The Clare People Archive

THE majority of Clare’s Oireachtas members are in favour of civil marriage for gay and lesbian couples.

While civil partnership was introduced more than a year ago, it still falls short of the full legal entitlements of marriage, especially where the rights of children are concerned.

TDs Michael McNamara (Lab) and Timmy Dooley (FF) and Senators Tony Mulcahy (FG) and Martin Conway (FF) all said they believed marriage should be available to same-sex couples..The Fine Gael TDs were not as clear-cut in their answers.

Fine Gael TD Pat Breen said he needed more time to give a more considered answer on the issue.

Meanwhile, Deputy Joe Carey (FG) stated, “There is a commitment in the programme for government that the constitutional convention will examine the provision of same-sex marriage. They’re examining that currently, as well as a number of other issues. I am in favour of civil partnership and believe this provision is a huge step forward for same-sex couples.”

The other TDs are happy to see the legislation go further.

“I don’t see why there shouldn’t be civil marriage. I believe in the principal of equality,” said Deputy Dooley.

As it is the stated position of the party following this year’s Ard Fheis, he said he would also be supporting any legislation brought before the Dáil on this matter.

Labour’s Deputy McNamara was equally supportive. “Civil marriage, yes, but obviously what religious communities do is a matter for religious communities themselves,” he said. “There are same-sex relationships where children are involved now, they are not as infrequent as they were 20 years ago. The current laws are inadequate to deal with where the natural mother or father of the child had died leaving the child and the other partner in the relationship in a very difficult legal situation, so clearly for the sake of children, as well, it needs to be regularised,” said the former barrister.

Senator Conway (FG) said, “I believe there should be absolute equality for all people. Marriage is about a couple committing to each other for life, irrespective of their circumstances. If legislation comes through, I would like to see an all-party approach to this important issue and I would like to see all-party agreement. If that is not possible, the legislation I will support is legislation that is properly proofed and enshrined in equality.”

Senator Mulcahy (FG), who was also in favour of equal rights for same-sex couples, said, “As a society, we have been shoving our heads in the sand for far too long. We as a nation need to grow up, as opposed to growing up a bit of the way every 20 years.”

“If adults of the age of consent determine this is what they want to do with their lives, it is not for us to dictate to them. I came across it at the doors at the election last year, meeting people who believed we all should adhere to their beliefs, but I do not believe in that. I don’t dictate terms to anybody. I don’t think any sector of society should.

“If people over the age of consent decide that is how they want to live their lives, then we should legislate for that and provide for that,” he said.

A MAN who was assaulted by his brother with a hatchet has said the family has been left “troubled and broken” by the incident.

Father of four Michael McDonagh had half of his left ear severed from his head when he was attacked by James McDonagh (38) at the Ballymurtagh halting site in Shannon on August 31 (2011).

James McDonagh, with an address at bay six Ballymurtagh, Shannon, was last week convicted at Ennis Circuit Criminal Court of assault causing harm to his brother at Ballymurtagh on the day in question.

A jury also found James McDonagh guilty of possessing a hatchet with intent to cause injury to his brother Michael. Michael McDonagh, of bay 5 Ballymurtagh, Shannon, suffered serious cuts to his head and abdomen as a result of the assault.

Michael McDonagh’s victim impact statement was heard at the conclusion of a four-day trial in Ennis on Friday.

The statement was read out in court by Detective Garda David Laing of Shannon Garda station.

Michael McDonagh stated that he had made the statement as he had been forced to seek the protection of the State after the assault.

He said, “I believed I was going to die and I could see the hatred in my brother’s eyes.”

Michael McDonagh stated that his wife had been traumatised by the assault and that his children still wake up screaming at night.

He continued, “I am not the first brother that Jimmy has attacked and I am sure I will not be the last unless a dramatic intervention is made.”

Michael McDonagh stated that the assault had put “huge strain” on his family and left his wife and children in a “very nervous state.”

Referring the consequences of the incident, Michael McDonagh said, “We know we are left with a broken and troubled family.”

He stated that he had not made the statement to ensure his brother got the maximum sentence.

Rather, Michael McDonagh stated, he hoped that the sentence would include some aspect of medical treatment that his brother “urgently requires.”

Michael McDonagh also praised the “swift action” of the gardaí in his statement.

A MAN has been found guilty of assaulting his brother with a hatchet at a halting site in Shannon last year.

James McDonagh (38), with an address at bay six Ballymurtagh, Shannon, attacked Michael McDonagh at he rear of their father’s home at the Ballymurtagh halting site on August 31.

Details of the assault were heard during a four-day trial at Ennis Circuit Criminal Court last week.

It took a jury 96 minutes to convict James McDonagh on one count of assault causing harm and another of possession of a hatchet with intent to cause injury. The court heard he has 97 previous convictions.

Half of Michael McDonagh’s left ear was severed in the assault while the father of four also suffered injuries to his scalp and abdomen.

He spent four days in hospital receiving treatment for his injuries.

James McDonagh, referred to throughout the trial as Michael James McDonagh, had denied the charges, claiming that he had acted in self-defence after his brother had attacked him with a hurley.

The court heard that a row over a car parked at the entrance of 81-yearold Frank McDonagh’s home at Ballymurtagh sparked the assault.

Counsel for the State, Stephen Coughlan BL, told the court that Frank McDonagh, father of Michael and James, blamed James for blocking the entrance.

He asked Michael to ring the gardaí who came and removed the car.

Michael McDonagh said that at around 8pm on the night in question, James McDonagh came running into his yard at bay five Ballymurtagh, wielding an orange and black handle hatchet.

He said, “He was roaring and shouting and swinging the hatchet and saying he was going to kill me.”

Michael McDonagh told the court that he ran from his home, where he had been watching television with his wife and children, and into the adjoining yard of his father’s bay.

He said he picked up a hurley to defend himself after he was “cornered” by James.

A struggle ensued and Michael McDonagh eventually managed to take the hatchet from his brother and throw it over the wall.

Frank McDonagh gave evidence of seeing James hit Michael “two or three clouts in the head with the hatchet.”

He added, “I heard Michael’s wife and kids screaming….I saw Michael running like a hare into my bay.”

Garda Barry Doherty of Shannon Garda Station attended the scene on the night. He said both Michael and James were covered in blood.

He said, “Michael McDongh’s ear was cut and half hanging off.” The hatchet was found in a field behind the halting site. James McDonagh was arrested and subsequently interviewed by gardaí.

In his closing speech, Mr Coughlan said. “The State’s case is that this was a willful attack by James McDonagh on his brother and he used a hatchet to do it.”

Counsel for the accused, Pat Whyms, said the State’s witnesses had given different accounts of the incident. He said the jury had to decide if the witnesses are “truthful and reliable.” He said James McDonagh had picked up the hatchet to defend himself.

Addressing the jury, Judge Gerald Keyes said, “If you are satisfied that the accused was the aggressor then it precludes him from using the defence of self defence.”

Mr Whyms urged the court to consider to suspending a portion of the sentence on condition that James McDonagh enters a treatment programme.

Sentencing of James McDonagh will be finalised on Thursday. The court heard he faces a maximum sentence of 10 years.

A FORMER road sweeper who suffers from a serious heroin addiction has been told the court will help him if he takes steps to improve his life.

At Ennis District Court on Wednesday, Edmund Lyons (47) with a former address at 2 Clare Villas, Clare Road Ennis and currently of no fixed abode, pleaded guilty to theft. The charge relates to the theft of a wallet at O’Sullivan Hansbury, Kilrush Road, Ennis on July 28 (2011).

Inspector Michael Gallagher told the court that a person dropped a wallet in the shop. He said the accused picked up the wallet, which contained € 130 and a number of bank cards.

Insp Gallagher said the man reported the lost wallet to gardaí. He said the accused was subsequently identified by CCTV footage from the shop.

Insp Gallagher said Mr Lyons made a full admission to gardaí in February 2012. The court heard that neither the cash nor the cards were recovered.

Solicitor Tara Godfrey said her client, a father of two, had worked as a road sweeper for a local authority for almost 20 years.

She added, “He developed an addiction to heroin. 90 per cent of his life has been taken away.” Ms Godfrey said the drug had destroyed Mr Lyons’ life. Asked by Judge Patrick about what he had done with the bank cards, Mr Lyons said he had left them on a wall outside the shop.

After hearing the case, Judge Durcan said that Ms Godfrey must come back to court in two months time with confirmation that Mr Lyons is taking steps to “look after himself.”

He said, “If this court sees he’s making every effort, the court will be there to help.”

Judge Durcan said he wanted to see that a positive plan for Mr Lyons is in progress.

He added, “If not there will be a prison sentence.” Judge Durcan adjourned the matter until July 18.

A CLIMBER narrowly escaped serious injury on Saturday after a large rock, dislodged by another climber, fell on him from the top of a climbing cliff in North Clare.

The climber, who was holding a safety rope for another climber at the time, broke his femur in the incident but escaped a life-threatening injury by a matter of millimetres. The men were climbing at a popular climbing wall at Ballyreen, just north of Doolin, when the accident took place.

The Doolin unit of the Irish Coast- guard received the call just after 2.30pm on Saturday afternoon and rushed to the scene where they located the injured man at the bottom of a high cliff. They reached the injured man and helped make him comfortable until the arrival of the paramedics, splinting his injured leg. A winch was lowered to the bottom of the cliff and the injured climber was then stretchered to the shoreline.

From the shoreline, the injured man was airlifted by the Shannon-based Coast Guard Rescue Helicopter to Limerick Regional Hospital for further treatment. He is expected to make a full recovery.

“He had a broken femur and was very lucky that it was not a more serious incident. The femur is the strongest bone in your body and there is a big risk of severing a major artery and bleeding to death in a situation like this,” said Mattie Shannon of the Doolin Unit of the Irish Coastguard.

“We were able to reach him along with the HSE paramedics and he received medical attention. He was in a lot of pain but he was conscious throughout the rescue.”

Meanwhile, a body was recovered from the water around Poll Cnaimhín, north of Doolin, early on Saturday morning.

CLARE’S fire service and the University of Limerick are leading the way when it comes to educating emergency response professionals.

The Advance Trauma in the Community initiative was developed by Accident and Emergency Consultant Cathal O’Donnell, and Mark Dixon through the University of Limerick.

Dr O’Donnell is clear, however, that the progressive training for professionals when faced with major traumas and emergencies could not take place without the enthusiasm of the Clare County Fire Services, under the direction of Fire Chief Adrian Kelly.

In its fifth year, the course aims to bring the HSE national ambulance service, the fire services, Irish De- fence Forces, GPs, Gardaí, civil defence, Order of Malta, coast guard and the Irish Red Cross for an all-inclusive training course.

The course takes place over one day, usually in Ennis.

“Prior to this, all the organisations trained in isolation but responded together. The concept of training together gives the patient the best possible care and outcome,” explained Dr O’Donnell.

In many cases, terminology differs between the professions, and many services are unaware what the other professional can and cannot do, explained the A and E expert.

“For example, a GP would not be familiar with how the fire brigade cut the top off a car, and that there is a slow way and quick way to do it. Being aware of this, the GP at the scene can tell the fire service how quickly the patient needs to come out and the decision on how to cut him or her out can be made,” he said.

Understanding each other’s use of language, terminology and expression, and the role each party can undertake at the site of an accident, can save valuable time.

To date, at least 200 professionals from all over the country have taken part in the highly respected course.

“It was largely started with the support of the Clare Fire Service. We couldn’t do this without the Clare service and the University of Limerick,” explained Dr O’Donnell.

“There is a big issue of safety at the site of an accident and not just for those involved but also for the emergency staff. We take the lead from the fire service who have a strong safety ethos and a strong appreciation of hazards,” he added.

EVIDENCE of an ancient tsunami that may have hit the north Clare coast some 6,000 years ago could explain what became of the first people ever to live in Clare.

Archeologists working on an ancient shellfish midden on Fanore beach have discovered a mysterious black substances, which they believe could have been left behind by an ancient tsunami.

The substance, which is two or three inches deep, disintegrates when it comes in contact with air. The fact that a large slab of this material has remained intact on an ancient settlement site on Fanore beach, indicates that a large amount of it was laid down at once, possibly as the result of a tsunami.

“We have found a mysterious layer of black organic material on the site and it is under that level that we have fond all the oldest archeology. We have not been able to identify exactly what this black layer is yet but, as it happens, it is that layer which helped to protect the ancient settlement that we are currently excavating,” said Michael Lynch, the Field Monument Advisor for County Clare.

“If we can establish a date for this black material it will help us to peace together more of the mystery of this site and it could tell us a bit about what happen here that brought the use of the midden to an end.

“It is possible that this is the result of a major climatic event, a massive storm or possibly a tsunami, or some other major event of that sort which would have thrown up a large amount of debris all at the one time.”

Another mystery of the Fanore site is a series of upright, placed stones which appear to be the foundations of an ancient dwelling.

“The upright stones are from the period after the midden but they could be very early all the same. They are certainly earlier than the majority of major climatic events which have thrown up stones around the beach,” said Michael.

Excavation work will continue on Fanore beach for four weeks. The work is part funded by the Royal Irish Academy and made possible with the help of volunteers, including volunteers from the BurrenBeo Trust.

CLARE’S most senior garda has acknowledged the “widespread” problem of fuel theft in Clare.

Chief superintendent of the Clare Garda Division John Kerin said yesterday that gardaí had received an estimated 40 reports of fuel theft so far this year.

He said roughly 25 report referred to the theft of home heating oil while around 15 to 20 concerned theft of fuel from cars. He explained, “It is fairly widespread, right across the country and people are using sophisticated methods.”

Chief Supt Kerin was speaking at a meeting of the Clare Joint Policing Committee (JPC) in Clare County Council.

JPC Chairman Cllr Joe Arkins (FG) said people should not be tempted by offers of cheap fuel.

He said, “If the price is unbelievable then don’t believe it.”

Cllr PJ Ryan (Ind) said his business had been a victim of fuel theft. He added, “It seems to be on the increase over the last few weeks.”

The meeting heard that 54 neighbourhood watch schemes are currently active in Clare along with 41 Community Alert Schemes and 10 Business Watch Schemes.

Chief Supt Kerin said the gardaí are placing a “major focus” on establishing new scheme and revitalising existing ones.

He said, “The Business Watch Scheme on the industrial estate in Shannon is one of the very best I have ever seen. Crime has been reduced to virtually nothing.”

Concern was also expressed about the number of burglaries in Clare.

Chief Supt Kerin said 33 per cent of all burglaries occur as a result of people leaving doors or windows open.

Cllr Cathal Crowe (FF) said it was “soul destroying” for communities to see criminals with numerous previous convictions receive suspended sentences.

Labour TD for Clare Deputy Michael McNamara said gardaí could be freed up from court time if they a new system was introduced that would allow Garda seargents to give evidence of minor crimes.

THE search is on to locate the family of a Kilfenora couple who emigrated to America more than 160 years ago. An American-based descendant of Patrick Haverty and Anna Flannery – both from Kilfenora – is appealing to the people of North Clare to help them locate their Irish cousins.

Patrick Haverty married Anna Flannery in the parish of Kilfenora on May 2, 1850. The marriage was witnessed by a Pat Torpey. Shortly thereafter, Patrick moved to Detroit in Michigan and, within a few months, he sent for his wife Anna to join him. It is also possible that his wife’s sister, Anne Haverty Kennedy, also travelled to America to live with the couple in October of 1851.

Their marriage records, which have survived, are the only remaining evidence linking the family with their relation in Clare.

The American great-great-grandchildren of Patrick and Anna have contacted the Reach Out organisation, who are attempting to reunite the family with their Irish cousins.

Anyone with any information on the Haverty or Flannery families from Kilfenora are asked to contact Paula Kennedy on 086 0695152 or email pkennedy@irelandxo.com.

For more information on the Reach Out project, visit www.irelandxo. com.

THERE was an increase on the number of people from Clare seeking help from suicide intervention service Pieta House in 2011. 348 people accessed Pieta House Mid West’s centre in Mungret, Limerick. 54 people came from Clare.

Tom McEvoy of Pieta House in Clare confirmed the increase ahead of the service’s second annual ‘Darkness into Light’ charity walk in Ennis next week. There are currently 20 people on a waiting list for the centre.

Mr McEvoy said, “We have a waiting list unfortunately. That isn’t the way we want Pieta House to run because we were fortunate up to now that we were able to cope with the numbers of people coming in the doors. However, we had 15 and a half per cent of the total number of people availing of Pieta’s services last year from County Clare. That’s a firm statistic.”

Mr McEvoy said the service urgently needs funding to meet its goal of providing a centre within 100km of every person in the country.

“There was a gesture made through the lottery and health board. We got € 100,000 which partly paid off the debt that we have on Pieta Mid West, our facility there. It’s like scraping all the time for funding. Instead of having a figure that we can work with, we’re continually going for bits and pieces. It’s not good enough and I feel strongly that we need to drive harder for funding.”

The Darkness into Light walk starts at 4am on Saturday, May 12 at 4am. Registration takes place at Lees Road on Thursday, May 10 and on the day.