The Clare People Archive

A WELL-KNOWN peace activist is seeking legal costs against the Director of Public Prosecutions (DPP) after the State failed in a criminal prosecution against him.

A charge against Edward Horgan (68) of failing to obey the direction of a garda to leave the vicinity of Shannon Airport was dismissed at Ennis District Court on Tuesday.

Judge Mary Larkin dismissed the charge against the retired Irish Army commandant and prominent anti-war campaigner following an application from Mr Horgan’s barrister, Brian McInerney.

Mr Horgan, with an address at Charnwood, Newtown, Castletroy, Limerick, and his co-accused Tim Hourigan (38), with an address at Cedar Court, Kennedy Park, Limerick, both denied a charge of failing to obey the direction of a garda to leave the vicinity of Shannon Airport on October 13, 2013.

The charge alleged the men were loitering without lawful authority or reasonable excuse in a public place in circumstances, which gave rise to reasonable apprehension for the safety of persons or for the maintenance of the public peace.

However Counsel for Mr Horgan applied to have the charge dismissed on the grounds that the direction given by Garda Thomas Downey of Shannon Garda Station in a car park on the day in question was “vague in the extreme”.

Garda Downey encountered the two men in a car park near Shannon Airport that was closed to the public, the court heard. He told the court he had gone there after receiving information that two people were in the car park. Garda Downey said he asked the men to leave the area. However Mr Horgan and Mr Hourigan said that when they enquired what area they had to leave, Garda Downey told them “Rineanna South”.

Counsel said this was a “colossal area”. In his application, Mr McInerney said, his client did not know the area from which he had to leave and that failure to comply with a direction that was “vague and imprecise” is not a criminal act.

He said no civilians were present during the brief exchange so a breach of the peace could not have occurred.

Mr Hourigan, who represented himself in court, also applied for a direction from the Judge.

Judge Larkin dismissed the charge against both men, saying there could not have been a reasonable apprehension for the safety of persons or the maintenance of the public peace.

Mr McInerney said he was compelled to seek costs against the DPP. He said he had advised the Gardaí beforehand of the issue existing in the case but the DPP had still decided to proceed with the prosecution.

Judge Mary Larkin said, “I have never been in a court where the court has made an order for costs against the DPP.”

She adjourned the matter to July 16 for submissions from Counsel.

A TOTAL of 2,682 Clare teenagers are registered to sit state exams from Wednesday.

As the sales of lucky rabbits feet, Mass cards and holy medals peak this week, 1,393 Leaving Certificate students from the county face their final tests in exam halls all over Clare.

A further 1,406 students will face state exams for the first time as they begin their Junior Certificate Examination, also beginning on Wednesday morning.

In addition, 67 Leaving Certificate Applied candidates will also complete their exam, which is made up of continued assessment.

And while many parish churches throughout the diocese of Killaloe are assisting with last minute divine inspiration with early morning masses on the morning of the first exams, nature is also playing its part with wet muggy weather promised for the early part on the examinations.

More male than female students are registered to sit the Leaving Certificate in Clare this year, with 664 girls and 729 boys scheduled to take the exam.

As many as 36 of the 67 students doing the Leaving Certificate Ap- plied in Clare are also male.

The gender balance of the number sitting the Junior Certificate in Clare is reversed however with 714 female students and 687 male students signed up for the exam.

Nationally some 118,673 candidates will take their seats in 4,962 examination centres countywide to begin their Leaving and Junior Certificate examinations.

From the June bank holiday weekend, over 4,962 superintendents involved in supervising the written examinations will take possession of the boxes containing the 3 million examination papers that are required by candidates over the 13 day exami- nation period. Over 4,000 examiners will be involved in examining the work presented by candidates in the written examinations. This is in addition to the some 2,000 examiners required to mark the exams.

The examinations run until Thursday, June 19, for Junior Certificate subjects and Friday, June 20, for Leaving Certificate subjects. The written examinations in the Leaving Certificate Applied programme finish on Thursday, June 12.

The results of the Leaving Certificate examinations will be available on Wednesday, August 13. Results of the Junior Certificate will be available in mid-September.

AN EXCLUSION zone will be put in place around Doolin Pier later this week as a series of planned explosions will be detonated.

The blast work is the first major step towards the reforming of the pier area in preparation for the construction of a new pier to serve the area.

Some blasting is due to take this Thursday and Friday, June 5 and 6, weather permitting an exclusion zone will be implemented for the area while this work is being carried out. The exact location of the exclusion zone is not yet clear but it will be established to ensure that no people or property are hurt or damaged in the works.

Construction work on a new € 6 million pier got underway last month and it is expected to be completed by the middle of next year with Kilmaley-based construction company, L&M Keating, carried out the complex build.

A new pier for Doolin has been in the pipeline for more than a decade but the development was subject to an extended planning process following objections by local surfers who felt the pier would damage local waves.

When completed the pier will be used mainly to facilitate ferry activity between North Clare and the Aran Islands and the Cliffs of Moher during the tourist season while the existing pier will be available to accommodate other activities – both leisure-based and otherwise.

The new pier will also ensure that Doolin is accessible in all tidal conditions, which will be of particular benefit to Doolin Search and Rescue as well as the ferry operators – who current have to transship passengers onto their boats at low tide.

The pier is expected to attract tens thousands of new tourists into make North Clare their tourism hub in the years to come. With nearly a million people visiting the Cliffs of Moher each year, it is hoped that the pier will encourage a large portion of these people to stay in Clare, instead of travelling in day bus trips from Dublin.

LAZARUS Investment Limited have lodged a fifth major planning application for the development of construction projects formally proposed by the Atlantis Development Company in North Clare.

The projects, which are all located in the Doolin and Liscannor area, had been granted planning permission before the collapse of the Celtic Tiger but have never been devel- oped.

The latest proposal by the North Clare-based company involves the extension of planning permission for the construction of a four-house development at Coogyulla in Doolin.

This follows similar planning application in recent week which could see the creation of a park and ride facility to the Cliffs of Moher, a major development of Egan’s and McHugh’s in Liscannor and a the construction of a new supermarket development in Doolin, if they get the go ahead.

According to documents obtained from the Company Registration Office (CRO), local businessman John Declan Flanagan, with a company address at ‘The Mermaid’ in Liscannor, is the director of both Lazarus Investment Limited and the Atlantis Development Company.

The company’s application for the construction of a park and ride facility connecting Liscannor with the Cliffs of Moher could be contentious. Lazarus Investments Limited have already lodged an objection to plans by Clare County Council to develop the existing temporary car park at the Cliffs of Moher Experience. A planning decision on this project was due last month but no formal decision has yet been announced by the local authority.

Lazarus are also looking to revive plans to develop two of North Clare’s iconic pubs – Egan’s and McHugh’s in Liscannor.

This plan involves the demolition of a storage area and toilets at the back of Joseph McHugh’s and a storage buildings at the back of Egan’s and the extension of McHugh including a new storage area, lounge, toilets and an open smoking area. The development will also see the construction of a seven bedroom hostel, five apartments and four commercial units.

A separate application involved outline permission for the development a supermarket, crèche, medical centre and a chemist at Killilagh in Doolin, as well as the construction of five houses.

THE Diocese of Killaloe is preparing to welcome a new priest to the area next year following the ordination of Michael Geraghty as a deacon at an ceremony at St Patrick’s College in Maynooth last Sunday.

Reverend Geraghty was one of 15 students who were ordained by the Cardinal of Ireland, Sean Brady, at the ceremony on Sunday, the largest number of deacons ordained in Ireland in recent years.

Reverend Geraghty is the only deacon ordained to the Diocese of Killaloe this year and there was no deacon ordained to Clare’s other diocese, the Diocese of Galway, Kilmacduagh and Kilfenora.

This is the final step in Michael’s journey to full priesthood and he will be formally ordained into the priesthood for service in the Killaloe Diocese in the summer of 2015. Michael, who is a native of the Parish of Birr in County Offaly, has spent time working in the parish of Ennis in recent years as part of his on-going training.

“It is with great joy that we celebrate the ordination of 15 men to the diaconate especially today on the Feast of the Ascension of the Lord. On behalf of all of us here in the formation and learning community which is Saint Patrick’s College Maynooth, I congratulate our 15 ordinands and wish them every happiness and blessing in their forthcoming diaconal ministry,” said Monsignor Hugh Connolly, the President of Saint Patrick’s College Maynooth.

“May each of them experience God’s grace afresh in their hearts so that they will courageously proclaim the Gospel in both word and deed and go out to serve the people of God in their various dioceses with care and compassion.”

AS THE time has past to remove all election posters and plaquards from the county’s streets and roads, some candidates have complained that discarded posters are miraculously appearing again.

During the run up to the local and European elections there were the usual complaints that posters were removed from where they were positioned by campaign teams.

Now as the last votes have been counted “silly season” is setting in again as once disappeared posters are reappearing.

Forgotten election posters still on posts and polls will cost candidates € 150 per poster from now on.

Such fines are issued by Clare County Council’s Environment Department.

In a bid to avoid such fines some candidates have taken to social media asking people to report any sighting of posters.

Ennis Labour candidate Seamus Ryan was particularly disturbed that a poster he removed from Abbey Street a week ago was back again a day later.

“I found one that had been put up on a pole in Abbey Street car park by someone other than a member of my campaign team.

“I know it was put up by someone other than us for two reasons.

“Firstly I personally removed the poster from that very pole on Monday last.

“Secondly no candidate puts the cable ties to the front of the poster, it blocks the name,” he said, publishing a photo of the offending poster on Facebook.

“This is a level of pathetic vindictiveness we really don’t need in local politics.

“Somebody really wants me to get a € 150 fine (that’s per poster), if you see any more up please let me know,” he appealed.

Election poll topper in Shannon Cathal Crowe (FF) was equally concerned about his posters remaining up the poll.

He was among a number of local election candidates using the new communication of social media to remove the more traditional form of communication.

TALKS to decide who will serve as Mayor of Clare during the next five years were deadlocked last night as Fine Gael and the Independents battled it out for their share of the spoils, with Fianna Fáil as the largest party guaranteed the council chair for two years.

Under a power-share agreement drawn up in 2004 and adhered to ever since, each political grouping within the council takes on the role of mayor and chair of Clare County Council.

The number of years any particular group has the hot seat is relative to the number of members it has in the council chamber.

For the last 10 years this has broken down into a system that allowed Fine Gael the chair for two years, Fianna Fáil for two more and Independents and others one year.

Following last weekend’s local election, the so-called Technical Group – made up of Independents and Sinn Féin’s Mike McKee – have eight seats, the same number as Fine Gael. The Technical Group now argues that it has as much right as Fine Gael to the chair of the council for two of the five years ahead.

As Fianna Fáil has 12 of the 28 county council seats, under this agreement it is expected to hold the mayorship for two years.

The only decision to be made is whom will it nominate to the role.

Sources close to the party say that there are elements within it pushing to put newcomer Clare Colleran Molloy into the chair within the next two years, just in time for the General Election.

Many believe that the new councillor and barrister would be the ideal candidate for the party during the national election. However, there are a number of returning Fianna Fáil councillors who also feel they are entitled to the role given their number of years service and experience.

The first meeting of the newly elected Clare County Council takes place this Friday at 3pm.

JUST minutes after Ian Lynch was deemed elected to Clare County Council for the first time, Fine Gael co-ordinator Jim Madden shook the Independent councillor’s hand.

The former Fine Gael man had been unsuccessful at the party’s convention last November and decided to go it alone in an attempt to secure a seat for the town of Kilrush.

Shortly after he realised that ambition, the outgoing Kilrush town councillor and new county councillor promised “to shake up” the new county council.

Asked if his election was Fine Gael’s loss, Cllr Lynch said, “I don’t know whose loss it is; it is a gain for West Clare. I put myself forward. I was always going to run the race. People voted for me and my job is to serve the people. Parties shouldn’t come into this level of politics. Parties are for a bigger arena. I put myself forward as an Independent candidate and I got elected to the seat as an Independent and I have a lot of work to do now,” he said.

His former colleague on Kilrush Town Council Marian McMahon Jones (FG), who was eliminated on the fourth count, also wished the new councillor well, saying she was happy that the town of Kilrush had a candidate.

Cllr Lynch believes his work on the town council helped his work, but realised it was always going to be an uphill battle for a newcomer to be elected in the West Clare area, where nine sitting councillors were going for eight seats.

“The last few weeks of the canvass were crazy. I am not sure who was pregnant there for a while, me or Rene,” he said referring to his partner, whom he has promised to take on a long weekend away to make up for his absence over the last number of months.

FIANNA FÁIL has returned to party political dominance in Clare County Council and with the support of the three Independent councillors of Fianna Fáil origin, the party could take control of the chamber.

Councillors Michael Begley (Killaloe), Cllr James Breen (Ennis) and Cllr PJ Ryan (Shannon) are well positioned to be king-makers, or in this case mayor-makers, in the new 28 seat council.

Although the party increased its overall first preference vote by just .2 per cent, its representation on Clare County Council has increased from 34.4 per cent to 42.8 per cent. In the 2009 local election Fianna Fáil won 11 seats in a 32 member council. In 2014 the number increased to 12 in a 28 seat council.

Director of Elections for the party in Clare Gerry Reidy believes with a bit more vote management the party may have even secured two more seats and brought the number to one seat short of an overall majority.

“We had great potential to get two more seats. If we had managed the vote that Cathal [Crowe] got better, and he got an amount of that from the Cratloe area, we could have got in Pat O’Gorman because he was only beaten by a short margin of votes,” he said.

“Cathal is a brilliant campaigner, and it is only afterwards when you see the benefit of his work you think we might have had a different conversation about some of these places.”

The Fianna Fáil man also questions how the party did not win a seat in Kilkee and were beaten to that seat by a Government councillor.

“There is a lot of controversy in Kilkee over the damage the storms have done and Pat Keane would have highlighted constantly, but you have the situation where the councillor that was in the Government Party got in, and the councillor in opposition did not.”

While congratulating the 12 Fianna Fáil councillors, Mr Reidy said he was also aware of those that were not elected across all parties and none, and was aware of how difficult that was on them and their families.

The party lost just two casualties in the election – Cllr Brian Meaney who was elected a Green Party councillor in 2009 but transferred to Fianna Fáíl in April 2013.

Cllr Pat Keane also lost his seat in the new West Clare Electoral Area.

HE MAY have been close to the relegation battle in West Clare, but Bill Chambers (FF) was never likely to be left without a seat when the music stopped. After a long day at the count centre at the West County Hotel, and an even longer six months of campaigning, the Cooraclare man said he was never really doubtful of losing his seat, but he was a little nervous.

“It was a great day, I’m delighted. I would like to commiserate with my two colleaugues Oliver Garry (FG) and Pat Keane (FF),” he said.

“We have been in the council together now for a lot of years, they are two gentlemen and I’m really sorry that they have to leave us. As for myself, I wasn’t really that doubtful about I [being re-elected], but I was a bit nervous.”

Chambers has also called for all of the newly elected or re-elected councillors in the West Clare area to work together to serve the need of the massive constituency.

“It’s a completely new council now. Our electoral area has nearly trebled in size from what it was and the town council is gone in Kilrush. We’ll have to focus on looking after Kilrush and the rest of the West Clare areas. But in particular Kilrush, with the council gone, and Kilkee as well has also lost a town council,” he said.

“I will be appealing to the eight councillors to work together. The eight councillors will have to perform and get West Clare on the map, promote industry and tourism.”