The Clare People Archive

A DUBLIN man who demanded money from a pregnant woman during a shop robbery in Ennis last January has been sentenced to 16 months in prison.

Joshua Brophy (23) had consumed cocaine and alcohol prior to stealing € 325 from Liddy’s Costcutter, Mill Road, Ennis, on January 12 (2012).

Mr Brophy, with an address at Flat 1397, South Circular Road, Rialto, Dublin, was sentenced at a sitting of Ennis Circuit Criminal Court on Friday.

The court heard the heavily pregnant woman believed the man used a knife like instrument when he de- manded the money from her.

No weapon was recovered and CCTV footage indicated that the man did not know the woman was pregnant, the court heard.

Judge Gerard Keyes said the incident had a traumatic effect on the woman who he said was extremely anxious for the welfare of her unborn child.

“This was a serious offence and one that had a very traumatic effect on the victim,” he added.

Judge Keyes said Mr Brophy had been under the influence of drugs and alcohol having partied all night in Ennis.

He said cocaine had given the accused the “courage” to commit the offence.

Mr Brophy has 86 previous convictions, the court heard.

Judge Keyes said he had been told that Mr Brophy had incurred a drug debt of € 36,000 at the time of the robbery.

He said the accused had offered his apologies to the victim.

The court heard Mr Brophy comes from a difficult family background. He had been homeless for a period as a teenager and become addicted to heroin aged 15.

Mr Brophy is currently clean of all substances and has requested a place in the Cuan Mhuire residential treatment centre.

Judge Keyes said he had been told the accused is very anxious to remain drug free and is eager to rehabilitate himself.

A letter of support from homeless campaigner, Fr Peter McVerry was handed into court.

Judge Keyes said he wanted treatment to be an aspect of the sentence imposed on Mr Brophy but that there are a lack of residential treatment places available.

He added, “Fr McVerry is doing what the State should be doing and that is what concerns me.”

Mr Brophy was sentenced to three years in prison, with the final 14 months suspended.

The sentence was backdated to February 5. A direction was also issued for Mr Brophy to come under the care of the Probation Services on release. T W O MEN charged with smashing up a van in an Ennis estate last year have had their cases adjourned until April. Dylan Dinan (20), with an address at 6Water Park Court, Ennis and MartinWard (25), with an address at 17 Main Street, Gort are charged with the criminal damage of the windscreen and bodywork of a van at Maiville, Ennis on October 11 (2012). Inspector TomKennedy told Ennis District Court onWednesday that the Director of Public Prosecutions (DPP) had directed summary disposal of the case. He said it would be alleged that the accused went to Maiville at around 8.30pmand damaged the van belonging to a woman with a baseball bat. He said the cost of the damage has been estimated at €4767. Judge Patrick Durcan accepted jurisdiction. Solicitor for Mr Dinan,Tara Godfrey, said she would be seeking disclosure fromthe State. Mr Ward was not present in court for proceedings. His solicitor, Daragh Hassett, told the court that his client had been advised by gardaí not to come to court because of the presence of certain individuals. Both men were remanded on bail to appear again at Ennis District Court on April 3. A MA N has appeared in court charged in connection with a public order incident on the Kilrush Road in Ennis last month. Anthony McDonagh (26) is charged with engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace at Maiville, Kilrush Road Ennis on February 28 (2013). Mr McDonagh, with an address at 37 Maiville, Kilrush Road, Ennis is also facing a charge of being intoxicated in a public place. Inspector TomKennedy said the matter is to be referred to the Director of Public Prosecutions (DPP). Solicitor Tara Godfrey requested that the case be adjourned to April 10. Legal aid was approved for Ms Godfrey. A MA N allegedly found in possession of cannabis and ecstasy at an Ennis address has appeared in court. Sean Slattery (23), with an address at 39 Park Avenue, Clon Road, appeared at Ennis District Court onWednesday. He is charged with the unlawful possession of ecstasy and cannabis herb at 39 Park Avenue, Clon Road on February 17 (2013). He is further charged with having cannabis for sale or supply at the same location and same date. Inspector TomKennedy said the Director of Public Prosecutions (DPP) had yet to issue directions in the case. He requested a two-week adjournment. Defence Solicitor Daragh Hassett consented to the adjournment on behalf of his client.The case was adjourned until March 13. T W O MEN

A TATTOO artist has received a six month suspended sentence for his role in an incident that saw a car set ablaze outside an unoccupied house in Ennis three years ago.

Siegfried Avenstrup (23) acted as lookout when the grey Suzuki car was damaged by fire at 6 St Anne’s Terrace, Clon Road, Ennis on December 9, 2009.

Mr Avenstrup, with former addresses at Lios an Cnoic, Barnaderg, Tuam, Galway and Laurel Lodge, Ennis, pleaded guilty last month to a charge of criminal damage.

A jury last month unanimously found Mr Avenstrup not guilty of a charge of damaging the house by arson.

He was one of three people who were on the premises when the incident occurred.

Garda Emmet Roche of Ennis Garda Station told the court that Mr Avenstrup and two others had come to the house with the intention of stealing the car.

When they discovered the car was incapable of being stolen, the court heard, a decision was made to set the car on fire.

There was no engine in the car, which was valued at € 500.

The court heard that Mr Avenstrup was part of the decision to set the car on fire.

The court heard that the car had been parked at the house to give the impression the premises was occupied as homeless people had been entering the house.

Garda Roche said the accused was subsequently arrested and made full admissions.

The court heard Mr Avesntrup is originally from South Africa and had lived in Sixmilebridge. He is currently leasing a tattoo parlour.

Counsel for Mr Avesntrup, Pat Whyms BL, said his client had not wanted any part in stealing the car.

He said his client acted as lookout while other people set fire to the car.

Mr Whyms said his client “strongly apologises” to the owner of the car that was damaged.

He added, “He greatly regrets his involvement in this activity on that night.”

Judge Gerard Keyes said Mr Avenstrup had shown a “complete lack of respect” to the owner’s property.

Judge Keyes said that while the accused was not involved in the burning of the car, he participated in an important aspect of the offence, that of lookout.

He said the law regards a person who acts as lookout to be as important as the person who burns the property.

He imposed a six-month sentence, suspending it for one year.

Mr Avenstrup was also ordered by the judge to pay compensation of € 200 to the car owner within six months.

FOUR people have been returned for trial for their alleged involvement in a public order disturbance at a roundabout in Ennis last year.

At Ennis District court on Wednesday, Books of Evidence were served on Bernard McDonagh Snr (45) Christopher McDonagh (38), Bernard McDonagh Jnr (22) and a 16year-old boy.

The four are facing charges arising out of an incident at the Maid of Erin Roundabout, Ennis on October 14 (2012).

Bernard McDonagh Jnr (22), with an address at 1 Ashline, Kilrush Road, Ennis is charged with possession of an article with intent to cause injury and the production of an article in the course of a dispute.

The teenager, who cannot be named for legal reasons, is charged with possession of a hatchet with intent to cause injuries to John Doherty, Martin Doherty and Jimmy Doherty. He is also charged with the production of a hatchet.

Christopher McDonagh, with an address at 1 Davitt Terrace, Cloughleigh, Ennis and Childers Road, Ennis, is charged with production of an iron bar and possession of an iron bar with intent to cause injury to John Doherty, Martin Doherty and Jimmy Doherty.

All three accused are also facing a charge of violent disorder arising out of the same incident.

Inspector Tom Kennedy told the court that the State were seeking an amendment to the wording of the charge of violent disorder against all three accused.

Insp Kennedy said the State wanted to replace the names of individuals contained in the charges with the phrase, “two or more persons.”

Solicitor for Bernie McDonagh Jnr and the teenager, Daragh Hassett, consented to the change.

Solicitor for Christopher McDonagh, Tara Godfrey, said she had been instructed to object to the amendment. She said the amended charge represented a “fundamental change in the allegation” against her client.

Insp Kennedy disagreed, saying it did not alter the substantive matter of the violent disorder charge.

Judge Patrick Durcan said he agreed with Insp Kennedy. He approved the amendment.

Garda Irene O’Flynn gave evidence of having served the Books of Evidence on all three accused.

Curfew for Bernie McDonagh Jnr was extended to 11pm. Legal aid was approved for solicitor Shiofra Hassett and one junior counsel.

In respect of the teenager, legal aid was approved for solicitor Joseph Considine and one junior counsel.

Legal aid was approved for Ms Godfrey and one junior counsel in respect of Christopher McDonagh.

The Book of Evidence was also served on Bernie McDonagh Snr.

Mr McDonagh, with an address at 1 Ashline, Kilrush Road, Ennis is charged with the assault of John Doherty.

He also faces three charges of criminal damage and one charge of dangerous driving.

It is further alleged that Bernard McDonagh Snr drove a vehicle in a dangerous and reckless manner, which created substantial risk of death or serious harm to another.

Bail was approved for Mr McDonagh on condition that he reside at Nashes Boreen, Cork City and report daily to a garda station.

Legal aid was approved for Daragh Hassett and one junior counsel.

All four accused were returned for trial to the current sittings of Ennis Circuit Criminal Court.

A MOVE towards group transport for disabled people in County Clare may prove uneconomical in the future – as it would prevent disabled people from accessing employment and becoming tax-payers themselves.

That is is the opinion of a number of disabled Clare people who have been able to find work after accessing the Mobility Allowance and Motorised Transport Grant.

One such person, Declan Considine from Kilmihil, believes he would never have been able to gain employment without the motorised Transport Grant.

“I did a course with NUI, Galway, and from that course I received a placement in the Civil Service. That placement was down in Clonakilty in Cork.

“I used the Motorised Transport Grant to help me to buy a car that would allow me to go to work every day. If there was no grant, there would have been no job for me,” he said.

“For the majority of people with disabilities, social welfare or a FÁS scheme is their only way of surviving.

“It would be virtually impossible for someone to purchase a car to get to education or work if it wasn’t for the help of this scheme. And without a car there is no chance of mov- ing on.”

Clare woman Anne Dunne says that group transport schemes – such as the one operated by the Disabled People of Clare (DPOC) – are not a sufficient solution to allow disabled people to live independent lives.

“Independence is a key issue for a person who is disabled. I had to go to the hospital last week. I booked transport with Disabled People of Clare (DPOC), who do a great job, two week ahead of time and they came back and asked me could I share a bus into Limerick that morning.

“The other person’s appointment was at a totally different time to mine – so what happens is that we are both in the hospital all day long, waiting hours for each other,” she said.

North Clare woman Anne Marie Flanaghan, says she would never have been able to find employment if it has not be for the schemes.

“I used to get the Mobility Grant and the Motorised Transport Grant and that helped me to get my first car.

“If it wasn’t for these grants I could not have gone to college and I wouldn’t have been able to get a job.

“Because I got this grant. I am independent today; I am working and paying taxes. I am now in a situation that I don’t need or qualify for the grant anymore and that is how it should be.”

DISABLED groups in Clare looks set to come out fighting against government plans to remove the Mobility Allowance and Motorised Transport Grant.

The cut, which is set to come into place in four months, looks likely to bring disable people out in the street protesting in ways that have not before been seen.

According to Ennis man Dermot Hayes, now that disabled people have had a taste of independence, they are not willing to give it up.

“The money involved in this is very small. It is a direct payment to the individuals that aids that person to get out and about and live an independent life. We have been working to tear down the walls of disabilities institutions for decades and it has been a long time coming. Now that we have received a level of independence we are not prepared to give that away,” he said.

“It can be very disillusioning [being trapped at home]. You start to wonder ‘is this what life is all about’. Having a small grant which ensures that you can get out every once and awhile is huge for a disabled person. It is the whole world.”

According to East Clare man and the former National Vice President of the Centre for Independent Living, Tom King, disabled people are ready for this fight.

“There is an appetite on the ground to fight this. People with disabilities are feeling the recession as much as everyone else. We don’t have the money in our pockets to cover this and we are ready to fight for this,” he said.

“They [the HSE] are talking about putting some of the money into organised transport. That is going to make an institution of transport, and we will be back to a situation where everyone who has a disability is on one bus together travelling together at time that doesn’t suit. It takes away the possibility of employment and a social life but the main thing that it takes way is independence. This is going to leave disable people isolated, in their homes, alone.”

The Disabled People of Clare (DPOC) organisation has asked for the Department of Health to shelve plans to cut the scheme until a better solution can be worked out.

“Any confidence that individuals and the families of those with a disability had in the department of health, nationally, is being undermined as a direct result of a number of recent issues,” said Margaret Kinnane of DPOC.

“We ask that the Government leave in place the current Mobility Allowance and Motorised Transport Grants, until they have entered into talks with disability organisations, representing the individual with a disability, such as the DPOC,” she said.

A VISUALLY-IMPAIRED Ennisman is terrified that he will effectively be a prisoner in his own home in four months time, as he faces the loss of his Mobility Allowance.

Thomas Connole believes that the loss of this monthly grant that allows him limited independence and dignity is very likely, as the Government has failed to guarantee an alternative fund.

The 45-year-old depends on the funding system to provide for taxi trips so that he can attend social outings and be free to leave and return from his own home at will.

There is not sufficient public transport to meet with Mr Connole’s needs, and as he is blind, driving is not an option. This grant provides for his only form of transport, and now he fears it will be taken from him, and more people in the county who are highly dependent on it.

“If this goes it means I cannot get out,” he said.

Mr Connole is supported by a personal assistance for a few hours every day, but as he pointed out they are not always available.

He then uses his mobility allowance to attend his horse ridding classes or to socialise.

“I am a huge music fan and there are a lot of dances at a local hotel and I like to go there,” he said.

“This allowance will go, and I am worried I am going to be housebound. I will effectively be trapped in my own home. I also fear I will have to stop horse ridding if it is taken away.”

The music enthusiast is most fearful of the isolation of being restricted to his own home, an isolation that could impact on the mental well being of many people reliant on the payment for their independence.

“That is what the Government don’t think of. They think of the overall picture and not of how it impacts on those involved. There are talks that they are going to give the money to organisations and that won’t work for the individual. No one person has the same needs, or have the same appointments,” he said anxiously.

The Mobility Allowance was a means-tested monthly payment payable by the Health Service Executive (HSE) to people aged between 16 and 66 years who have a disability and are unable to walk or use pub- lic transport and who would benefit from a change in surroundings.

The Ombudsman Emily O’Reilly repeatedly warned the Government that by putting an age limit on the scheme it was in contravention of equality legislation.

Last week the Department of Health axed this payment and the Motorised Transport Grant stating the two schemes would be a burden on the exchequer if they were to operate in accordance with Equal Status Acts. The Government has failed to guarantee that an alternate fund- ing stream will be in place for people with disability next July, when payments of existing mobility support ceases.

The Department of Health has set up a review of the schemes, with the review group instructed that any solution to the mobility needs of those affected must be devised within a funding limit of € 10.6m.

The Minister for Health James Reilly maintains that extending the schemes along with Ms O’Reilly’s recommendations would cost approximately € 170m per annum.

Dermot Hayes, Disable People of Clare, criticised the Government as they had been aware of the Ombudsman’s concerns about this payment for a long time, but failed to act or put an alternative in place before axing the current payments.

“This is a huge cop out. They can sort the banks with an overnight sitting of the Dáil. I cannot understand why they cannot change this quickly,” he said.

AS MANY as 1,000 jobs could be created in the North Clare/South Galway areas in the coming years, following news that Government funding has been secured to extend the M18 from Gort to Galway City.

A total of € 20 million has been secured for the project, with the National Roads Authority (NRA) now set to re-enter negotiations with the preferred private sector bidders.

There will be no tolls on the new motorway, with the Government instead paying the operators a set amount each year.

The entire project is expected to cost in the region of € 400 million over a period of approximately 30 years.

Besides creating construction jobs in the area, this news has also been welcomed by the Shannon Airport Authority (SAA) who believe that a finished M18 could have major repercussions for the airport.

The Director of Shannon Airport, Mary Considine, said that the confir- mation that Government funding is now committed to the project means that negotiations with a view to commencing the works can get underway with the private investors who successfully tendered for the project initially.

“The confirmation that the Government seed funding is now available is hugely welcome and our hope is, of course, that the private investor commitment will follow and pave the way for this project to commence without delay,” she said.

“Shannon is the only airport on the entire western seaboard with transatlantic services and connectivity into one of the five major European hubs. This is a unique strength on top of the services we have elsewhere into UK and Europe.

“The extension of the motorway would make the airport and these services far more accessible to passengers into the wider west of Ireland region, offering passengers much greater choice to this catchment and amounting to a significant opportunity for Shannon to grow its passenger numbers in the process.”

CLARE people commuting by train to and from Galway will be able to purchase tickets online before the end of April.

The lack of an online booking option has been identified as one of the main reasons why the numbers using the service have not met expectations since the Ennis to Athenry section of the Western Rail Corridor was reopened in 2009.

There was more good news for the service as new figures reveal that passenger numbers on the route jumped by almost 5 per cent in 2011. The total number using the rail service between Galway and Limerick rose from 224,166 to 235,555 in 2012.

Figures provided by Irish Rail for the Ennis to Athenry section of the track showed that just 34,235 used the midsection service in 2012.

This figure is a slight reduction on 2011 with the growth in passenger numbers being largely driven by passengers travelling from Ennis to Limerick and from Athenry to Galway.

A spokesperson for Irish Rail acknowledged that the majority of the growth in 2012 was generated in commuter journeys between Ennis and Limerick and Athenry and Galway, but insisted that the midsection of the track will be strengthened by the advent of online booking.

“We have been working ourselves and with stakeholders to grow demand on the route, and undertook a number of initiatives in the final third of last year which have yielded improvements, including free car parking at Gort and Ardrahan and targeted promotion of student commuter tickets and adult taxsaver tickets. We will ensure that there is continued targeted promotion of the service as part of our commercial plan,” said an Irish Rail spokesperson.

“We have committed to extending the online system to this route as soon as possible. Currently, our online system supports bookings only where the train has an electronic reservation system on board.

“We are currently working to modify this to support all trains on all routes, and we expect this to be completed in the next two months,” they added.”

MORE than 2,000 anglers and environmentalists took to the street on Sunday to protest against a proposed organic fish farm to be situated off the Fanore coast. The farm, which will be the largest fish farm in Ireland if the Department of Agriculture decided to grant it a license, is being proposed by government agency Bord Iascaigh Mhara (BIM).

A number of groups, including government agency Inland Fisheries Ireland (IFI) are against the proposed farm – claiming that it will result in pollution and an infestation of sea lice.

A lone piper led anglers and environmentalists from Clare, Galway, Mayo, Dublin and Donegal through the streets of Galway yesterday in the largest gathering against a fish farm ever to take place in Ireland.

BIM claim that the fish farm would be a major employment boost in the North Clare area and could create as many as 500 local jobs. These claims have been contested by organisations such as IFI, who say that the likely number of jobs created will be closer to 40.

In a meeting last Friday, BIM chair man Kieran Calnan, reiterated the organisation’s claims about the fish farm. “The benefits that would come from such a development, including 500 jobs and an increase in seafood exports by € 100 million per annum are very significant,” he said.

“As a responsible State agency in existence for more than 50 years, we have planned this project while adhering to the strictest environmental standards and we are certain that there will be no negative impacts on the marine environment, or the inter- ests of other stake holders.

“We believe that the environmental investigations, which we have carried out supported by scientific input from the Marine Institute, clearly show that a large scale organic certified salmon farm could be developed in Galway Bay.”

BIM also claim that they have a list of international companies which have already expressed an interest in operating the fish farm if it is given the green light.

“We are hugely encouraged by the level of support for this project that we are receiving from the seafood and associated industries on the west and north west coasts,” continued Mr Calnan. “These rural regions have few economic alternatives and it is essential that a project like this sustainable deep sea project proceeds if we are to stem the flow of emigration from our coastal communities.”

CLARE Youth Service’s Shannon film project hit the big screen last week with their double entry in the Fresh Film Festival at the Lime Tree theatre in Limerick. Their short film entitled ‘Dairy Milk’, a remake of the peculiar Cadbury’s Dairy Milk advert where two school children show off their amazing eyebrow gymnastics, impressed “Fresh” judges and was put through to the finals which will be held on March 20 in the Odeon Theatre Limerick. Resident filmmaker to the project Emma Sams remarked, “All the young people involved with the project are delighted with the result. Fresh Film Festival is one of the larger film festivals for young film makers in the region so it’s a great feeling to see your film go through to the final stages.” The remake was originally made as an advert to go with the main film, which was also entered into the festival called ‘Drug Love Dealers’. The film followed a young couple through the possible pressures of teenage life and the choices they make in dealing with them. Project participant Nicole McKee said, “While we are a little disappointed that our main film did not get through, we are delighted that the ad did. It took a long time to make and it was very tricky to get some of the camera angles right so we learned quite a bit about film making just from doing it. The group are delighted to be returning to Limerick for the second round in March and also hope to start on their next project soon. Anyone 14 to 17 years of age interested in getting involved with the film project in Shannon can contact the youth worker in Shannon, Thomas O’Hara, on 085 8019666 or email tohara@clareyouthservice.org.