The Clare People Archive

THE driver of a train that collided with a parked tractor on the western rail corridor close to Cratloe in 2012, was unaware that a collision took place and continued on to the next scheduled stop at Sixmilebridge.

That is according to an investigation into the incident released by the Rail Accident Investigation Unit (RAIU) last week.

The report recommended that Iarnród Éireann should either close or move a nearby level crossing where at least two incidents have taken place in recent years.

On June 20, 2012, a passenger train travelling from Limerick to Galway collided with a tractor at the level crossing close to Cratloe.

The driver of the tractor was shocked but unhurt in the incident but his tractor sustained serious frontal damage.

The investigation found that the immediate cause of the accident was that the tractor entered the swept path of the train as the train was travelling through the level crossing.

The tractor driver had been relying on the railway signals to estimate train approaching times.

“Although the tractor driver was not adhering to the LC guidance booklet which states users should not rely on any railway signals, he had assumed it was safe to cross the level crossing; and despite being delayed by the vehicle blocking his exit, the tractor driver then edged forward to look again for oncoming trains.

“The tractor driver did not hear the train horn before edging forward,” the report says.

“Having been unable to close the level crossing due to a lack of agree- ment between the relevant land owners, Iarnród Éireann did not introduce adequate safety measures as a result of the inadequate viewing distances at the level crossing.”

While the collision was reported to an Iarnród Éireann signalman, it took 27 minutes to confirm the incident and alert the emergency services.

The RAIU established from telephone logs that the signalman had been taking a large number of calls and attempting to get Iarnród Éireann staff to the accident rather than contacting the Emergency Services immediately.

THE COURTHOUSE in Kilrush was packed to capacity on Thursday to watch history in progress as the last ever mayor was elected to the office. Following a nomination by out going mayor Cllr Mairead O’Brien and seconded by his former school teacher Cllr Tom Predeville (FF) Cllr Paul Moroney (Ind) took the chair in the building where the first ever Kilursh Town Council convened in 1885.

The son of Mary and Tommy Moroney from Moore Street, was visibly proud as he took the seat, said he was humbled o be elected and saddened that “this could be the last time” a Kilrush Town Council AGM would be held.

“I feel huge pressure to lead this council into what could be its final year,” he told the crowd.

“I am an honest man,” he said after which there was a sight jeer and laugh from the crowd. “I am hard working, who always gives 100 per cent. I am grounded with family values at heart.”

Mayor Moroney outlined five main aims for the final year of the council. He said he would work to build employment for young people, revitalise business in the town centre and address the issue of vacant and derelict buildings in the town centre.

He said it was also important that the rates system be addresses by the minister. The reserve fireman also spoke of the need for improvement to the local road structure, and the importance of progressing the Sports Project on the Cooraclare Road.

The new mayor added that he also looks forward to welcoming people home for the Gathering this summer.

“I will do my best for Kilrush in he coming year and am sure my colleagues will back me,” he said.

He also thanked people for their support and paid tribute to the late Cllr Stephen O’Gorman (FF) who passed away in December.

Fine Gael Cllr Marian McMahon Jones was elected the last ever deputy mayor of Kilrush having been nominated by Cllr Liam Williams (FG) and seconded by Cllr Ian Lynch (FG). Neither election was contested.

At 32 years of age he has the responsibility of chairing the last ever Kilrush Town Council public meetings and paving the way for a new era in public representation, but age is a mere number to Paul Moroney.

When he was just 21 years of age he became a father for the first time, at 22 he had a mortgage and at 23 he was married to his childhood sweetheart Alison.

Just weeks after he turned 20 years old he became one of the country’s youngest firemen.

“It has taught me everything and for that I will be forever grateful,” he told The Clare People .

It is not surprising then that in the last four years since he was elected to the town council he has argued for better road safety procedures and clearer road markings as well as highlighting the needs of young families. Paul is the father or three – a ten-year-old daughter Lilly Ann and four-year-old twins, Ellie Mai and Archie. He said he has always been interested in politics.

He considered running for the local election in 2005, but felt he was too young and not well known.

“I decided not to lose out again in 2009,” he said. He went on to top the poll.

He said it was also important that Kilrush Town Council leave behind a legacy it could be proud of so he envisages a busy year ahead.

He has not ruled out running for the local elections in 2014, which would see him contest one of the geographically largest constituencies in the country.

“I would love to contest the next general election but my kids are so small. Can I commit that much time? When I saw the new boundary, I knew it was going to be a full time job. Can I give it that much time? I don’t know,” he said.

In the meantime he must keep down the day job in Patrick Bourke’s Mens Wear, fulfill his mayor duties, remain on call as a member of the local fire service and parent three young children.

ONE OF the most advanced operating theatres in Western Europe is now open in the Mid West Region.

The state of the art high tech minimally invasive colorectal theatre at the Mid Western Regional Hospital in Limerick was provided by the Mid-Western Hospitals Development Trust at a cost of over half a million euro.

This fully Integrated Stryker i Suite Theatre is the first voice activated integrated operating theatre of its type in Ireland using Stryker’s dedicated technology and expertise.

Ann Doherty, chief executive of the Mid Western Regional Hospitals Group, said, “This is an exciting time for acute hospital services in the region. Without the work of the Development

“Trust acute hospital services would be lagging far behind international standards but now we are moving into a new era where our hospitals will stand comparison with the best.”

The new Stryker i Suite Theatre will be operated by Eoghan Condon, Professor Calvin Coffey, David Waldron, and Subhasis Giri and their surgical teams.

Mr. Condon and Prof. Coffey recently joined Mr Waldron from Cleveland Clinic Ohio USA, where they trained in laparoscopic colorectal surgery.

Laparoscopic colorectal surgery allows colon cancer to be removed using very small “keyhole” type incisions.

It results in significantly less trauma for the patients and consequently patients with other major conditions who in the past may have been turned down for surgery can now receive curative treatment.

This technique also has the advantage of allowing patients to recover more quickly allowing them to commence their adjuvant treatment earlier and avoid entering the Intensive Care after their operation.

A NEW Clare group, founded earlier this year to campaign for the right of disabled people, will not be running a candidate in next year’s local elections. The Clare Center for Independent Living (CIL) say that their primary goal is to “protect and reclaim” the identity of disabled people in Clare and to speak out when other disabled organisation – which are funded by the government and Health Service Executive (HSE) are unable to represent the needs of the people.

The group came together in May of this year when the Department of Health announced plans to scrap a number of disabled transport scheme. After winning this battle follow- ing a government u-turn last week, the group have decided to formally come together as the CIL – to provide disabled people with an ongoing voice in the county. “We recognise that disabled people need the support each other to ensure that all the years of campaigning, developing and understanding of independent living and trying to have a rightful place in society is not lost as a result of the recession and other practices,” said Anne Marie Flanagan of Clare CIL.

“In Clare disabled people do not have a formal voice locally in how the HSE and the Local Authority spends the funding directly relating to their services, separate to the organisations who are in receipt of the funding. We need to be able to ask the strapped for cash HSE how the budget is being spend and say how we feel it can be improved. We are the service users, who will do everything to maximise the funding, to have the best outcomes for our lives. We can’t do that currently.”

The primary objectives of Clare CIL are to promote independent living and to promote the freedom of choice and self-determination of people with disabilities.

Ms Flanagan confirmed that there will not be a CIL candidate in next years local election – she did say that, should the organisation ever decide to put forward a candidate for election, it would most likely be to the Dail and not to Clare County Council. There are an estimated 9,000 disabled people living in Clare – the quote for being election in Clare in the 2011 general election was 11,500.

PROGRESS has been made in attempts to secure accommodation for a wheelchair bound man who set fire to a nursing home in Killaloe, a court has heard.

In February, James Sherlock Jnr, formerly of 16 Childers Road, Cloughleigh, Ennis pleaded guilty at Ennis Circuit Criminal Court to causing arson at the Lakes Nursing Home in Killaloe on August 20 (2010).

The 24 year old is confined to a wheelchair after loosing both of his legs to amputation.

Heroin addiction lead to the amputation of Mr Sherlock’s right leg. He recently underwent surgery to amputate his left leg.

Finalisation of the case had been adjourned pending suitable accommodation being found for Mr Sherlock.

Circuit Court Judge, Gerard Keyes has said the State must find suit- able facilities for Mr Sherlock. Judge Keyes has previously indicated that he will not impose a custodial sentence. The Court was previously told that due to Mr Sherlock’s past behavioral difficulties and his pleading guilty to arson, many nursing homes and hostels would not accept him due to insurance issues.

The court has heard that discussions have taken place between local authorities, The Probation Services and the Health Services Executive (HSE) with the aim of finding accommodation for Mr Sherlock.

The case came back before the court on Tuesday. Counsel for Mr Sherlock, Pat Whyms BL told the court that the local authority has made progress in attempts to find accommodation for his client.

He said the Probation Service were seeking a further adjournment of the case.

Judge Keyes said he was not going to “interfere” with the progress being made.

Mr Sherlock has spent a period of time staying at the vacant Fairways apartment block in Ennis.

A HOMELESSNESS campaigner convicted of stealing almost € 27,000 from a pensioner in Ennis will represent herself at a sentencing hearing next month, a court has heard.

Ennis woman Josephine O’Brien (59) told Ennis Circuit Criminal court last week that she had “dismissed” her legal team.

In April, Ms O’Brien, with an address at 15 Bridgeview, Roslevan, was convicted by a jury of nine of 10 counts of theft from the bank account of Stephen O’Halloran (87), a resident of St Joseph’s nursing home.

Ms O’Brien, a founder of the Homeless Education Learning Programme (HELP), was found guilty of stealing € 26, 503 on dates between July 2006 and October 2010.

The court heard she used some of the money to open a homeless shelter in Chapel Lane.

The case was listed for sentence at Ennis Circuit Criminal Court last week. On Tuesday, Defence Solicitor Daragh Hassett applied to come off record in the case.

He said Defence Counsel, Lorcan Connolly BL, was also coming off record.

Mr Hassett told the court he had “strongly advised “Ms O’Brien that she should have legal representation for sentencing.

Ms O’Brien confirmed in court to Judge Keyes that she wished to represent herself.

She added, “I’m an intelligent woman and I’m quite capable of representing myself.”

Judge Gerard Keyes said, “That is your choice and we will respect it.”

Ms O’Brien told the court she sent an affidavit to the Attorney General.

Judge Keyes told Ms O’Brien that she had been found guilty on a number of counts after a trial.

In reply, Ms O’Brien said, “I have been found guilty on facts but there was no crime.”

Judge Keyes advised Ms O’Brien that she must go through the process of sentencing.

He told Ms O’Brien that the option to appeal was open to her after sentencing is complete, if she wished to pursue it.

Ms O’Brien also indicated to the court that she wished to get the tapes of her garda interviews.

Judge Keyes said Ms O’Brien must first make an application to the court. He added that the tapes would be released “subject to strict conditions.”

Sentencing was adjourned to July 11. Ms O’Brien is on continuing bail.

A JURY has begun deliberating in the trial of a Clare farmer, Joe Heffernan , charged with murdering a 21-year-old student on his land two years ago.

Mr Justice Patrick McCarthy yesterday (Monday) told the seven women and five men of the jury that they could reach one of three possible verdicts, none of which could be an acquittal.

Meanwhile the trial of Colm Deely (41), who is accused of murdering Deirdre McCarthy was adjourned for a number of days last week. It resumes this morning (Tuesday).

It is expected to have concluded by the end of this week.

A forensic psychiatrist told the Heffernan trial that the accused (33) knew what he was doing was wrong when he killed a student, whom he said was the devil. Dr Sally Linehan of the Central Mental Hospital was giving evidence to the Central Criminal Court in the trial of the farmer charged with murdering the 21-year-old on his farm.

Dr Linehan testified last Wednesday that she had interviewed Mr Heffernan three times since the incident and had studied his records from his time in the Central Mental Hospital following his arrest. The trial also heard harrowing testimony from two friends who were with Eoin Ryan on the night he died.

FIFTY years to the week that President John F Kennedy said farewell to Ireland at Shannon Airport with his famous pledge to “come back and see old Shannon’s face again”, it has been claimed that his wife Jackie Kennedy Irish ancestors hailed from West Clare. American genealogist Jim O’Callaghan has claimed that Jackie Kennedy was more Irish than her husband, saying that she was “one-eighth French amost of her ancestors coming from Shandrum, near Mullagh, in Co Clare”.

O’Callaghan discovered that on her maternal line, all eight greatgreat grandparents and two of her four great-grandparents were born in Ireland, making her more Mullagh than Montpellier. John F Kennedy also had Clare roots, with his great grandfather being James Hickey who hailed from near Dromoland Castle.

AN Bord Pleanála has approved planning permission to develop outdoor café facilities on O’Connell Street in Ennis.

The Ennis based Duesbury Limited has sought planning permission for the conversion one car parking space at O’Connell Street, Ennis to extended pavement area for out-door seating adjacent to Poet’s Corner/Town Hall. The developer also sought fascia signage and surround to the existing central doorway and incorporation of existing Poet’s Corner porch with main bar area. That part of the Old Ground Hotel is classified as a protected structure.

Ennis Town Council intially granted planning permission with Town Manager Ger Dollard stating that the principle of outdoor seating would “improve the vibrancy and character of the street.”

The Council’s decision was appealed by the owner of the Ennis Cash Company, Oliver Moylan to An Bord Pleanála on a number of grounds, including public safety issues, precedent and the loss of valuable on-street parking space.

In his report, Senior Planning Inspector Keith Sargeant states that O’Connell Street “reflects a good balance of activities between desti- nation shopping, pedestrian movement/street shopping, and vehicular movement”.

He continues; “The satisfactory functioning of O’Connell Street as a road, a street and a place, is clearly finely balanced. However I do not consider the loss of one car parking space would be detrimental to the maintenance of the fine balance. In reality the prospect of a motorist obtaining a parking space on O’Connell Street, at any busy time, is remote.

“Figures in this regard are stated in the Planning Authority response to the current appeal. In contrast the opportunity to enhance the sense of place surrounding “Poet’s Corner” area of the street is an opportunity in the public realm which should not be denied for the sake of one vehicular parking space”.

In granting permission, Mr Sargeant states that the “proposed development would not seriously injure the amenities of the area or of property in the vicinity.”

The report states that “the proposed fascia signage and surround to existing door shall be omitted”.

The report continues, “There shall be no retractable canopy or canopies attached to the façade of the building, save with a prior grant of planning permission. Proposed new paving must also match the existing footpath on O’Connell Street.

ORDERS from Clare courts that will see the Health Services Executive (HSE) notified of offences committed by parents described as “serial offenders” have been welcomed by one the country’s largest child protection services.

The Irish Society for the Prevention of Cruelty to Children (ISPCC) described the transmission of such information to health authorities as “absolutely vital” to the protection of children.

The society was commenting following directions issued by Judge Patrick Durcan in respect of two sep- arate cases at Ennis District Court last week.

Judge Durcan ordered that the Courts Services notify the HSE of the convictions recorded against a mother of two for public intoxication and a father of three sentenced to six months in prison for having heroin for sale or supply at the family home in Ennis last year.

Judge Durcan further ordered that the Director of Public Prosecutions (DPP) furnish a list of all previous convictions to the HSE.

The man and the woman, who are both in their twenties, have multiple previous convictions.

Judge Durcan said when court has knowledge that children are in the care and control of “serial offenders”, it has a duty to protect them.

In the case of the man convicted of having heroin for sale or supply, Judge Durcan added, “I’d like to get the HSE involved here as quickly as possible.”

Caroline O’Sullivan, Director of Services with the ISPCC, said the society “absolutely welcomes” the orders to notify the HSE.

Ms O’Sullivan said, “Often the only way the HSE can intervene in situations like this is when issues like this are highlighted to them. We would welcome it.”

She continued, “We would abso- lutely welcome it. If you have a situation where parents are taking drugs or are out drinking every day there is an obvious concern about who is looking after the children; who is feeding them; who is tucking them into bed. On a physical level, that is obviously a concern but then you also an impact on an emotional level also. It is absolutely vital that this type of information is passed on.”

Ms O’Sullivan said the orders fitted with the Children First guidelines the State’s official policy on the protection and welfare of children.

She said demand for the Society’s services in the Mid West is “increasing all the time.”