The Clare People Archive

CAOIMHIN Nolan, inspector with the EPA told the court that Chemi- floc’s licence specifies that the com- pany can emit treated waste gases to the atmosphere, in specified concen- trations and from a nominated stack.

After the company contacted the EPA to report the incident, Mr No- lan made a site visit and was told that the emission happened because the cooler which keeps the temperature down in water used to scrub gases had tripped out.

He told the court that having stud- ied a video clip and pictures taken of

the gas cloud, along with information about what process was going on at the plant at that time, he had con- cluded that the emission was one of Nitrogen Oxide.

“T studied the video in slow motion, frame by frame. It shows the plume (of gas) rising from ground level. This was an indication that smoke was being emitted from a source other than the stack,” he said.

The inspector said that the orange and red colour of the plume was typi- cal of that gas and he used the depth of the coloration to judge the concen- tration.

Under cross examination, Mr Nolan

agreed that the plume had dispersed without causing further incident. The court heard that the company had commissioned an independent report which estimated that the gas was present in a more dilute form than Mr Nolan had estimated.

The inspector agreed that the pros- ecution before the court referred to an alleged breach of the company’s licence with the EPA and not any breach of legislation.

He did not agree with counsel for the defence, who argued that there “can be no breach involved because no actual measurements (of the amount of gas emitted) were taken.”

A PLUME of coloured smoke ema- nating from a plant in Shannon prompted fears that it would lead to poisoning or an explosion and led to panic.

That was according to a garda, who attended Chemifloc, after reports that a plume of smoke was coming from the premises.

Garda Pat Keating told the trial that he received a call at around 5.25pm on May 24, 2007, suggesting that a lot of smoke was emanating from the Chemifloc premises. He was travel- ling from Ennis to Shannon at the time.

He arrived at the plant a short time later. “I could see heavy red/orange smoke bellowing from the plant. The smoke was coming out of a stack. It was very low. It was spreading to the Ballycasey residential area,’ Gda Keating told Ennis Circuit Court.

“IT was seven or eight miles from Shannon when I saw the smoke,” he added.

He said he went to the plant, where the gates were closed.

‘The smoke was thick. My primary concern was for the people that were around. I was genuinely very wor- ried. The kind of smoke’ we never saw anything like it before,’ he said.

He set up road blocks at the two main entrances to the estate. He told the jury he could remember the inci- dent very clearly.

‘People were coming up to me pan- icking. I didn’t smell anything. The colour of it was so unusual, I was fearful of poisoning or an explosion,” he said.

He said he got the all-clear at around 6.30pm and then lifted the road blocks.

Michael Kiely, a fire officer, also attended the scene that evening. He told the court that there was a “yel- low cloud over the plant”, which was travelling towards the town centre, “the residential side of Shannon.”

He said he spoke to one of the op- erators, in an effort to ascertain what was going on. “He said one of the

scrubbers had shut down and they were putting this material in to help neutralise it,’ he said.

He said the colour of the “cloud” later changed to clear. A number of witnesses who saw a plume of smoke that evening also gave evidence.

Michael O’ Sullivan, who was work- ing in an engineering plant in Smith- stown, said he saw smoke “pretty low down, it wasn’t very high.”

Darren Gardiner, a machine opera- tor in Shannon, said he was on his way home from work when he saw a plume of smoke.

“T could see that the plume of mus- tardy coloured smoke was emanating from a facility in the industrial estate. I couldn’t identify exactly which stack within the Chemifloc plant that it was emanating from,” he said.

He said there was no smell from it.

Another witness, Brendan Potter, who also works in Shannon, told the court he could see smoke coming out of Chemifloc. “The smoke was so thick you couldn’t actually see through it,” he said.

THE prosecution case in the trial of a Shannon company accused of breaching its licence is to conclude today.

Chemifloc Ltd, of Smithstown In- dustrial Estate, Shannon, is accused of failing to comply with the terms of an integrated pollution control li- cence granted to them by the Envi- ronmental Protection Agency, in that it caused or permitted emissions to the atmosphere contrary to the pro- visions of the licence, on May 24, 2007.

At the outset of the trial at Ennis Circuit Court, company director Hil- lary Lawless pleaded not guilty to Neem Du Mon

Opening the case to the jury, coun- sel for the State, Stephen Coughlan

BL, said that an integrated pollution control licence was issued to Chem1- floc on October 10, 2006 and it would be alleged that this was breached the following May.

‘There is no question of pollution in this case at all, nothing to do with the case. It is all to do with breach of a licence. The breach has to do with emission levels,’ he said.

“People working or on the estate saw a large deep red plume of smoke coming from the Chemifloc premis- es,” he said.

He said it would be alleged that the emission levels exceeded what was allowed under the licence. “The emissions were far higher, far great- er,’ he said.

TWO youths have pleaded guilty to a string of charges arising out of a spate of crime in east Clare and south Galway that culminated in a major search involving two dozen gardai.

A 17-year-old youth pleaded guilty to nine charges, while a 15-year-old boy pleaded guilty to eight charges, at Ennis Circuit Court last week, arising out of several incidents on April 30 last.

Both admitted burgling a business premises in Sixmilebridge and an- other premises in Quin. The two also admitted damaging a car by fire in Gort and stealing building items in

Sixmilebridge.

The 17-year-old also pleaded guilty to allowing himself to be carried in one stolen car in Limerick and an- other in Cratloe; unlawful possession of a car in Gort; and possession of a set of ignition keys with the intention that it be used in the course of an of- fence, at Meelick.

The 15-year-old admitted stealing a car in Limerick; allowing himself to be carried in a stolen car in Gort and unlawful possession of a car in Quin.

Sentencing in the case was ad- journed and Judge Sean O Donnab- hain directed that probation reports be carried out.

A COURT has heard allegations that a garda was set upon and struck to the face and head.

Arising out of the alleged incident, Alan Black, with an address at Ard na Mainistreach, Quin, is charged with assaulting a garda and public

order, at Shalee Drive, Cloughleigh, Ennis, on April 12 last.

Sergeant Joe Donoghue told En- nis District Court that a number of gardai were at the scene of an inci- dent in Cloughleigh.

He said it would be alleged that one of the gardai was “set upon by Mr Black and received blows from Mr

Black to the face and head.”

He said the garda had to be taken to hospital and is still undergoing treat- ment for his injuries.

Judge Joseph Mangan declined ju- risdiction of the case and it will now go forward to the circuit court. The case was adjourned for preparation of the book of evidence.

A YOUNG man who attacked a Supermarket manager in Shannon has been handed a three-year jail sentence, one year of which 1s sus- joer aXe Cereb

Dominic Hayes (18), of Inis Ealga, Shannon, admitted assaulting John Cleary at Dunnes Stores, SkyCourt, Shannon, on February 1, 2008.

Sergeant Michael O’Connell told Ennis Circuit Court yesterday that since this incident, Hayes has been

convicted of possession of drugs and assault, in the district court.

Hayes has spent the past month in prison, having been remanded in custody on this matter.

Defence Counsel Lorcan Connolly, BL, said his client did not enjoy the experience, but it afforded him the chance to “reflect” on things.

The court heard previously that Hayes has a violent temper and Mr Connolly said his client is willing to participate in an anger management programme.

Judge Carroll Moran said the ap- propriate sentence was a three-year term.

However, he suspended the final year.

He said he would have suspended the entire sentence if Hayes had stayed out of trouble and if he had co-operated with the probation serv- ice, adding “but that doesn’t arise”.

AN IRANIAN refugee who admit- ted stealing thousands of euro worth of jewellery from 23 homes in Ennis has been handed a suspended jail reese

In May, Ali Reza Velayati, (40), of Avondale, Kilrush Road, Ennis, pleaded guilty to 23 burglary charg- a

He admitted taking jewellery worth €53,020, along with cash — €1,280; $US5,500; £300 sterling and 140 Litas — a digital safe and sports bag, on various dates over a seven-week period between September 19 and November 8 last year.

When evidence was heard in the case last month, Judge Carroll Mo- ran warned the accused that he may face three years in jail. At Ennis Cir- cuit Court yesterday, Judge Moran said he was taking factors in the case into account in imposing a suspend- ed three-year sentence. He noted that Velayati has no previous convictions, co-operated with the probation serv- ices and that he suffers from depres- sion.

Defence counsel Lorcan Connolly BL told the court that his client has spent two spells in custody in rela- tion to this matter.

Judge Moran said that Velayati had “invaded on the privacy of 23 homes. It’s an intrusion into the private lives of people, even where the houses were unoccupied.” He said the ac- cused had packaged the jewellery “in a certain way which was quite unu- sual.”

He suspended the three-year jail term for three years and bound Ve- layati to the peace.

The homes were burgled in sev- eral parts of Ennis, including Col- lege Green, Abbey Court, Elm Park, Victoria Court, Odakpark, Bramble Lane, Inis Carraig, Gleni- na, Lifford, Tobartaoscain, Ard Aoi- bhinn, College Grove, Fergus Lawn,

St Senan’s Road, Cahercalla Estate, Glensheen, Ard na Greine, Clon Road and Shannon Park.

An investigation got underway af- ter gardai were receiving reports of burglaries on a daily basis.

The homes, which did not have alarms fitted, were targeted during the daytime. The houses were ran- sacked and jewellery and cash was taken. All of the houses were tech- nically examined, but no forensic

evidence was found. As the investi- gation continued, gardai were noti- fied about suspicious behaviour in the town on November 8&8, after two houses located close to each other were broken into. Two gardai, Ser- geant John Cunningham and Garda Cyril Page were involved in a chase, which culminated in the arrest of the accused in the garden of a home.

He was arrested but would not dis- close any information to gardai and

told them his name was Fred. However, the day after Velayati was arrested, his wife reported him miss- ing and through the identification photograph she brought to the garda station, his identity was established.

THE attempted abduction of three young girls in two separate incidents has prompted gardai to issue a warn- ing to parents across Clare.

Efforts are being made to trace a bearded man, aged around 40, in a black jeep, after young children were approached by a man offering marshmallows, in two different loca- tions last week. The startled young girls were approached in Droma- drehid and Kilnamona.

Two reported incidents are the sub- ject of a garda investigation. Gardai say they are keeping an open mind on whether the incidents are con- nected and have appealed to the public to report any similar sightings immediately.

CLARE County Council has re- neged on a near quarter century old promise to provide a home for Clare Camogie at Doora. The local author- ity gave a commitment in 1985 that the Clare Camogie Board would be given stewardship of a pitch in Doora once all remedial work on the former landfill had been completed.

However, at Monday’s meeting of Clare County Council it was revealed that any pitches developed at the site would be open to a number of sports and managed in a similar way to the development at Lees Road.

A motion on the issue was put forward by Cllr Joe Arkins (FG) and Cllr Pat Hayes (FF) at Monday night’s meeting.

‘The Camogie Board does not have call on any pitch in the county. They have fundraised for different clubs at different times but once it comes to organising a fixture it’s a different Situation,” said Cllr Arkins.

“My understanding was that they would have their own pitch and it was our hope that the Clare Camogie Board would have a home to call their own. They can’t keep playing second fiddle to clubs like this for- ever.”

Speaking on the motion Cllr Hayes called on the local authority to hon- our “the commitment that was given to the Camogie Board”’.

Cllr Patricia McCarthy (IND) who was present for the 1985 decision called on the local authority to re- consider their options.

“What is outlined here in not what was agreed by the council on the day. Lees road was never mentioned at the time — it didn’t even exist at the time. The agreement was made was for a ground for their exclusive use in Doora,” she said.

The council proposal involves the development of two pitches on Zone 1 of the old dump in Doora. A pro- posal to include ladies football as part of any compromise deal was also shelved on Monday.

WHEN the dust had settled and the rain had dried up, Mike McNamara felt he knew where Clare fell down in their quest to get past the challenge of Galway.

Openly, McNamara cited a higher work-rate from the eventual winners as the main difference between the two sides.

“We thought the big difference was that their work-rate was probably higher than ours. But then as you have seen with this Galway team, they have moved towards a strong work ethic. It’s probably paying divi- dends and it remains to be seen will it pay the final dividend.”

According to McNamara, Clare had put in enough foundation over the past few weeks to merit a strong- er showing on Saturday.

“We had looked good for the last couple of weeks. Training was really, really superb and they were playing really, really well. Because of that I would have thought that a big per- formance was on the cards today. But we seemed to struggle in key areas and we seemed to get the match plan wrong. We tried to adjust as we did against Tipperary and the adjustment

went well against Tipp but today it didn’t go quite as well.

“When I looked at the scoreboard with five minutes to go, I think it said 1-15 for Galway and 1f somebody had told me that this morning I would have thought we would have been on the right side of a win.”

Given the conditions, McNamara felt the wind changed directions dur- ing the game which didn’t exactly help Clare.

“The breeze went the other way for the second half for some strange reason. I don’t know, the breeze actu- ally changed at half-time which can happen in this type of weather. We actually had a very happy dressing room at half-time. Maybe we were not playing as well as we would like but yet we were well in the game. They [Galway] were poorish in the first half as well – they had a lot of bad wides and so had we. So I don’t know really.”

Speaking in broader terms, McNa- mara pointed out that Clare must now look at the structures in place with a view to ensuring the county remains competitive in the future.

“We will have to look at the whole structures and why our level of con- sistency 1S so poor. We have loads

of fellas who drop their heads when they shouldn’t. We need players who should be able to contest with the best and aren’t contesting with the best so we will have to look at the whole area really.”

He was also critical of the fact that Clare must now face into a relegation battle this weekend.

“T don’t know what they [GAA hi- erarchy| are doing really. When you are out of the championship, you are out of the championship so what the hell are they doing? I know all those lads want to do 1s go away from their hurleys for a week or two. They are more disappointed than anybody else and most of them are disappointed in the way they played. And then someone comes in and makes the big announcement that we are up again 1 Cop.4 Mets), eae

Hopefully, for Clare, the Wexford game will produce the one competi- tive win that the county has been seeking for the entire season.