The Clare People Archive

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.

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 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

THREE members of the travelling commu- nity who were involved in an altercation out- side Ennis swimming pool, have each been fined €600.

Before Ennis District Court were Chris- topher McDonagh (30), 1 Davit Terrace, Cloughleigh, Ennis; 38-year-old Bernard Mc- Donagh, | Ashline, Ennis; and Christopher Mongan (27), with an address in Clondalkin, Dublin, arising out of an incident on June 26, 2003.

Garda Val McCormack told the court that Bernard and Christopher McDonagh had been in the gym part of the pool when a car,

in which Christopher Mongan was travelling, pulled in to the car park.

“Tt’s alleged the McDonaghs came from the pool, went to their car, took weapons, includ- ing slash hooks and sticks, and went to hit the car in which the Mongans were travelling,” said Gda McCormack.

He said it was alleged by the McDonaghs that the Mongans also had weapons in their car. Gardai searched the pool area, but didn’t find any implements or weapons. He said there were allegations that the accused shout- ed abuse at each other and took their shirts off.

Judge Joseph Mangan imposed a fine of

A €5,200 TRIP by Ennis Town Council mem- bers and officials to a famous wine-growing region in the south of France last Summer has run into controversy.

Two councillors say the three day trip by five councillors and three officials to St. Paul de Fenouillet, at the invitation of the local mayor last July, was bad value.

During their time there, the Ennis delega- tion would have been able to visit St Paul de Fenouillet’s famous vineyards. In common with previous trips by the Town Council overseas, this one was accompanied by little or no publicity.

Fine Gael councillor, Johnny Flynn who didn’t go on the trip said this week: ‘I was elected to put in place policies for the town council and monitor the work of the execu- tive.

“The trip would not have assisted me in my duties as a councillor. I don’t think it is rel- evant.

‘The general public has become very cyni- cal over the work of central and local gov- ernment and a trip such as this would make the public even more cynical, where money needs to be spent on local services.”

Cllr Donal O’Bearra (GP) said, “From my experience of overseas trips for the Council, nothing is implemented by the Council that has been viewed abroad.”

Councillor O’Bearra travelled abroad with the council on a number of overseas trips in- cluding Bruges and St. Paul de Fenouillet, but opted not to go on this year’s trip.

“The people of St Paul de Fenouillet have been very, very good to the council and I went there with an open mind before as to the value of the trip. But all the evidence suggests that it 1s just a junket.”

Town Mayor, Frankie Neylon (Ind) said that the twinning arrangement with St Paul de Fenouillet “has provided an amount of benefits for Ennis”.

Ennis Town Clerk, Eddie Power said, “The cost of the trip was €5,200. The Council has a budget of €24,000 for town-twinning and associated expenses.

“The Twinning arrangement continues to be an opportunity to promote Ennis as a place to visit. This is particuarly relevant in the context of additional low cost airlines fly- ing the Shannon to Girona route, as the St. Paul de Fenouillet region is easily accessible through Girona.”

CHARGES against a 27-year-old an- tiques restorer who had been accused of involvement in two hit and run acci- dents have been dismissed.

Keith Russell, of 30 Cahercalla Heights, Ennis, denied he was the driver of a van involved in two accidents, dur- ing which €7,000 damage was caused to four cars, on June 12, 2004.

Taxi driver Michael O’Connor told Ennis District Court he was driving along the Clare Road towards Captain Mac’s cross at around 2am and stopped AMA eCoM DECAL RODW OSLO mK SLOD

He said a van came along behind him and crashed into the back of his car, be- fore driving off.

He said “Clare Van Hire” was writ- ten on the van and he took down the registration number. The driver was a young man in his early 20s with sandy hair but he could not be certain as to his identity.

It was alleged in court that the van then took a sharp bend, hit two parked cars outside a house in Gallows Hull, and continued on to the home of the ac- cused, where it was found parked in the CTU AoANe WA

Garda Mark Murphy went to the scene

of the accident and noticed a trail of lig- uid on the road, which he followed.

The trail turned right into Cahercalla Heights and stopped at the home of the accused. Gda Murphy said a white van was parked in the accused’s driveway, bearing the same logo and registration identified by the taxi driver.

He said a young man came running out of the house. “I asked him who was driving the van. He said, ‘I was driv- ing. No-one else in the house’,” said the garda. He said the accused was drunk and was unsteady on his feet.

When cautioned, the accused then strenuously denied driving the van.

Results of an intoxylser test taken by the accused showed there was 75 micro- grams of alcohol per 100 mls of breath.

He had the van on loan from Clare Van Hire and said he had full use it.

According to the owner of the van, the accused was ‘the only person to have access to it’, said gardai.

Defending solicitor Eugene O’Kelly applied for direction on a number of points including that the State’s case was built on circumstantial evidence.

Judge Mangan said “I have to hold with the defence. If the State wants to seek judicial review, it is a matter for the SIF Kone

THE ‘Taoiseach has this week LoysVebuenlo(eMmBn I MER, SUL ONOTcammOer-l Mmm als continuation of acute care at the Mid West Regional Hospital En- nis “remains a Government com- mitment”’.

His strongest indication to date that Ennis’s 24-hour accident and emergency service will remain Open came in a letter to the chair- man of the Ennis General Hos- pital Development Committee (EGHDC), Peadar McNamara.

A member of the EGHDC de- scribed the letter as “political soothing noises.”

The letter stated, “…. capital investment of €20 million indi- cates the Government commit- ment to keeping a fully function- ing Accident and Emergency Department in Ennis.

“It is not just in the capital side that we have made clear our commitment to Ennis A and E. Dedicated Emergency Care phy- sicians have also been employed providing round-the-clock med1i- cal cover to Ennis A& E. A & E Consultants sessions have been introduced from July 2005.

“Eight nursing staff have been upgraded to CNMI Level at En- nis and clerical staffing at the Ennis A & E Reception has also been extended.

‘There has also been structural reconfiguration of the A & E de- partment carried out to improve patient flow; this included a new reception area.

‘T would hope that our commit- ment to acute care is clear from our investment thus far, and the continuation of this acute care remains a Government commit- ment,’ Mr Ahern continued.

‘T would also take this opportu- nity to reiterate any commitment to continued planned investment in Ennis General Hospital’s serv- ices with a programme of new hospital facilities, new consultant posts and consultant led services, and new paramedic services.”

The PRO for the EGHDC said yesterday “we can have all the political soothing noises, but we have to hear that the para- graph (referring to A & E) in the Hanley Report will not be imple- mented.”

‘There are three people in this

trinity, the Minister for Health, the Taoiseach and _ Professor Drumm. We now want to get a meeting with Professor (Brendan) Drumm, CEO of the Health Serv- ice Executive,’ he said.

The spokesperson for the lobby group also expressed annoyance that a journalist had been leaked the letter, dated October 6, be- fore the intended recipient had received it.

He called into question the Government’s “way of doing business,” describing the leak as appalling.

CLARE County Council yesterday launched a ‘zero- tolerance’ policy against those engaged in anti-social behaviour across local authority estates in the county.

In the wake of the Council securing its third exclu- sion order against unruly tenants from a Council estate in recent times, the local authority unveiled its Strate- gies in Combating Anti-Social Behaviour at its Octo- ber meeting in Ennis on Monday.

Those found dealing drugs or engaging in violence will face the Council applying to the courts fora three- year exclusion order against the entire household.

The policy document states that “anonymous com- plaints will be recorded but not investigated by the Councils, unless a pattern is seen to be occurring”.

The chair of the Council’s Housing Special Policy

Committee (SPC), Cllr Joe Arkins (FG) told

THE construction arm of controversial US multi- national, Halliburton is set to scoop the contract to construct the €370 million Shannon tunnel.

The National Roads Authority (NRA) has iden- tified the “Direct Route” consortium, including Kellogg Brown & Root Limited as “the most eco- nomically advantageous tender” to complete the project.

As the construction subsidiary of Halliburton, KBR employs 64,000 people in 43 countries around the world and it is part of the same “Direct Route” consortium that has won the contract to construct the N8 Rathcormac-Fermoy bypass.

The other companies involved in Direct Route in- clude the Austrian company, Strabag AG involved in the Ennis by-pass; John Sisk & Son (Holdings) Limited, Lagan Holdings Limited and Roadbridge Ltd. The Texas-based Halliburton conglomerate is the biggest private contractor for American forces in Iraq and has received contracts worth some elev- en billion dollars for its work there.

US vice-President, Dick Cheney was chief execu-

tive of Halliburton in the five years immediately prior to becoming Vice President and Mr Cheney earned €45 million during his tenure at the world’s largest oil-and-gas-services company.

One of the many contracts that Halliburton has se- cured from the US Government is the €37 million deal to build prison camps in Cuba’s Guantanamo Bay for suspected terrorists — the company has had more than 35 of its contractors killed while work- ing in Iraq.

The NRA is to now proceed with discussions with Direct Route with a view to appointing it as the Provisional Preferred Tenderer. If such discus- sions prove successful and Direct Route are ap- pointed Provisional Preferred Tender, that is likely to lead to an award of the Contract for the Project in Spring 2006 with work expected to start around the same time. As part of the deal, the Direct Route consortium stands to generate €456 million in tolls from the route over a 30-year period.

The Direct Route consortium is also one of four pre-qualifying consortia for the controversial M3 Motorway, which skirts and the Hull of Tara.

SIPTU, representing over 500 workers at Shannon Airport and the Dublin Airport Authority (DAA), are on a collision course over the future of Shannon. Last month, talks between SIPTU and the DAA’s Director for Change, John Horgan broke up after Mr Horgan produced a document proposing the exiting from ca- tering and the outsourcing of the majority of functions at Shannon.

SIPTU’s National Industrial Secretary, Michael Halpenny has proposed the parties reconvene for fresh talks this Wednesday, October 12.

However, in a strongly-worded letter to Mr Horgan outlining SIPTU’s concerns, Mr Halpenny has con- firmed to Mr Horgan that the production of the docu- ment at the union-management meeting “is unaccept- able and indeed unhelpful to the process, insofar as it is premised on the exit of catering and the outsourc- ing of what appears to be the majority of functions in Shannon’.

He said, “The undue focus on an exit package — al- beit to be “negotiated” — detracts completely from what should be the focus, the future of Shannon and the place of our members therein. We have proposed discussions based on the following: no change without consultation and agreement with the Unions; nothing is agreed until everything is agreed and no compul-

sory redundancies.”

Mr Halpenny said that a SIPTU official would meet with a DAA representative in the two days prior to the meeting to examine the financial status and projections for the airport. He added that the meeting scheduled for October 12 would agree an agenda for discussions and agree a schedule of meetings going forward.

He warned, however, “In this context, it is important to repeat we cannot accept exit from catering or out- sourcing of functions as part of that agenda.”

Mr Halpenny suggested that the parties agree to Seek the services of a Facilitator to assist them, with- out prejudice to their rights to refer disputes in the nor- mal course to the LRC, Labour Court and third party NOLO NMOS EON

The talks are taking place with the DAA, as the Shannon Airport Authority (SAA) has yet to become a legal entity because a business plan for the airport has yet to be approved by Government.

Shannon is on course for a record year in 2005 with the first nine months showing passengers numbers be- ing in excess of 2.5 million — an increase of 36% – while the lucrative US troop traffic has accounted for almost a quarter of a million passengers and estimated to have generated over €25 million for the Shannon Airport Authority (SAA).

Last year, the Airport’s loss was €2.5 million on a turnover of €95 million.