The Clare People Archive

THREE men alleged to have been involved in a “fracas” at a wedding in Ennis last year have had the charges against them struck out.

Three men – Jimmy Doherty (40), John Doherty (47) and Simon Doherty (41) were charged with offences arising out of an alleged incident at Ennis Cathedral, O’Connell Street, on October 11 (2012).

Jimmy Doherty, with an address at 8 Maiville, Kilrush Road Ennis, and Simon Doherty, with an address at The Cottage, Granard Road, Edgeworthstown, Longford, were both charged with the assault of John McDonagh at the Cathedral on October 11 (2012).

They were also charged with engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace.

John Doherty, with an address at 60 Abbeyville, Ennis, was charged with engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace.

John Doherty was also charged with assault causing harm to John McDonagh.

The court previously heard that it would be alleged that Mr Doherty struck Mr McDonagh across the head with a slash hook. Jurisdiction of John Doherty’s case was refused in the District Court.

At Ennis District Court on Wednesday, Inspector John Galvin said he did not have directions from the Director of Public Prosecutions (DPP) for Jimmy and Simon Doherty. He requested a two-week adjournment.

Defence solicitor John Casey said this was the second occasion the State had sought an adjournment. He added, “This is not a very complicated matter. There are not a huge number of witnesses. There has to be movement on it.”

Judge Patrick Durcan said the delays are “very unfair” on the Dohertys. He said, “This is crazy carry on. These men are innocent in my eyes. They have been coming to court since February 6.”

Judge Durcan said, “These men can’t be coming in here. They have other things to be doing.”

Mr Casey applied to have the cases dismissed. Insp Galvin applied to have the cases struck out.

Judge Durcan also struck the cases against John Doherty. He said, “John Doherty can’t be coming in here day after day.”

A JUDGE has rejected a Clarecastle man’s offer to pay € 5,000 compensation to a plasterer he assaulted with a golf club 17 months ago.

David Casey suffered a fractured skull when he was assaulted by Ian Considine (25) at St Joseph’s Terrace, Clarecastle, in the early hours of December 27 (2011).

Mr Considine, with an address at 55 St Joseph’s Terrace, Clarecastle, appeared at Ennis Circuit Crminal Court on Friday.

Judge Gerard Keyes rejected Mr Considine’s compensation offer, saying he was conscious of the perception that exists that people can attempt to “buy” a suspended sentence.

In February, Mr Considine pleaded guilty to a charge of assault causing harm to Mr Casey, a father of two who also lives in the St Joseph’s Terrace area.

The court heard that on the night in question Mr Casey was involved in an incident outside the Considine family home.

Garda Niamh Browne of Ennis Garda Station said Mr Casey threw a crutch at the door and broke one of the windows.

Members of the accused’s family including his father came outside, the court heard.

Mr Considine, who lives near the home, was awoken by his sister and arrived at the scene armed with a golf club, the court heard.

Counsel for the State Stephen Coughlan BL, told the court that for want of a better expression, Mr Considine, “literally pole-axed Mr Casey”.

Mr Casey was transferred to the Mid Western Regional Hospital, Limerick and later Cork University Hospital.

He sustained a right frontal skull fracture and 6cm laceration.

Mr Casey required further treatment in 2012 to remove skull fragments that were “leaning on his brain”, the court heard.

In his victim impact report, Mr Casey said the incident had greatly affected his life.

He said he had been unable to work since the assault. He said he is worried every time he goes to the doctor.

Mr Casey added, “I have no grudge against Mr Considine.

“I want to put this behind me and move onto the next chapter of my life. …. “What is done is done and there is nothing we can do about it now.”

Defence Counsel Kenneth Kerins, said his client, a qualified carpenter, made a “very foolish and rash decision” on the night.

Mr Kerins added, “He stands before the court genuinely remorseful.”

Mr Considine has no previous conviction and has not come to garda attention since the assault, the court heard. Mr Kerins said there had no further incidents between the parties.

The court heard Mr Considine de- scribed as a hardworking, reliable man.

The father of two is a long serving member of Manus Celtic soccer club.

Mr Kerins said his client would be willing to pay € 5000 compensation to the injured party.

Judge Gerard Keyes said he found the figure too low, noting the length of time the victim had been out of work.

Judge Keyes said he was also conscious of the perception that exists among the public that defendants can attempt to “buy” a suspended sentence.

Judge Keyes indicated that he might accept a figure of € 10,000 but added that payment is no guarantee that a suspended sentence will be imposed.

Judge Keyes said he required time to consider the case in greater length.

He added; “I cannot ignore the seriousness of the injuries inflicted on this man with a golf club.”

AN ENNIS man convicted of intimidating his brother-in-law has been sentenced to 18 months in prison.

Last October, Martin Joyce (22), with addresses at 113 Dun na hInse, Ennis and 2 St Patrick’s Mews, Clarecastle, was found guilty by a jury of the intimidation of his brother-in-law Michael Ward and Mr Ward’s wife, Rose Ward.

The offences were committed while Mr Joyce was on bail, Ennis Circuit Criminal Court heard on Friday.

He was acquitted of a charge of threatening to kill Mr Ward at Shannon Airport on May 3 2011.

The Wards had travelled to Clare from England to give evidence at an arson trial against the Mr Joyce’s brother David. David Joyce was acquitted of the charge.

Sentencing in Martin Joyce’s case had been delayed pending the finali- sation of another case in the Midlands.

On Friday, Counsel for the State, Stephen Coughlan BL, said the Director of Public Prosecutions (DPP) had decided that Mr Joyce’s case could proceed to sentencing.

Judge Gerard Keyes said the victims in the case had given sworn evidence that they felt “frightened and intimidated” of Martin Joyce and were afraid to come to court.

He said that in their victim impact statement, the Wards said they lived in a “twilight world” unable to attend family occasions such as weddings and funerals.

Judge Keyes said intimidation of witnesses is a “serious matter and goes to undermine the whole justice system.”

He said people who witness crime must feel safe to come forward “otherwise anarchy would prevail and we would end up with a lawless society.”

Judge Keyes commended the Wards for their “resilience and bravery” for enabling the trial to proceed.

The court heard that Mr Joyce has 32 previous convictions, the majority for road traffic offences.

Noting the length of time it has taken for sentencing to be finalized, Judge Keyes imposed a two-year sentence on both counts to run concurrently.

Judge Keyes suspended the final six months of the sentence on condition that Mr Joyce have no direct or indirect contact with Michael and Rose Ward.

He backdated the sentence to September 30 (2012) in acknowledgement of the length of time Mr Joyce had spent on remand.

Addressing Mr Joyce, Judge Keyes said there should not be any more difficulties between the families.

Mr Joyce replied;

“There won’t be Judge. Thanks very much.”

A DISTRICT
Court Judge has hit out at what he called the“abuse” of the courts system in Clare. Judge Patrick Durcan was speaking during at Ennis District Court Wednesday after being informed of a proposed change in legal representation for a Limerick man. Solicitor Tara Godfrey told the court that she had been asked by Limerick solicitor John Devanne to take over the case of Martin Casey (22). Mr Casey, with an address at Bay 6Toppings Field, John CarewPark, Limerick, is accused of handling stolen property – a green blade hedge trimmer and Efco Chainsaw- at Carrahill Crusheen on February 27 (2013). Mr Casey is also alleged to have handled a stolen Stihl chainsawat the same location and date. After being told of Mr Casey’s proposed change in legal representation, Judge Durcan said he was getting “very tired of abuse of the courts systemwhere people are coming on an off record.” He said if a solicitor ceases to represent someone, then“they should showrespect to the court, the registrar, the client, to showup and come off record.” Judge Durcan added,“This isn’t the London Underground where people can simply can come on and off.” Judge Patrick Durcan adjourned the case to May 1 when he said he would consider Mr Devannes application to come off record. Another Limerick man also appeared in court charged with the incident at Crusheen. Anthony Quinlivan (18), with an address at 12 ElmPlace, Rathbane, Roxboro Road, Limerick, is charged with handling a green blade hedge trimmer, Efco chainsawand Stihl chainsawat Crusheen on February 27. Mr Quinlivan is also charged with having an article which had a blade or which was sharply pointed at the same location and date. Mr Quinlivan was represented by solicitor Fiona Hehir. His case was adjourned until May 1.

THE cases
of two men charged with offences arising out of an alleged incident at Ennis Courthouse are to be heard next month. Anthony Doherty (27) and Dylan Dinan (20) were both before Ennis District Court on Wednesday. Mr Doherty, with an address at 30 Lenabeg, Lahinch Road, Ennis, is charged with engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace at Ennis Courthouse on January 16 (2013). Mr Dinan, with an address at 6Waterpark Court, Drumbiggle, Ennis, is charged with engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace at Ennis Courthouse on January 16 (2013). He also charged with assault at the same location and date. Mr Doherty is represented by solicitor John Casey. Mr Dinan is represented by solicitor Tara Godfrey. CCTV evidence is to be sought in the case, the court heard. The cases were adjourned for hearing until May 20.

A MAN
found in possession of a Stanley knife in a pub in Ennis has received a suspended sentence. At Ennis District Court onTuesday, Darren Maughan (21) pleaded guilty to possession of a knife at Knox’s Bar,Abbey Street, Ennis on February 2 (2013). Inspector TomKennedy told the court that gardaí were called to deal a public order incident at Knox’s involving Mr Maughan. Gardai searched Mr Maughan and found that he was carrying a knife for “no good reason.” Mr Maughan, with an address at 20 Stonecourt, Drumbiggle, Ennis also pleaded guilty to stealing seven bottles of wine fromNext-Door offlicense, Gort Road on April 16 (2013). Mr Maughan also pleaded guilty to a charge of assault at Ennis Courthouse. Defence solicitor WilliamCahir said his client is a young man who has “chronic problems with alcohol.” He said Mr Maughan had recently tackled his problems before but had recently “fallen off the wagon”. Judge Eamon O’Brien imposed a nine month suspended sentence in relation to the offences at Knox’s. All other matters were taken into consideration. Judge O’Brien said he would suspend the sentence on condition that Mr Maughan enter a bond to be of good behaviour. He told Mr Maughan he should join Alcoholic’s Anonymous (AA).

DISCUSSIONS have taken place between senior management from the Health Service’s Executive (HSE) and Ennis Town Council over the provision of accommodation for a man who admits setting fire to a nursing home.

The meetings were highlighted at Ennis Circuit Criminal Court last Thursday during the case of James Sherlock (24).

Mr Sherlock, a wheelchair bound amputee formerly of 16 Childers Road, Ennis, has pleaded guilty to causing arson at the Lakes Nursing Home, Killaloe on August 20 (2010). Sentencing in the case had previously been adjourned to see if a suitable residential placing could be found for Mr Sherlock.

The accused was not in court last week as he was staying in the Mid Western Regional Hospital, Limerick. Eoin Ryan, Senior Probation Officer for the Ennis area, told the court that Mr Sherlock was medically fit to be discharged “but has nowhere to go.”

He said no appropriate accommodation is available for Mr Sherlock.

Mr Ryan explained that due to Mr Sherlock’s past behavioural difficulties and his conviction for arson, many nursing homes and hostels would not accept him due to insurance issues.

He said he was aware that the matter has been discussed between the HSE and Ennis Town Council.

Counsel for Mr Sherlock, Pat Whyms BL, told the court on Monday that his client had discharged himself from the Mid-Western Regional Hospital, Limerick.

Judge Gerard Keyes said he was “very conscious” that Mr Sherlock was not present in court.

He said he was of the view that there would be “absolutely nothing to be gained by imposing a custodial sentence on this man.”

“The State has to provide facilities for this man,” he added.

Judge Keyes said he would be prepared to impose a suspended sentence on condition that Mr Sherlock “respect the facilities afforded to him without any interference or unacceptable behaviour.”

He said he hoped his comments would alleviate some of the concerns of accomdation providers.

The case was adjourned until yesterday (Monday). It was further adjourned until June.

CANCER patients in Clare who are attending Mid-Western Regional Hospital, Limerick, for chemotherapy treatment are being encouraged to avail of a free transport service provided by the Irish Cancer Society.

The national charity’s ‘Care to Drive’ is the second such organisation to provide this service in the county, as the West Clare Mini Marathon Centre has provided a free taxi service for cancer patients for 15 years.

The Kilkee-based organisation takes patients for treatment to Ennis, Limerick, Galway and Dublin, and also provides the service to patients requiring radiotherapy which can take up to 35 days over seven weeks.

From this week however the Irish Cancer Society will provide a volunteer transport service for patients requiring chemotherapy at the Mid Western Regional Hospital Limerick.

The society said from late autumn, it intendeds that Care to Drive will operate from Galway University Hospital and it is hoped that patients from North Clare could be also be brought to this cancer centre of excellence.

The Irish Cancer Society’s Care to Drive service offers patients transport from their front door to the door of the hospital and home again which will help to alleviate some of the stress or difficulty associated with getting to their appointments.

Care to Drive is a volunteer-delivered service where the Irish Cancer Society recruits and trains volunteers who give their time free of charge to drive patients to and from hospital. Cancer patients may need to use Care to Drive for a number of reasons: they may have been advised not to drive by their doctor due to the aggressive nature of treatment, the patient may have no family in the immediate vicinity or they may be unable to take time off work to transport them to the hospital.

The society currently has more than 27 drivers in Clare available for anyone travelling to Mid-Western Regional Hospital Limerick for cancer treatment. Last year, Care to Drive volunteers across the country brought 402 cancer patients on 6,392 journeys travelling 237,708km.

Any cancer patient who is interested in availing of the service should speak to the social worker in MidWestern Regional Hospital or talk to their oncology nurse when they are receiving treatment.

FIVE Clare restaurants have scooped majority of honorary awards at the Munster Regional Final at the Santa Rita / LIFE Magazine Irish Restaurant Awards, which took place in The Imperial Hotel in Cork on April 22.

Noel’s Restaurant, Bunratty, is now not only home to an award-winning seafood chowder, but it has the friendliest staff; after being awarded for Best Customer Service on the big night in Cork.

“It was a team effort,” began Noel Wallace, “everyone buys into the same plan and works together.

“We have a fabulous team here and we are absolutely delighted to receive the award, especially at a time where customer service is so highly valued.

“We had a great night and look forward to the All-Ireland event on June 10.”

Over 350 restaurant owners and staff celebrated their success and hard work at the awards and witness fellow restauranteurs accept the prestigious awards.

Other winners include JP Clarkes of Bunratty, awarded the title of Best Gastro Pub; The Wild Honey Inn in Liscannor, who received Best Restaurant; and the well-known Earl of Thomond in Dromoland, who accepted awards for Best Hotel Restaurant and Best Chef, David McCann.

L’Arco, an authentic Italian Restaurant located in the heart of Ballvaughan also received the award for Best Casual Dining for the second year in a row. Run by the Quinn family with Italian chefs from Sardinia, the aim is to offer an authentic and affordable Italian dining experience, suitable for families and diners seeking reasonable prices and in comfortable surroundings.

According to chief executive of the Restaurant Association of Ireland, “the awards cast a spotlight on the brightest and best players on the Irish restaurant scene.

“Restaurateurs are entrepreneurs, and that is reflected in the fact that the restaurant sector is the biggest employer within the hospitality industry. We provide employment to 64,000 people and the industry has annual sales in excess of € 2 billion; tonight, everyone is a winner.”

Nominations for the awards were made by members of the public online for the first time. All nominees were then assessed by regional judging panels, made up of industry experts across the region. Votes from the consumer, members of the Restaurants Association of Ireland and the regional judges are independently assessed by KPMG who give the County Winner in each category.

DUBLIN based company di rectors have purchased the landmark Bunratty public house and restaurant Dur ty Nelly’s for an estimated one thi rd of its premium 2008 value.

It has not been revealed how much new owners Martin Scully (50) of Merrion Row, Dublin, and his busi- ness associate Mary McCoy (43) of Dundrum paid for the business, but local property experts put it at between € 4 million and € 5 million.

Dur ty Nelly’s was previously purchased in 2008 by Ennis-based consortium Crystal Par tners, which was owned by businessmen Seanie Lyne and Noel Connellan.

It is believed that this consor tium paid more than € 12 million for the distinctive yellow building visible from the N18 dual carriageway.

Business par tners Mr Scully and Ms McCoy purchased the property last week from Bank of Scotland.

Reassurances have already been given that the 40 plus staff will be retained and it will be business as usual for the foreseeable future.

Minor changes to the interior work have been planned however.

Mr Scully, a director of 12 companies, said he and Ms McCoy were the “highest bidder” for the property, but its price remains “confidential”.

He confirmed however that they did not pay “anything near that” paid in 2008.

In the early 1980s previous owner Humphrey O’Connor bought the pub from Roger Por rit for £1 mil- lion.

The public house that dates back to a shebeen from 1620 is one of the most recognised in the country.

Although li ke most public houses business has suffered in the last number of years, it continues to attract tourists visiting the many attractions in Bunratty and the brand name Durty Nellies also car ries immense brand value.

THE Mol an Óige National School in Ennistymon is hoping to top the charts this summer with the release of a new single and music video aimed at making money to construct a school building.

Parents at the school have set themselves the ambitious challenge of raising the € 2 million needed to construct a new school in Ennistymon. The project has been given the green light by planners at the Department of Education but it could be years or even decades before official funding for the school is forthcoming.

Last month the school’s Parents Association decided to take on the ambitions challenge of raising the € 2 million themselves and have already raised € 4,000. They are hopeful that the song ‘Sroohil’, which was written and recorded by parent Fran Fray and a number of others, will help them in this effort.

The song is available for download on iTunes and Google Play and noted Ennistymon film and documentary maker Fergus Tighe, has also make a music video to go along with it.

“One of the parents, who is a song- writer, came up with an idea for a song. She came down to my house and sang it and then they recorded it at the Courthouse Gallery,” said Stuart Woolley of Mol An Óige.

“The song is totally about the school and the campaign. It is all about asking people to help and all about building the school. The school already has an anthem before it is built. We are hopeful that people will hear the song and think about the cause and building the new school.”

Anyone who wishes to purchase the single can locate it on iTunes or Google Play at a cost of € 2. A small number of physical copies are also being pressed. The campaign is the first time in Ireland that the construction of a large project such as a school has been attempted using online crowd-funding.

“The campaign is going along nicely so far. We got a few large donations in the early days but new seem to get a number of smaller donations every day – which is nice. The campaign has gone international to a certain extent, we have been getting a lot of people getting involved in France, Germany and Australia, as well as in America. Which is great,” continued Stuart.

CLARE County Council has one of the best employee attendance rates in the country, surpassed just marginally by Wicklow when it comes to certified leave and Cavan for uncertified leave.

The percentage of working days lost through uncertified sickness and absenteeism at Clare County Council is at a mere .35 per cent, while certified days lost through certified sickness and absenteeism is at 3.65 per cent.

Eddie Power from the local authorities Human Resource Department believes a newly implemented Attendance Management Policy is playing a significant role in maintaining high attendance levels among the 800 staff members.

“It manages the best possible way the attendance at work, and addresses any major underlining issue staff may have,” he said.

“If there is a pattern of absenteeism we have a policy of sitting down with the person,” he added.

The HR officer said that staff support is in place in the form of a “staff welfare officer” who speaks with people in confidence to discuss any issues they may be having.

Professional counsellors from outside the local authority service are also employed if required by staff members. This service is strictly confidential, he said.

In cases where people may be absent for just one day due to illness, they are also required to sit down with their line manager for a “brief chat”.

“I think the figures here are fairly representative and show a good performance,” said Mr Power.

“We do our best to manage it and give support where need and when required.”

The current Attendance Management Policy was introduced to Clare County Council in 2011.

PARANORMAL researchers have discovered more than 24 ‘spirits’ at one of Clare’s best know landmarks – the lighthouse in Loophead.

Anthony Kerigan of GhostÉire, a modern day ghost-buster service, said that during a two-day inspection of the 19th century lighthouse and the surrounding area, the researchers conducted several experiments at the World War two-lookout point behind the lighthouse, the lighthouse itself, the modern day keepers cottage and the reception cottage, which was the site of the old lighthouse in the 1600s.

And it seems the investigators were not alone during their work at the popular tourist attraction, as they reported that up to two dozen ‘spirits’ made contact with them.

The spirits were particularly active in the keeper’s cottage they maintained.

As part of the investigation the paranormal investigators placed audio equipment, which was turned off in the Lighthouse.

Mr Kerigan explained a Full Spectrum camera (all colours including ultra violet and infra-red visual) was also left switched off on a chessboard and a compass dial board in the re- ception cottage.

It was this reception cottage that provided a lot of paranormal activity and was the site of a séance carried out by the team.

“Loophead was a friendly ‘ultracommunicated state investigation’, over 24 ‘spirits’ were in contact with us. With this taking into account, it will take a couple of weeks to look back on our recordings to make a pattern of what was caught to comply with the lighthouses past,” said the founder of GhostEire.

“In no means did we feel frightened; maybe this was due to the lifestyle the keepers lived.”

Referring to the Taoiseach’s link to the lighthouse Mr Kerigan said, “Taoiseach Enda Kenny’s grandad, like so many that lived there were lifesavers. So at this moment in time ‘did we see Enda Kenny’s granddad?’; like a true politician I would have to say ‘no comment’.”

Rhiannon Cremins another of the investigators working in the lighthouse at the permission of Clare County Council and the Commissioners of Irish Lights said, “a feeling of being watched with curiosity complemented the inquisitive taste of the venture.”

It will be a number of weeks before a full report on the group’s findings will be available.