The Clare People Archive

A CARPENTER caught with drugs valued at € 356,000 near Barefield last year turned to crime to pay off debts to financial institutions and drug dealers, a court has heard.

Trevor Gargan (31) with an address at 179 Cregayn Street, Belfast, Antrim, is beginning a jail term after being convicted at Ennis Circuit Criminal Court yesterday.

He had pleaded guilty to possessing cannabis which had a market value that exceeded € 13,000 at Ballymaconna, Barefield on February 22 (2012). He also pleaded guilty to having cannabis resin for purposes of sale or supply on the same date and at the same location.

The court heard that the cannabis found in Mr Gargan’s car was valued at € 325, 522. Cannabis resin valued at € 29,000 was also discovered in the car, the court heard.

The court heard that Mr Gargan told gardaí that he was transporting the drugs to pay off debts of between € 1.2 million and € 1.3 million owed to a financial institution.

A family friend told the court that Mr Gargan borrowed money to invest in property development in South Kildare in 2005. The court heard Mr Gargan moved to Northern Ireland to declare himself bankrupt.

A native of Maynooth, Mr Gargan also told gardaí that he owed € 18,000 to drug dealers and that he would have received € 500 for transporting the drugs.

Detective Garda Seamus McMahon told the court Mr Gargan told gardaí that he feared his family’s life were in danger.

“He told us, ‘I owe dangerous people € 18,000. I can’t say more than that.” Mr Gargan has no previous convictions. Counsel for Mr Gargan, David Sutton SC, told the court, that the accused became involved in drug dealing when his life came under threat.

He added, “This is a desperate man engaged in a desperate offence”

Mr Sutton described his client’s predicament as one of the “sad flotsam of the Celtic Tiger. This is a desperate man.”

Judge Carroll Moran noted Mr Gargan’s previous good character. He said that while the extent of the accused’s involvement was unclear, he was dealing in illicit contraband.

He described the value of the drugs as “colossal”. He imposed a four-year sentence, concurrent on both counts.

A FORMER judo instructor yesterday received a two-year sentence after pleading guilty to six counts of indecent assault. Thomas Waters (68), with an address at Moore Street, Kilrush, pleaded guilty to the offences at Ennis Circuit Criminal Court.

The charges related to offences committed between April 1979 and March 1981. The court heard that Waters assaulted the boy, who was a member of his judo club in Ennis.

The abuse started when the boy was aged nine and consisted of the accused masturbating the victim and digitally penetrating his anus.

Sergeant Catriona Houlihan, who led the investigation of the case, told the court that the boy was also as saulted and shown pornographic material during an orienteering trip to Cratloe Wood.

The court heard that after the boy asked Thomas Waters to stop, he told him he would if the boy got his younger brother to take his place.

The victim made a full statement of complaint to gardaí in July 2011. Reading from a Victim Impact Statement, the man told the court that he was seduced by the image of Waters as a “strong and powerful man”. He added, “To me, he was the equivalent of Bruce Lee.”

The man said the abuse had a negative impact on his education and that he was prescribed anti-depressant medication at an early age. He told the court that he had “deep feelings of guilt and shame” for denying to his parents that Thomas Waters abused him.

The man said he suffers from posttraumatic stress disorder and finds it difficult to be in group situations. He said he would like to re-enter education but had been unable to do so.

He said, “This is a life sentence which I began as a child.” The man told the court that he did not want an apology as it would only be “insulting”. He thanked the Ennis Rape Crisis Centre, SHINE and the gardaí for the support they had given him.

Counsel for Waters, Mark Nicholas BL, told the court that the victim had been subject to a “series of outrageous activity which rightfully outrage people and rob people of their childhood.”

He urged the court to consider the accused’s behaviour in the intervening years and his guilty plea. Mr Waters is currently serving a four-year sentence for indecent assault.

Judge Carroll Moran said the accused’s guilty plea is important as it is an acknowledgement of wrongdoing and avoids imposing additional trauma on the victim. He said the fact that the nature of the abuse was of a continuous nature was “very serious”.

He imposed a two-year sentence, concurrent on all counts, to be served consecutively on the expiration of the sentence now being served. Tue05February13

THE long-running industrial dispute at the Cliffs of Moher Visitors Centre came to an end last Thursday when the Cliffs of Moher Limited announced it had come to an agreement with its SIPTU employees.

The agreement brings to an end more than five years of unrest at the North Clare tourist attraction, which has seen strike action being taken on two occasions, including in 2011 when a visit to the Cliffs by Ireland soccer manager, Giovanni Trapattoni, was cancelled because of a picket on the site.

The dispute centred on the terms and conditions of the SIPTU employees on the site, who have been seeking to have their terms of employment made equal to local authority workers.

The Cliffs of Moher is an independent limited company, owned by Clare County Council.

“This positive development now allows the company and its employees to fully focus our combined efforts on delivering a world-class visitor experience in what is a very important year for tourism,” said Katherine Webster, General Manager at the Cliffs of Moher Centre.

“I am particularly pleased that the proposals now being implemented allow us to retain our full staff complement which, at the peak season in 2012, stood at 56 employees.”

Director of Services at Clare County Council and Director of Cliffs of Moher Centre Ltd, Ger Dollard said he was delighted that the situation had been resolved.

“Our most recent conciliation conference in December 2012, which was facilitated by the Labour Relations Commission, ended without a resolution despite a fair and constructive formal offer being made to SIPTU on behalf of its members. The union negotiators rejected this offer,” he said.

“The company in mid-January advised the Labour Court that it proposed, in any event, to proceed with the implementation of the offer from Friday, February 1.

“The company received notification from SIPTU that the offer had now been accepted by the members. The company is delighted that the arrangements now being implemented take account of the financial circumstances of the business as verified by independent financial consultants appointed under the auspices of the Labour Court,” he added.

TAOISEACH Enda Kenny and Minister for the Environment and Local Government Phil Hogan are not wanted in Ennis to officially launch the groundbreaking ‘Ennis Town Hub Framework’ document that has been drafted by Ennis Town Council in conjunction with the University of Limerick.

This move was heralded at the monthly meeting of Ennis Town Council on Monday when the fourtime Mayor of Ennis, Cllr Michael Guilfoyle, railed against giving the Taoiseach and his frontline minister a platform in the county town, while at the same time they’re putting legislation through the Dáil to disband town councils.

“I can honestly say that to have a Taoiseach down here, who tells his own TDs what way to think and what way to vote, troubles me,” said Cllr Michael Guilfoyle in rallying support against have the Taoiseach launch the Ennis Town Council blueprint.

“To have a Taoiseach down here, who to me doesn’t have his finger on the pulse, is wrong. To bring down the Taoiseach and to hear him take the credit – a Taoiseach that’s trying to put us out and not give a voice for the people of the country and this town, I’d be against this motion. I’d support this motion if you take out the Taoiseach and the Minister for the Environment,” he added.

Cllr Guilfoyle was supported by Cllr Paul O’Shea (Ind) and Cllr Tommy Brennan (Ind), who proposed that the Mayor of Ennis launch the plan at a date later this month.

“It was commissioned by Ennis Town Council and it was paid for by Ennis Town Council and the mayor should launch it,” said Cllr Brennan.

Following the intervention of the Mayor of Ennis, Cllr Peter Considine, who said he “didn’t wish to insult the office of Taoiseach”, it was agreed that both the Taoiseach and Minister for the Environment would be invited to attend the launch, but not to perform at the launch which is being timed to coincide with the 400th year anniversary of the formation of the borough of Ennis.

KILRUSH Town Council is expected to have a new member at its monthly meeting on February 12, as Fianna Fáil hosts a convention to select a candidate to replace the late Cllr Stephen O’Gorman on Sunday evening.

Two names have already gone forward to be considered at the convention, to be held in the Haven Arms, Kilrush.

Former town councillor Christy O’Malley is to return to contest the seat, as will university student Em- met Greaney.

Mr O’Malley, a former garda sergeant, previously served on the council until he lost his seat in the 2009 local elections.

The former chairman of the council also served as chairman of the Kilrush Special Olympics Committee when Kilrush Town hosted the Georgia Republic in 2003.

A member of the local Cumann, Mr Greaney is new to elected politics.

He is currently a postgraduate law student at the National University College Galway, and he signed up as a member of Ógra Fianna Fáil locally at just 14 years old and be- came very active in the party when he went to college.

It is possible that more candidates will enter the race before Sunday but, if not, members of the party locally will have to decide who they feel is best to take up a position on the town council between the two nominees.

Cllr O’Gorman passed away in December, leaving a vacant seat in the council chamber.

His party members are now required to fill that position, and next week either Mr O’Malley or Mr Greaney are likely to be seconded on to the council for its last ever term.

CLARE County Council is to seek compensation from the source of the massive oil spill on the N18 on Friday evening, resulting in commuters and motorists sitting in traffic for up to six hours.

When the local authority workers attended the scene of the spill on the northbound side of the dual carriageway between Setright’s Cross and Sixmilebridge late in the afternoon, they sprayed it with “road bio” to neutralise the spillage.

“It did not work on this occasion; for whatever reason, the oil seemed more potent,” explained County Engineer Tom Tiernan.

The council workers then doubled the concentration of the neutralising bio, but this still did not work.

“We decided it was not safe at around 6pm or 6.30pm and closed the road,” explained the county’s most senior engineer.

The fire service and council workers from the Shannon area continued to work on what is considered “one of the busiest sections of road in the west” until 11pm when one lane of the dual carriageway was reopened.

They returned to the scene on Saturday morning and continued working until both lanes were considered safe for road users again.

The cost of the clean-up is believed to have cost the council thousands of euro, and it will be seeking recompense.

On Friday night, detours through Sixmilebridge were described as a “fiasco” by motorists, with others critical of the lack of early information on the traffic delay.

One mother of two from Ennis told The Clare People how she was forced to sit in traffic for three hours with her two children during a journey home from Dublin.

“When I looked back on it afterwards, I couldn’t believe that they took our money at the toll and said absolutely nothing as they let us onto the packed motorway,” she said.

“If we had been warned, we could have diverted via Killaloe, as could many others, I’m sure, easing the congestion somewhat.”

The Waterford Crystal hurling semi final in Sixmilebridge on Friday night between Clare and Cork was delayed by 50 minutes as a result of the oil spill.

Some of the Cork team took five hours to reach the venue, nine of their players being trapped in static traffic on the N18 motorway.

A MINUTE’S silence was observed in the headquarters of Clare County Council yesterday in memory of murdered Detective Garda Adrian Donohoe. Members of the Clare Joint Policing Committee agreed to adjourn their planned meeting as a mark of respect to the Dundalk based garda who was shot dead in a raid on a Credit Union in Louth on Friday night.

Members expressed sympathy with the family of Mr Donohoe, whose wife, Caroline Deloughrey, is from Kilkee. Senior officers from the Clare Garda Division yesterday spoke of the shock that is being felt throughout the force. Superintendent Derek Smart, who served in Limerick when Det Gda Jerry McCabe was shot dead outside Adare Post Office in 1996, said it is a very “trying and sad time for the Garda organisation”.

He added, “We are confident that with the help and support of the community, on which we thrive, we will bring this matter to a conclusion.”

Inspector John Galvin of Ennis Garda Station said it had been heartwarming to see the outpouring of support from communities across the country. He added, “It is extremely well appreciated. We’re all grieving and we’re hurt. We’re all one big family in the Garda Suíochana and we know the person behind the uniform.”

JPC Chairman, Councillor Joe Arkins (FG) said the killing of Adrian Donohoe was a sad day for gardaí and society in general.

Extending his sympathy to the Donohoe family, Labour TD Deputy Michael McNamara said every effort would be made to bring those responsible for this “savage act” to justice.

Fianna Fáíl TD, Deputy Timmy Dooley, said the communities of Louth and West Clare had lost a brave member of the force. He added, “This brings into sharp focus the kind of threats that gardaí face.”

Fine Gael TD, Deputy Joe Carey said the murder had “shocked the nation”. Fine Gael Senator Martin Conway described it as a “horrific tragedy”.

Cllr Pat McMahon (FF) said, “This is an attack on basic democracy. This was a man protecting the savings of ordinary people.” Cllr Oliver Garry (FG) said, “This is a cowardly and despicable act and I hope the people responsible are brought to justice.”

Cllr Bill Chambers (FF) said, “This was a despicable act committed against a man out doing a duty for the State.” Cllr Cathal Crowe (FF) said Det Gda Donohoe’s “cold-blooded killing has shaken the nation and it shows the dangers gardaí encounter.”

RESIDENTS of a Spanish Point housing estate have been “left in limbo” with a dysfunctional sewage system which has contributed to Spanish Point beach losing its blue flag.

That is according to councillors at yesterday’s Ennistymon Area Meeting of Clare County Council, with local Cllr Michael Hillery (FF) requesting that Clare County Council take the WestPart development in charge.

“The council have paid a private contractor to remove sewerage from this estate on at least four occasions over the last 18 months. This treatment plant is not working properly and is a health hazard in the area,” said Cllr Hillery.

“It is also very close to Spanish Point beach which, unfortunately, does not have a Blue Flag at the moment.

“Unfortunately, the bond which was put in place for this estate has elapsed. So there is no longer a bond in place to pay for this situation to be resolved.

“It states that Clare County Council cannot use funding or the lack of funding as an excuse not to take an estate in charge.

“The cost to Clare County Council of de-sludging this treatment plant is going to be more and more as this goes on.

“We would ask that Clare County Council take on this estate and al- low the residents to live a life that is reasonable and acceptable in this day and age.”

Responding to the motion, a council spokesperson confirmed that an application to take the estate in charge is currently being considered.

The spokesperson also confirmed that legal action under the Water Pollution Act is listed for hearing in the District Court on February 22.

“This is also an estate where the people living there do have to pay the household charge. That is a very big issue for the people in this estate,” said Cllr Hillery.

“A number of estates around the country have been exempted – but this one hasn’t. That is an issue for the residents.

THE five North Clare members of Clare County Council are to seek a meeting with Minister for the Environment, Phil Hogan (FG) to get him to officially nail his colours to the mast concerning the funding impasse with sewage treatment facility at Doolin.

Councillors at yesterday’s Ennistymon Area Meeting of Clare County Council accused Minister Hogan of muddying the waters concerning the scheme. Under the Department of the Environment’s new criteria for sew- erage funding, smaller projects such as Doolin are excluded.

However, following a meeting between Minister Hogan and a deputation from Doolin, the indication was given that Clare County Council had not made an application for funding.

Cllr Richard Nagle (FF) requested a copy of all correspondence between Clare County Council and the Department of the Environment concerning the Doolin scheme.

In a letter from Minister Hogan’s private secretary, dated November 19 last, the minister invited Clare County Council to make an allocation but failed to answer specific questions about the department’s own criteria, which effectively excluded Doolin from receiving funding.

“Ultimately what this comes down to, under the present waste water programme, [is that] small towns like Doolin cannot be included. The delay in the sewerage scheme in Doolin has delayed the provision of basic infrastructure like footpaths, lighting and pedestrian crossings,” said Cllr Nagle.

“They are not included in the investment programme and if you are not there, how can you get the funding? You have to wonder why Hogan gave false hope to people.

“It is extremely regrettable that we are getting this game of ducks and drakes being played where civil servants are saying one thing in one paragraph or a letter and another thing in another paragraph.

“People have being given the impression that funding is being provided – but nothing is happening. It is totally unacceptable and people are being left in limbo.”

Cllr Joe Arkins (FG) read details of a correspondence between himself and Fine Gael officials into the minutes of the meeting. The emails, which were dated December 8, 2012, outlined the contraction of Minister Hogan’s comments to the Doolin deputation and the current criteria for sewerage projects.

Lahinch councillor Billy Slattery (FG) suggested that the councillors request a meeting with the minister and get him to clarify the situation once and for all.

“A deputation did go and met Phil Hogan and he did give a positive indication to that deputation. If this goes into 2014, the new water body will be responsible for this; Clare County Council will not have any role to play. Is that why Minister Hogan is kicking this can down the road?” he said

A WOMAN who sent threatening text messages to her ex-boyfriend has been advised by a judge to “grow up”.

Marcella Considine (38), with an address at 2 Delacey Park, Shannon, appeared at Ennis District Court on Wednesday, charged with offences contrary to the Postal and Telecommunications Act.

She pleaded guilty to sending, by means of telecommunications, a message that was grossly offensive, obscene or of menacing character, to a man living at an Ennis address.

Inspector Tom Kennedy told the court that the accused sent two messages to her former boyfriend on February 12 (2012) and May 23 (2012).

He explained that, in the first message, Ms Considine said she would tell everyone the man was scum.

He told the court that the accused also wrote, “I’ll fucking stab you.”

Insp Kennedy said that in the sec- ond text message, Ms Considine stated, “I’ll kill you with a knife. If you send this message to the guards, I know a lot of people in Ennis.”

He said Ms Considine has no previous convictions. Solicitor for the accused, John Casey, told the court that there was “absolutely no truth to the threats.”

He said the couple’s long-term relationship had ended. He said his client had been “very upset” with the man at the time she sent the texts.

He said Ms Considine had never acted on what she said in the text messages. Mr Casey said his client was “very apologetic”.

“This appearance in court is a lesson to her,” he added.

Judge Patrick Durcan said he was not impressed by Ms Considine’s actions.

He adjourned the case until January 2014, granting the State liberty to re-enter the case.

Addressing Ms Considine, Judge Durcan said, “You’d want to grow up.”