He said that the complete building project for the Galway Clinic took 18 months.

The hospital is now up and running two years. A hospital in Tullamore, which began construction at the same time by the same builder, is still awaiting equipment.

“In the public sector the planning process takes a very different period of time,” said Mr Sheehan.

“In the private sector, you decide the equipment needed and make sure the building is suitable,” he said.

This compares to the public sector where the building is completed and then the equipment sourced. This can often lead to the need for an extension to the new building or its rebuilding before it even opens, he claims.

“There seems to be a totally different frame of mind when paying from the public purse,” he added.

Mr Sheehan also expressed his concerns that Clare people on surgical waiting lists were unaware of their rights under the Treatment Purchase Fund.

Any patient on a waiting list of three months or more can activate immediate treatment in a private hospital through the fund.

“They themselves have to activate it by getting onto the treatment purchase fund, or getting their GP to do so,” he said.

“No one should be waiting without the availability of services,” he added.

CLARE County Council is to construct a car park for visitors to one of the world’s most famous megalithic monuments.

The local authority, in partnership with the Office of Public Works (OPW), has purchased land adjoining the Poulnabrone Dolmen in a bid to alleviate traffic congestion at the site.

The dolmen is one of Ireland’s more accessible megalithic structures attracting over 100,000 people each year.

In the late nineties, the OPW purchased the 5000-year-old portal tomb and 15 acres of adjoining land from a local farmer in a bid to control visitor access to the site.

In recent years, the number of visitors to the monument has increased significantly leading to serious road traffic congestion and potential traffic safety issues at peak visitor periods. In response, Clare County Council and the OPW have completed a comprehensive site selection process for the provision of a carpark.

County Council Senior Planner, Liam Conneally says, “During the summer months, tourists are forced to park their vehicles on the narrow road leading to the five thousand year old portal tomb located”.

“We are satisfied that the parking area, which will cater for 15 cars and 4 buses, will lead to a better managed traffic situation.

The new facility should alleviate the traffic and pedestrian safety issues on the road fronting the monument” he added.

The council will own and manage the new parking area, which will cost between €250,000 and €300,000.

This figure includes the land cost, labour and materials. Submissions or observations with respect to this matter dealing with the proper planning and development of carpark went on public display in recent months and have recently been sanctioned by the county council.

No objections were made to the proposed parking area.

Chairman of the council’s Economic Development and Planning Special Policy Committee, Cllr. Richard Nagle said the parking area, which is expected to be completed by the end of summer, is “part of ongoing cooperation between Clare County Council and the OPW to improve visitor facilities and safety at attractions throughout the county”.

Located to the East of the road from Kilnaboy to Ballyvaughan, Poulnabrone was excavated in 1968 and found to contain the remains of between 16 and 22 adults and 6 juveniles, including a newborn baby.

Those buried in portal tomb were Neolithic farmers who lived in the Burren between 3800 and 3200 B.C.

CLARE County Council has confirmed it will be introducing new parking charges at the Cliffs of Moher once new visitor facilities have been developed at the site.

The new vehicle parking charges will apply to cover parking and access to all of the public facilities, including the cliff edge.

The cost per family car will double in price, rising to €8, with a €60 charge applying to coaches. Pedestrians and cyclists will not be charged.

Admission to the Interpretation Experience will be based on a separate, per person, charge at a rate of €4 per adult.

Concession rates for groups, families, children, and others will also apply.

Fianna Fáil senator, Brendan Daly, said yesterday that the new charges were “excessive”.

“There is a danger that the new charges will discourage people from visiting the Cliffs of Moher and it would be counter-productive for the north Clare area and the region if people decided to move on”, said Councillor Daly.

“The council will justify the charges through the investment they are making in the scheme.

“But if you price yourself too high, you will price yourself out of the market. The council’s aim must be to keep prices to a minimum.”

Project Leader for the scheme, Ger Dollard said that the proposed pricing structure was “very much in line if not below charges generally for visitor attractions.

“The current assessment regarding charges is being made in the absence of seeing what the completed project will offer,” he said.

“I have no doubt that visitors will be more than impressed with the completed product and see what’s on offer as representing value for money.

“The reality is that the 30 minute stop off will become at least a two hour visit, with much to engage visitors during their stay.

“A proposed charge of €8 per vehicle which could cover up to four people is not substantial.

“Equally a charge of €60 for a coach of 50 plus visitors is not excessive.

“The new experience will also provide rangers and guides to impart information to visitors and to improve visitor management at the cliff edge,” he said.

The new Visitor Centre – opening in early 2007 – will include a major interpretative area containing exhibits and display on a range of aspects of the Cliffs of Moher.

The facilities within the building will be subsumed into the contours of the hillside to minimise any visual impact.

Plans are being made to accommodate close to one million visitors each year once the new facilities are in place.

PARENTS and leaders of the gay community in County Clare have expressed concerns at the actions of Catholic youth group ‘Pure in Heart’ which they feel is promoting homophobia in national schools in Clare and Galway.

The Dublin-based organisation conducts talks in schools around the country where they lecture on traditional Catholic values towards sexual behaviour.

Gay Clare, a group which promotes the rights of homosexuals in the county, has hit out at Pure in Heart for delivering a message which they feel encourages bullying and even suicide among young Clare men.

“We agree with people’s right to free speech but it is not appropriate for a group like Pure in Heart to go into schools and say that homosexuality is wrong,” said a spokesperson from Gay Clare.

“It is irresponsible when you consider all the homophobic bullying that is already gong on.

“There are large numbers of young males in Clare committing suicide and some of this is because of the fear of being gay.

“A group like this can only spread fear to people who are unsure about their sexuality.”

Spokesperson for Pure in Heart, Damian Polly, told The Clare People that while his organisation does not condone homosexuality, they do not teach children to look down on people because of their sexuality.

“We preach chastity and the Catholic Church’s teachings about sexuality. We teach them about sexually transmitted disease and that there is no need to be pressured into sex,” said Mr Polly.

“We don’t tell kids what to do. We teach them that the Church believes that homosexual sex is wrong because it is not open to creating life.”

While Pure in Heart condemn the homosexual act, they stop short at condemning gays and lesbians.

“We would never say that a homosexual person themselves is wrong,” continued Mr Polly.

“We tell the children that no one should be labeled just because of their sexuality. I don’t treat people any different but I just don’t condone their behaviour.”

Meanwhile, a major report released last week indicates that homophobic bullying is rampant in Ireland’s secondary schools. ‘Straight Talk’ is the result of two years of research conducted in DCU’s School of Education Studies.

More than 700 teachers and students were interviewed as part of the survey which concluded that homophobic bullying is a common experience in secondary schools and that schools are not providing adequate policies and procedures to protect young people from discrimination and homophobic bulling.

THE twin brother of an Ennis man who was murdered outside his Kerry home last year has spoken of his heartbreak, after the killer was jailed for life.

Nigel Landy was speaking at the Central Criminal Court sitting in Tralee, after Joe Greaney (35), of Pierse Avenue, Janesboro, Limerick, was found guilty of murdering Fergal Landy (27), a native of Considine’s Road, Cloughleigh, Ennis.

Mr Landy, a chef, died after he was stabbed in the heart, with what was described in court as a large chef’s knife, outside the flat in which he was living in Killarney, in January of last year.

Greaney was found guilty after a six-day trial. He had admitted manslaughter, but denied murdering his friend and former work colleague.

The jury reached a ten-to-two majority decision, after deliberating for nine hours. Afterwards, the deceased’s twin brother Nigel Landy addressed the court.

He said there had been a special bond between himself and the deceased, who was older by one hour and five minutes.

“Family was everything to Fergal. His parents, daughters, Kiah and Sorcha, sister and four brothers, he loved each and every one of us,” said Nigel.

“He was not only my twin brother. He was my best friend . . . What I wouldn’t give to hear him laugh and see him smile, just one more time,” he added.

Since his death, the family has had Kiah’s Christening, Sorcha’s Communion, his only sister’s wedding and the birth of his niece. Mr Landy also said the family’s thoughts were with those of Joe Greaney’s family.

The deceased’s partner, Rachel Doyle, told the court the past year has been incredibly tough.

She endured heartbreak when she brought her baby daughter to her daddy’s grave in Ennis, from the age of three weeks to kiss his cross and say goodbye to the daddy she would never know.

On Father’s Day, Valentine’s Day and Christmas time, she had brought their little girl to her daddy’s grave.

“The bond between Fergal and our daughter was so strong from the very beginning. He never got the chance to hear the word ‘daddy’ come out of her mouth,” she said.

“My life and the future that Fergal, our daughter and I had planned together has been ruined and taken from us forever. Fergal is my soulmate, who I love deeply and always will.”

She said the verdict would never bring Fergal back or help ease the pain of losing him, adding, “at least now he can rest in peace, knowing that justice has been done.”

CLARE County Council this week became the first local authority in the country to produce a local biodiversity action plan.

The Clare Biodiversity Group officially launched the “Clare Biodiversity Action Plan”, and a document entitled “Recording the Wildlife of County Clare”, in Ennis on Thursday.

The group consists of representatives from a variety of organisations, both Governmental and non-governmental, as well as individuals with an interest or expertise in biodiversity in the county.

Members include Clare County Council, the Irish Seed Savers Association, Shannon Dolphin and Wildlife Foundation, the National Parks and Wildlife Service, the IFA, and the Forest Service.

All local authorities are required to develop a local biodiversity strategy, under the Government’s National Biodiversity Plan 2002. Biodiversity includes everything from microscopic insects to the largest whale, from tiny algae to huge ancient trees.

“Clare is ahead of the posse in producing the country’s first local biodiversity action plan. None of this would have been possible without the support of Clare County Council and the work of the Clare Biodiversity Group, which is a voluntary group. Clare are currently leading the way, however, to keep the work going, funding is required,” said Dr Simon Berrow, Chairperson, Clare Biodiversity Group.

The production of a local biodiversity action plan is one of the many natural heritage objectives in the County Clare Heritage Plan 2003-2007.

Clare County Council was one of the first counties to appoint a heritage officer and one of the first counties to produce a Heritage Plan.

According to Congella McGuire, the Heritage Officer, “the Clare Biodiversity Action Plan process would not have been possible without funding from the Heritage Council, LEADER and Clare County Council, and the dedicated members of the Clare Biodiversity Group who volunteer their time and expertise.”

Speaking at the study launch, Bridget Carlin, member of Clare Biodiversity Group said, “Farmers have a very important role to play and are a very valuable source of information.

“If we can support and encourage farmers to get involved, most of them know what plants and animals are on their land and how best to maintain habitats on their land.” CLARE householders are facing a bill of more than €22 million within the next six years if carbon dioxide levels in the county continue to grow at the current rate.

Clare energy emissions are currently above the Kyoto target by 300,000 tonnes of carbon dioxide, according to the Limerick Clare Energy Agency.

By 2010, Clare could be 490,000 tonnes over the limit and face a bill of more than €22 million in carbon levies.

The levy cost will be felt by the bill payer from 2012 when it will be added to the end of household bills. The LCEA hope that the levy will encourage people to turn to carbonless and more environmentally friendly fuel.

To avoid the carbon bill in 2012, every individual must reduce the CO2 produced by 4.8 tonnes per annum, the organisation claims.

At an energy solution conference at the weekend, Dr Ed Walsh, formerly of the University of Limerick, championed the use of nuclear energy as a CO2 free energy for the region.

“The facts are quite unambiguous. Nuclear reactors do not emit carbon gasses and so do not contribute to global warming. Compared to other means of energy production, nuclear power is safe. Death statistics reveal that energy production by hydroelectric and coal are the most dangerous, gas is safer, but nuclear is the safest of all,” he told the conference organised by the energy agency.

Pat Stephens from the Limerick Clare Energy Agency said that Clare could significantly reduce its carbon bill by as much as €16 million in 2010.

“There are other forms of energy out there particularly in Clare,” he told The Clare People.