The Clare People Archive

GARDAÍ in Ennis have admitted they were “extremely concerned” when a convicted sex offender who failed to inform them of a change in his address fell of their “radar” last month.

The 40-year-old man pleaded guilty at Ennis District Court on Wednesday to a charge of failing to inform gardaí of a change in his address.

It was alleged that the man, on dates unknown between September 29 (2012) and October 10 (2012), within the jurisdiction of the State being a person to whom part two of the Sex Offenders Act 2001 applied, did fail to notify the gardaí of his home address on the relevant date as required by the provisions of the Sex Offenders Act 2001.

Detective Garda John Casey told the court that as a result of the man’s previous conviction he was required to inform gardaí of any change in his address.

Det. Casey said he learned the man had moved from his previous address in Clarecastle but had failed to inform gardaí of his new place of residence.

Defence solicitor John Casey told the court that his client had lived rough in the Mill Road area of Ennis after his previous accommodation no longer became available to him in Clrecastle.

He said the man did not have the necessary money to get new accommodation but has since secured a new address.

Mr Casey said his client is in very poor health and had no family or friends to turn to.

He added, “This was a breach of very serious and onerous condition.”

Det. Casey said it came as a “great surprise” to him that the man had been living in the Park on the Mill Road.

He said, “When he went of my radar, I was extremely concerned.”

“It goes without saying that people subject to the register are closely monitored,” he added.

Det. Casey told the court that he is now satisfied that the man has a new address

Judge Patrick Durcan said, “This is a very serious case and people are obliged to comply with the directions of a garda.”

Judge Durcan imposed a twomonth prison sentence, suspending it for two years.

He said he was imposing such a sentence “because of the seriousness of the matter.”

A JUDGE has said he will reflect on his decision to accept jurisdiction of a case involving a Barefield couple charged with harassment.

Martin McLoughlin (65) and Ann McLoughlin (62) both appeared at Ennis District Court on Wednesday.

The couple, both with an address at Ballymaconna, Barefield, are both charged with harassment of two named people in Barefield.

It is alleged that Mr McLoughlin made a threat, which a man believed would be carried out to kill or cause serious harm at Cregard Barefield on March 19 (2011). He is also facing a similar charge relating to an alleged incident at Cregard Barefield on September 24 (2011).

He is also facing two separate charges of harassment on dates unknown between January 2004 and March 2012.

It is alleged that Mr McLoughlin caused criminal damage to trees and shrubs at Cregard, Barefield on September 24 (2011).

Ms McLoughlin is charged with alleged harassment of a woman in the district court area of Ennis on dates between October 2006 and March 2012.

Defence solicitor James Nash told the court that he had a problem had arisen in the discovery process.

He said the State are refusing to hand over correspondence between Gardaí and a local authority. Mr Nash urged Judge Patrick Durcan to dismiss the case on the basis of discovery being refused.

Inspector Tom Kennedy said the State are not at liberty to disclose letters between the local authority and the alleged injured parties. Mr Nash said his clients could be “prejudiced” by the correspondence.

“I’m entitled to see it,” he added. Insp Kennedy said a court order would be required for the State to disclose correspondence.

He described the case as “very involved” and said the issues dated back to 2006.

Judge Durcan adjourned the case to tomorrow.

He said that while had accepted jurisdiction of the matter; the case had been “troubling” him.

He said he would reflect on his original decision. “My mind is open on it,” he added.

A WEST Clare man has been ordered to return home to live with his mother after pleading guilty to a number of theft and trespass offences in Ennis.

Noel Garry (19), with an address at Apartment 173, Parnell Street appeared at Ennis District Court on Wednesday.

The court heard that Mr Garry was one of three people who took a car that had been left running in the market in Ennis on August 10.

The court heard that the car was brought to the Moyross area of Limerick and burnt out.

Inspector Tom Kennedy told the court that € 1500 worth of damage was caused to the car and no compensation had been paid to the injured party.

Mr Garry also admitted to being one of two people who broke the window of the Tunstar shop at Parnell Street on the hours between August 26-27. A number of mobile phones and phone covers were stolen in the incident.

Mr Garry pleaded guilty to being one of two people who entered the 7 Days Shop, Cabey’s Lane, Ennis between September 5-6.

Insp Kennedy told the court that the premises serves as a Western Union money transfer shop.

He said that on the night in question € 675 was stolen from an envelope. He said the accused received a small amount of money.

Insp Kennedy told the court that Mr Garry co-operated fully with gardaí.

“He wasn’t the ringleader but he is easily led” he added.

Defence solicitor Fiona Hehir told the court that her client was 18 when he embarked on a “crime spree.”

She said Mr Garry had fallen in with a bad crowd in Ennis and that his mother is “extremely worried” about him.

Ms Hehir said Mr Garry had been involved in drugs and crime and that his behaviour must be “nipped in the bud.”

She told the court she had been instructed to enter an early guilty plea by her client.

Ms Hehir added, “He was in Castlerea prison for a week and he did not like it.”

Judge Patrick Durcan said was considering imposing a 10-month sentence.

He adjourned the case until January 23 for a report from the probation and welfare services. He also ordered Mr Garry to return home to live with his mother in Kilrush.

“Mr Garry, you have to wake up,” he added.

Mr Garry was remanded on continuing bail to appear again at Ennis District Court on January 23.

A MAN has appeared in court charged with drugs and firearms offences in North Clare two years ago.

Sean McNamara (21), with an address at Doonogan, Mullagh, appeared at Ennis District Court on Wednesday.

It is alleged that on October 16, 2010, Mr McNamara possessed a 12-gauge double barrel shotgun. It is alleged that he did not have the shotgun for a lawful purpose.

Mr McNamara is also charged with possession of cocaine and possession of cocaine for sale or supply at Doonogan, Mullagh on October 16.

Detective Garda Stephen Hession of Ennis Garda Station gave evidence of arrest, charge and caution. He said Mr McNamara gave no reply to charge after caution.

Inspector Tom Kennedy said the Director of Public Prosecutions (DPP) had directed trial on indictment.

The case was adjourned until January 9, 2013 for the service of the Book of Evidence.

TWO sisters charged offences allegedly committed outside an Ennis primary school are expected to be sentenced in January.

Rose Mahon (22) and Laura Molloy (21) are charged in relation to an incident at the Holy Family School, Station Road on March 20. Rose Mahon, with an address at Bay 3 Ballaghboy, Quin Road, Ennis, is alleged to have caused € 1500 worth of damage to a car. Laura Molloy, with an address at Bay 3 Ballaghboy Halting Site, Quin Road, Ennis, is alleged to have provoked a breach of the peace. Defence solicitor for both accused, Daragh Hassett, told the court that the cases are remaining in the district court. He said his clients would not be contesting the charges.

Mr Hassett said he was requesting an adjournment of the cases to allow him to prepare detailed pleas in mitigation in respect of his clients.

Judge Patrick Durcan noted guilty pleas in respect of both accused. He remanded both women on continuing bail to appear again at Ennis District Court on January 9 for sentence.

A 14-YEAR-old boy has appeared in court charged with offences in connection with an alleged violent incident at a primary school in Ennis.

The teenager was before Ennis District Court on Friday. He is charged with violent disorder at the Holy Family Primary School on March 20, 2012.

He is also charged with the production of a machete contrary to the firearms and offensive weapons act on the same date and location.

The court heard that jurisdiction of the case had previously been refused. Inspector Tom Kennedy requested an extension of time for the service of the book of evidence.

The teenager was remanded on continuing bail to appear again at Ennis District Court on December 19.

Another man charged in connection with the same incident is also due to appear in court on that date.

Conor Mahon (21), with an address at Ballaghboy Halting Site, Quin Road, Ennis, is alleged to have committed violent disorder at the Holy Family School, Station Road, Ennis on March 3.

He is also charged with unlawful production of an article contrary to the firearms and offensive weapons act at the same date and location.

Mr Mahon appeared at Ennis District Court on Wednesday. Inspector Kennedy said State were seeking an extension of time to allow for the service of the book of evidence.

Defence solicitor Daragh Hassett said he would consent to December 19.

Mr Mahon was remanded on continuing bail to appear at Ennis District Court on December 19.

GARDAÍ found a man selling quantities of beer, cider, Guinness and whiskey from the boot of a car in Clarecastle, a court has heard.

Kevin Maughan (20), with an address at 42B Lissadyra, Ballygaddy Road, Tuam, Galway, is charged with handling stolen property at Clarehill, Clarecastle on October 5.

The case came before Ennis District Court on Wednesday. Inspector Tom Kennedy told the court that the Director of Public Prosecutions (DPP) had directed summary disposal of the case. He said it would be alleged that Gardaí found Mr. Maughan selling alcohol valued at € 539 from the boot of his car on the date in question. It is alleged that Mr Maughan had 72 cans of Bulmers, 72 cans of Budweiser, 48 cans of Carlsberg, 48 cans of Guinness, two bottles of Huzzar vodka, one bottle of Tequilla, one bottle of liqueur, two bottles of Powers whiskey and cigarettes valued at € 132. Judge Patrick Durcan said, “We’ve all heard of the mobile bank and the mobile library but this is the first time I’ve heard of the mobile shebeen.” Mr Maughan was not present in court. His solicitor Daragh Hassett handed in a medical certificate to the court. Judge Durcan said he did not accept the contents of the certificate. A bench warrant was issued for Mr Maughan’s arrest.

TWO men charged with damaging a house in Ennis are due to appear again in court next month.

Michael Molloy (19), with an address at 2 Ballymaley Halting Site, Ennis and Patrick McCarthy (19), with an address at 2 Ballaghboy, Quin Road, Ennis 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 in question would be damaged.

Both cases came before Ennis District Court on Wednesday.

In respect of Mr McCarthy, Inspec- tor Tom Kennedy said directions are still being awaited from the Director of Public Prosecutions (DPP).

Defence solicitor Tara Godfrey said she would consent for the matter to be adjourned to December 5.

The court heard that DPP’s directions are also being sought in respect of Mr Molloy.

He was remanded on continuing bail to appear again in court on December 19.

GARDAÍ are to continue to investigate the circumstances of an alleged nightclub assault in Ennis, a court has heard.

The investigation relates to a North Clare woman who is alleged to have assaulted another person with a glass at the Queens nightclub, Ennis.

Nora McCormack (23), with an address at Glanquin, Kilnaboy, is charged with assault causing harm at the Queens on May 13, 2012.

At Ennis District Court on Wednesday, Inspector Tom Kennedy said the Director of Public Prosecutions (DPP), had directed summary disposal of the case.

Insp Kennedy told the court that the alleged injured party would allege that she was struck by a small glass allegedly thrown by Ms Mc- Cormack.

Insp Kennedy said the person had to receive four stitches for the wound.

Solicitor John Casey said his client was prepared to take a certain course of action based on a version of events.

However he said no CCTV was available of the alleged incident. Mr Casey told the court that CCTV would back up his client’s version of events.

Mr Casey told the court that CCTV was a requirement for all pubs and nightclubs.

He added, “I find constantly when I look for CCTV, unless it is the Garda system, there is never CCTV footage.”He said his client did not agree with the version of events outlined by the alleged injured party.

Mr Casey said his client had never been in court before and had come back from America to deal with the case.

Inspector Tom Kennedy said he would be anxious to look into the matter of CCTV.

Judge Patrick Durcan adjourned the case until Friday to allow for disclosure matters to be resolved and for him to consider the jurisdiction.

He also requested further details of the injuries to the alleged injured party. On Friday, Mr Casey told the court that gardaí are continuing to investigate the case.

He requested that the matter be adjourned until January.

Insp Kennedy said the person had not suffered any permanent scarring.

Judge Durcan said he “reluctantly” accepted jurisdiction. He adjourned the case for mention until January 23, 2013.

THE DIRECTOR of Public Prosecutions (DPP) is expected to issue directions in January in respect of four people charged in connection with an alleged public order incident at a roundabout in Ennis.

Bernard McDonagh (45) and Christopher McDonagh (38), Bernard McDonagh Jnr (22) and a 16-year-old boy are alleged to have committed a number of offences arising out of the incident at the Maid of Erin on October 14.

Bernard McDonagh (45), 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 (45) drove a vehicle in a dangerous and reckless manner, which created substantial risk of death or serious harm to another.

Christopher McDonagh, with an address at 1 Davitt Terrace, Cloughleigh, 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.

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 produc- tion of a hatchet.

Bernard McDonagh Jnr (22) is charged with possession of an article with intent to cause injury and the production of an article in the course of a dispute.

At Ennis District Court on Wednesday, Inspector Tom Kennedy said DPP’s directions are expected in January. All four people were remanded on continuing bail to appear again at Ennis District Court on January 13, 2013.