The Clare People Archive

A MAN who head-butted a garda after an all night drinking session has been ordered to carry out 100 hours of community service.

Ennis Garda Colin Egan sustained a chipped tooth after he was assaulted by John Nihill (25) at the Hawthorns Estate at 9am on New Year’s Day.

Mr Nihill, with an address at 25 the Hawthorns, Limerick Road, Ennis pleaded guilty at Ennis District Court on Wednesday to assault causing harm.

He also pleaded guilty to a charge of unlawful possession of cannabis.

Inspector John Galvin told the court that gardai were called to a disturbance at the house on the morning of New Year’s Day.

He said Mr Nihill was very aggressive and appeared to be under the influence of an intoxicant.

Insp Galvin said the accused jabbed his finger at Garda Egan, telling him, “I’ll do you if you come out from behind that uniform.”

Mr Nihill was arrested. As he was being led away from the house, the court heard, Mr Nihill lunged forward and head butted Garda Egan in the face.

Gardaí used pepper spray to restrain Mr Nihill.

Insp Galvin said Garda Egan suffered a chipped tooth but was back to work within a day or two of the incident.

Gardaí searched the house and found cannabis valued at € 40, that Mr Nihill said belonged to him.

Defence solicitor John Casey said his client had been drinking since 6pm on New Years Eve and had stayed up all night playing poker with friends.

An ambulance attended the house after Mr Nihill’s partner injured her foot in a fall, the court heard.

Mr Casey said his client, a father of one, became agitated when gardaí arrived at the house.

He said Mr Nihill has “no recollec tion” of the incident.

Mr Casey continued, “He normally has the demeanor of an extremely quite person…He aplogises fully and frankly for his behaviour on that morning. He has no explanation for it.”

Mr Nihill hasn’t drunk alcohol since the incident, the court heard.

Judge Patrick Durcan said gardaí had been subject to Mr Nihill’s intimidatory nature on the night.

He said he was of the view that the accused should receive a prison sentence. Judge Durcan adjourned the case for a brief period to consider sentence.

When the case resumed, Judge Durcan said he had considered the matter. He said freedom was the most important right a person has.

He said he has “no time whatsoever” for people who treat gardaí with disdain and who assault and injure gardaí.

Judge Durcan imposed a 100-hour community service order in lieu of three months in prison.

He adjourned sentencing on the drugs charge for a year. He told Mr Nihill to co-operate fully with the Probation Services.

Judge Durcan added, “In my view what you did on that night was very wrong.”

BOOKS of Evidence have been served on two men alleged to have damaged a family home in Ennis last year.

Michael Molloy (20) and Patrick McCarthy (19) are both charged with committing criminal damage at Westbourne Court, Watery Road, Ennis on October 28.

It is alleged that both accused did without lawful excuse damage two car windows, two glass door panels and a 51” flat screen TV and glass stand intending to damage such property or being reckless as to whether such property would be damaged.

Both men appeared at Ennis District Court on Wednesday.

Mr Molloy has an address at 2 Ballymaley Halting Site, Ennis.

Mr McCarthy has addresses at 2 Ballaghboy, Quin Road, Ennis.

The court heard Mr McCarthy has a new address at An Páirc Bruach na Abhainn, Ennis.

Garda Irene O’Flynn of Ennis Garda Station gave evidence of serving the books of evidence on solicitors for each accused.

Inspector John Galvin said the Director of Public Prosecutions (DPP) had consented to both men being returned for trial to the next sittings of Ennis Circuit Criminal Court.

Legal aid was approved for Tara Godfrey, solicitor for Mr McCarthy and one Junior Counsel.

Legal aid was approved for Daragh Hassett, solicitor for Mr Molloy, and one Junior Counsel.

Judge Patrick Durcan delivered the alibi warning.

Both accused were remanded on continuing bail. THREE men charged in connection with disturbances that allegedly occurred at a wedding in Ennis last year have had their cases adjourned for a month. Three men – Jimmy Doherty (39), John Doherty (47) and Simon Doherty (41) – have been charged with offences arising out of an incident that occurred 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, are both charged with the assault of John McDonagh.

They are 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, is charged with engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace. John Doherty is also charged with assault causing harm to John McDonagh.

In February the court was told that the alleged incident occurred during a wedding ceremony. Judge Durcan declined jurisdiction, saying the nature of the alleged injuries and the allegation that a religious service was disrupted were seriously aggravating factors. The case was to be referred back to the Director of Public Prosecutions (DPP). On Wednesday, Inspector John Galvin told the court that more time was required for DPP’s directions. He requested the cases be adjourned until April 24. Defence solicitor John Casey consented to the adjournment. The men were remanded on continuing bail to appear again in court on April 24.

AN ENNIS man verbally abused staff in a Chinese take away in a row over barbecue sauce, a court has heard.

John Mongan (34) also told gardaí to “fuck off” after they were called to the incident on the Mill Road, Ennis on February 16 (2013).

At Ennis District Court on Wednesday, he pleaded guilty to charges of intoxication and engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace.

Solicitor John Casey told the court that his client was drunk on the night and the row started after Mr Mongan received the wrong food order.

Judge Patrick Durcan asked what the accused had ordered on the night.

Mr Mongan said he ordered barbecue spare ribs but had not received any barbecue sauce.

Mr Casey said, “He’s not impressed with his behaviour and he accepts he was one hundred per cent wrong.”

Laughter could be heard around the courtroom during the brief court hearing.

Mr Mongan, with an address at 71 Glenina, Ennis, apologised in court for his behaviour on the night.

He said, “I’m very sorry your honor, to the gardaí and the Chinese restaurant.”

Mr Casey said his client’s behaviour was inexcusable.

He added, “He does view this seriously and he is concerned by this.”

The court heard the father of four has a previous conviction for a public order offence.

Judge Durcan said, “I regard this as a serious matter because of the previ- ous conviction.”

He said fast food operators provide a good service.

He said it is not acceptable that people abuse members of the gardaí.

Judge Durcan imposed a twomonth prison sentence, suspending it on condition that Mr Mongan be of good behaviour and law abiding.

Judge Durcan warned Mr Mongan that he would have to control his drinking.

He added, “If you come back here and you are convicted of a public order offence, you will be leaving in the first Paddy wagon I can find.”

THE economic recession is hitting Lahinch Golf Club, with the annual accounts for 2012 showing that the county’s flagship course has been hit by a loss of 500 fee-paying members in the last three years.

It was revealed on Friday last that a drop in new membership numbers in the past year has contributed to a financial slide of a 46 per cent decline in profits for 2012.

The figures are contained in the latest annual report showing that the club, which celebrates its 125th anniversary in 2017, saw profits drop by € 248,084 from € 540,231 in 2011 to € 291,947 last year.

Plummeting revenues from entrance fee levies on new members is the main factor behind this drop in profits, with the figures for 2012 drop- ping by 94 per cent from € 262,999 in 2011 to just € 15,000 last year.

This rate of loss has also been magnified by over the past three years the Lahinch has lost 500 fee-paying members, a statistic that was revealed by club captain Ray Hennessy in the report to the annual general meeting that took place on Friday last.

In 2012 membership dropped by 87 from 2,772 to 2,685, a figure that follows on from the loss of 75 members in 2011, a year in which an additional 98 members were granted leave of absences from the club, although many are expected to rejoin.

In a response to tackle the dropoff in membership, the club last year slashed entrance fees for new members from € 25,000 to € 10,000 and also proposed a new intermediate category of membership.

However, the financial figures also show that the drop in membership monies have been offset in part by a seven percent increase in green fee income in 2012 to € 1.13m.

A collapse in green fee traffic post2008 saw a decline of 45 per cent in revenues from the € 1.87m that was garnered in 2007.

This drop saw the club record a combined operating loss of € 1m in 2008 and 2009.

However, a restructuring at the club that plays host to the prestigious South of Ireland Amateur Championship every year saw it return to profit in 2011 when an operating surplus of € 97,626 was recorded.

SIX cars have been burned out on Clare County Council property in North Clare in recent weeks – while an attempt has also been reported made to set fire to a house in one of the traveller accommodation units in Ennistymon.

Lahinch based councillor Bill Slattery (FG) said that the situation at some of the councils traveller accommodations units in Ennistymon was become dangerous.

“I think the next thing that will happen is that a house will go up in flames. It has been tried before [in Ennistymon], or so I have been told. We will have another situation like the Ashline situation in Ennis,” said Cllr Slattery.

“A third car was burned out outside one halting site over the weekend, that makes six cars burned out between the Deerpark and the Kilfenora Road site in recent times.”

Speaking at yesterday’s North Clare Area meeting of Clare County Council, Cllr Joe Arkins (FG), said:

“There may have been six cars recently but the real number is probably closer to 66.

“The only way to solve this type of situation is to attach fines to social welfare payments.

“These people are fined but they can’t pay the fine – they go down to prison, say hello to the guard on the way in and wave goodbye to him on the way out,” he said.

“But if they have to pay for their actions out of their social welfare payments, it won’t be long before they realise that they can’t keep doing what they are doing.”

RURAL roads in Clare are in danger of being littered with potholes in what will be the biggest crisis to affect the network around the county in over 30 years, Clare County Council has been warned this week.

A cash-crisis with rural roads has been sounded out following the revelation that the 2013 roadworks programme for the county has been slashed by 42.4 per cent over the past five years.

County Engineer Tom Tiernan outlined the scale of the roads budget reduction across a host of areas in the Roadworks Programme 2013 secured by The Clare People. In the report he has issued a stark warning that “the resources being made available to facilitate maintenance and restoration are falling significantly short of what is required to sustain the county’s network”.

For 2013, € 17.9m has been allocated for road infrastructure in the county – a drop of over € 13m from the figure of € 31.1m in 2008. The biggest decreases are set to be felt in rural roads: down 36.8 percent for restoration improvement; down 40 per cent in the Surface Dressing Programme; down 72 per cent for Specific Improvement Schemes and Overlay Projects down 69.1 per cent.

These figures, which were laid before the monthly meeting of Clare County Council on Friday, has led a number of councillors to voice their concerns about the county’s road network.

“Rural roads are in a horrendous state and roads in the county are crumbling away,” claimed Cllr Cathal Crowe (FF) as he blasted the decision to spend € 1.3m of the council’s resources on the Limerick North Distributor Road, a project he said “that is very fictional and is pie in the sky and one that isn’t happening”.

“The alarm bells are out there – there has to be a readjustment of thinking within this council in relation to investment in county road structures going forward. People in rural Clare deserve a service and their road network has to be protected for many reasons,” said former Mayor of Clare, Cllr Christy Curtin (Ind)

“As far as I’m concerned, for us in rural areas, roads are back on the agenda. In my tenure (since 1979) on the council I’ve never had as many complaints about potholes. As far as I’m concerned we have to address it, we haven’t the manpower at present to do that,” he added.

A decision on whether to adopt the roadworks programme has been deferred until the April meeting of the council.

CLARE County Council have declined to conduct an audit of “black spots” in North Clare where illegal parking and encampments are endemic during the summer months.

According to councillors at yesterday’s North Clare Area Meeting of Clare County Council, antisocial behaviour is becoming a serious problem at certain illegal camping site in the Burren area – with the meeting told of a doorway of one home in the Tubber area being used as a toilet by illegal campers.

This follows a joint motion by Joe Arkins (FG) and Michael Kelly (FF), seeking that staking to protect black spot areas from illegal campers this summer.

“These people just want to flout the law. Many of these people are in rented property paid for my rent allowance, they have no need to be homeless, they decide to take to the roads for the summer months,” said Cllr Arkins.

“I think we need to look at possible areas that lend themselves to overnight camping and illegal encamp- ments.

“I think, rather than going to court to move people along, that we should where possible come up with an engineering solution to insure that this problem does not occur in the first place.

“I think an audit should be done – we can no longer have two fingers held up to us.”

Cllr Michael Kelly also called for the National Roads Authority (NRA) to improve the fencing on excess land beside the Gort/Crusheen bypass.

“I think the legislation is far too week.

“We should be getting legislation to insure that this sort of think does not happen,” he said.

“We need the NRA to come up to their responsibility and insure that these areas are fenced off properly.

“I know of a situation of people who were parked in front of our local hurling field [in Tubber] and a person camped illegally walked down into the front of a house of a local woman and he urinated right in on top of the door.”

Responding to the motion, Senior Council Engineer Tom Tiernan, said that discouraging illegal camping on one area will increase it in others.

“There are many areas throughout North Clare which, theoretically, could accommodate authorised parking and encampments and therefore, to ensure that adequate provision is made to prevent authorised overnight encampment would involve considerable expenses and allocation of resources that haven’t been provided for,” he said.

“To cater for some of these areas would result in an increase of vulnerability in respect of areas that may now be regarded as least vulnerable.”

THE issue at the centre of the question over shadowed by allegations of corruption at this month’s adjourned meeting of the county council seemed to centre on a change in method of hiring local authority contractors.

In the public gallery were council workers frustrated at a new IT system that calculated tenders on a point system.

In his motion Cllr Gerry Flynn (Ind) asked the County Manager to provide comprehensive information concerning contractors employed by Clare County Council.

He specifically asked for a list of any of the council staff, elected mem- bers or members of their immediate family, provide goods or services either directly or indirectly to Clare County Council “in the interests of accountability and transparency in Local Government.”

The Shannon Councillor also inquired if contractors were compliant with working conditions set out by the Local Government Advisory Board such as rates of pay, pension fund, sick fund, and revenue.

He also asked for the terms of reference governing senior engineers granting contracts and if the council supplied a list of successful contractors to the trade unions.

Speaking on behalf of the council executive, Senior Executive Officer Corporate Services Michael McNa- mara said the council was not aware of any Contractor or Sub-Contractor that was incompliant with the various statutory requirements.

He also assured the councillor that a list of all successful contractors is forwarded to the unions.

“The Council’s purchasing procedures sets out levels of expenditure which staff at various levels have authority to approve subject to availability of budget.

“It is the responsibility of each approver to ensure compliance with the various statutory requirements,” he continued.

Furthermore Part 15 of the Local Government Act 2001 provides for an Ethical Framework for the Local Government Service ensure that up to 137 employees and elected members complete a declaration of occupation, land ownership, shares, directorships annually and these are available for inspection.

Cllr Oliver Garry (FG) said that in his experience the tendering landscape has changed significantly in the last five years.

“I am a director of a company but I want to make it clear we do not tender for Clare County Council contracts.

“We do tender for other public contracts but not Clare County Council,” he said.

“Anything we tender for now is 100 per cent on price. Once it was on experience, or equipment or the engineer may even have had a say, but now the only concern is price.”

ALLEGATIONS of council corruption led to an hour-long debate, that went round in circles in the council chamber on Friday evening last, and eventually ended up back where it started, albeit with a happier council membership and executive.

Elaborating on his questions into council contractors, how the contracts are awarded and if the contractors are compliant with employment law, Cllr Gerry Flynn (Ind) quoted a paper “Political Corruption is not just about Brown Envelopes” and presented by Frank Flannery at the MacGill Summer School in Donegal last year.

“Among the public there is a belief that corrupt practices are endemic in political life,” said the councillor.

County Manager Tom Coughlan was quick to raise concerns about any accusations of corruption that may be contained in quoting an article that specifically referred to political corruption.

“Are you alleging corrupt practices yes or no please?” he asked the Shannon Councillor.

Cllr Flynn said he was merely quoting from Frank Flannery, adding he carefully worded his motion with council workers and union representatives.

The county manager said that none of the issues had been brought to his attention when he met with the union just “a couple of weeks ago”.

“The chamber is not the place for these issues to be raised,” he added.

In reference to a query as to whether council staff, elected members or members of their immediate family, provide goods or services either directly or indirectly to Clare County Council the manager replied;

“It is a small county. A lot of people are related to a lot of people.

“You cannot expect me to carry out a witch hunt,” adding there was a contingency in place that put the onus on the contractor, employee or council members to reveal any such information.

“If any councillor considers there are any corrupt practices in this council let me know,” he said.

“You may not be aware but your members are aware that not all contractors are compliant,” said Cllr Flynn.

“You say you are aware. Will you give me that information?

“I don’t see how I can do something if I am not given the facts,” replied the county manager.

Cllr Cathal Crowe (FF) told the chamber the issue could not be disbanded with until Cllr Flynn made it clear who he was accusing of corruption, stating a grey cloud now hung over the council.

Different members of the council called on the controversial Shannon councillor to make clear his accusation.

In an attempt to bring an end to the debate, Mayor Cllr Pat Daly (FF) “I do not think anyone is corrupt”, to which Cllr Flynn said “I didn’t say the manager or the executive was corrupt.”

“We take it from that it was the councillors that are corrupt,” said Cllr Patricia McCarthy (Ind).

“She’ll know next year when the elections are on I’ll give her a chance to come back,” retorted Cllr Flynn.

“I am the only female member here to say her is to suggest he is referring to me,” she replied angered.

“Are you corrupt?” said Cllr Flynn.

“Take that back,” Cllr McCarthy replied.

“Not for one minute did I state Cllr McCarthy or the manager is corrupt,” he conceded.

The manager then noted there were now not allegations of corruption at executive level.

Councillors then called on Cllr Flynn to name who he considered corrupt.

“Don’t start the innuendo and walk away from it and leave the mud on the rest of us,” said Cllr Joe Arkins (FG).

Eventually Cllr Flynn conceded somewhat – “not once did I say the council elected members or executive are corrupt. I was speaking in terms of speech from MacGill Summer School.”

This was enough for the council and we all got to go on with our lives – one hour later.

SOME teenagers in Ennis are being forced to commit crimes to pay off debts to a ‘Fagin’ type figure in the town.

The man was referred to during a sitting of Ennis District Court on Friday where a 17-year-old boy pleaded guilty to charges of burglary, trespass and the unauthorised taking of a vehicle.

His solicitor, John Casey, said there had been an element of force attached to the crimes.

He explained that a situation might arise whereby the man would offer to lend a young person money.

Mr Casey said, “You might never pay this back but he might say to you to do this or do that.”

“A vulnerable young man like this can never get out of it. His mother is genuinely disturbed by all of this.” he added.

The man, whom the court heard is known to gardaí, was compared at a previous court sitting to ‘Fagin’, the criminal mastermind from Charles Dickens’ Oliver Twist.

The court heard that the boy has now moved out of Ennis to a rural part of West Clare.

He has also removed the SIM card from his mobile phone so he could not be contacted by people in Ennis.

Addressing the court the teenager said; “Since I left the court the last day, I’ve done everything the court asked me to do.” Judge Patrick Durcan adjourned the case until May. SEPARATELY a different 17-yearold boy has pleaded guilty to multiple charges of theft and burglary at premises in Ennis and Kilfenora.

At Ennis District Court on Friday the boy pleaded guilty to handling a stolen Samsung Galaxy phone on Newbridge Road on October 31; handling a stolen Samsung phone in Considine’s Road, Cloughleigh, Ennis on January 20 (2013).

He also pleaded guilty to stealing a mobile phone on Watery Road, Ennis on February 4; theft of a black Apple iPod from Old Gort Road on February 8 and stealing a Nintendo DS and camcorder from Hermitage, Ennis on dates unknown between December 30 and 31.

He also pleaded guilty to entering Ennis Rugby Club as trespasser to commit the theft of a 32 inch television on dates unknown between December 1 and 25.

Also listed was theft of a Playsta- tion at Doctor’s Hill, Kilfenora on dates unknown between December 25 and 27; entering 66 Westwood, Ennis as a trespasser to commit the theft of jewelry worth € 300 and a mobile phone on dates unknown between December 25 and 26; entering 8 Showgrounds View, Ennis, as a trespasser to commit theft of a Samsung TV, laptop computer and Playstation on dates unknown between December 26 and 27.

Judge Patrick Durcan said he was very concerned about the teenager. He sought a pre-sentence report from the Probation Services. The case was adjourned until April 17.