The Clare People Archive

MEMBERS of the Travelling com- munity who claim they were dis- criminated against in pubs in Ennis have taken a case “to assert their rights as normal citizens of Ireland to entry to licensed premises,’ accord- ing to their solicitor.

A total of nine cases are being taken against four public houses, under the Equal Status Act, at Ennis District Court. The Travellers claim that they were discriminated against in that they were refused service because they were members of the Travelling community and are seek- ing redress. A ruling on the case will be delivered next month, after Judge Joseph Mangan heard evidence over three days in court.

James Keenan, of 30 Childers Road, Ennis, is taking four cases – against Knox’s, Tom Steele’s, The Li- brary Bar and O’Halloran’s Bar. His cousin John Mongan, of 1 Drumbig- gle Road, Ennis, is taking three cases – against Tom Steele’s, The Library Bar and O’Halloran’s Bar, relating to incidents on November 8 last year.

Their wives, Theresa Keenan and Anne Marie Mongan, are taking one

case each against O’Halloran’s Bar. However, the pubs deny the allega- tions and are contesting the claims being made by the Travellers.

Previously in court, staff from three of the pubs gave evidence and refuted the allegations. Last week, staff from O’Halloran’s bar gave evidence. Liam McCannon said he was working in the bar that evening. He said that Mr Keenan was served by another member of staff. How- ever, when Mr Mongan ordered four drinks from him, he refused to serve him. Asked why he refused to serve him, he replied, ““Because he caused trouble in the bar before. It would have been roughly four years ago.”

He said on that occasion, Mr Mon- gan and others became “boisterous and loud” and Mr Mongan knocked over a table of glasses with his hands. He said he was “100 per cent” certain it was the same Mr Mongan who is taking the case against his bar.

The owner of the bar, Michael O’Halloran, told the court that Trav- ellers are served on his premises. “We have ‘Travellers every week- end, even last weekend. Anybody is served once people sit down and behave themselves and don’t misbe-

have,’ he said.

Making submissions on_ behalf of the Travellers, solicitor Andrew Darcy said his clients “are not here before the court solely for the redress of compensation. They wish to as- sert their rights as normal citizens of Ireland to entry to licensed premises. They have been subjected on numer- ous occasions to refusals in licensed premises in Ennis. They decided on this occasion to take a stance. They like to be treated as normal, equal people as they should be entitled,’ |aTemcy- HOR

He said that James Keenan was re- fused in Knox’s bar “because he is a member of the Travelling commu- nity.” He denied an assertion by staff at Knox’s that Mr Keenan had caused trouble there previously.

He said that Mr Keenan and Mr Mongan then went to Tom Steele’s bar, where “they were discriminated against again.” They then went to The Library Bar where they were not served “without good reason and jus- tification.”

He said that the two men and their wives then went to O’Halloran’s Bar where they were again refused ClenNece

However, Stephen Nicholas, solici- tor for Knox’s Bar, pointed out that the premises “do not discriminate against members of the Travelling community.” He said that a garda who was called to the pub that night recognised several members of the Travelling community drinking there. “The only people who are re- fused drink are those who are drunk or those barred previously. Of course, the underage are not served either,” he said. He said that Mr Keenan had caused trouble there previously and that was the reason he was not served on November 8.

John Rynne, solicitor for Tom Steele’s bar, said, ““To say they were not served because they are mem- bers of the Travelling community is an outrageous allegation. There are Travellers served in that bar every day of the week.” He said the family- run premises was strictly operated. ‘Any customer is entitled to a drink and if they are behaving themselves they will get it,” he said.

Daragh Hassett, solicitor for The Library Bar, told the court, “There are reputations at stake on both sides. There is money at stake. These cases Nom lorelelmpesleyelea’A

‘James Keenan and John Mongan played the system beautifully. They called gardai to each pub. They have told you it’s about taking stands. Most certainly it’s about money. If they wanted to take a stand, they would have gone down to the garda station the following day,” he said.

‘Both their wives submitted claims to Gerry Quinn (The Library Bar), but they were subsequently with- drawn because they couldn’t get their story right. If there’s anybody who concocted stories here it’s the plain- tiffs, from the beginning, middle and end,” he said.

William Cahir, —_—s representing O’Halloran’s Bar, said the premises was well-run and well established and said, “A publican has a right to protect his premises, a right to refuse people who have misbehaved on the premises on previous occasions. Mr O’Halloran dealt with the matter as expeditiously as possible in consid- eration of the gardai and the public.”

A POLISH man accused of punching another man in the face has had the charge dismissed after his legal team argued there was an issue with iden- WUAYAU Item OslomeL UU Toy U LE

Polish native Cezary Pachucy (27), of Bri na Sionna, Shannon, was accused of assaulting Cristian Du- mitrescu, in Shannon last year.

Mr Dumitrescu told Ennis District Court that he was walking towards his apartment in Shannon at 9.40pm on April 20, 2008. He said he saw two men and they were “zig zagging. I didn’t know if they were drunk or having fun. Their behaviour looked suspicious to me.”

‘“T couldn’t avoid them really. It was too late. One of them, who was a tall guy, he basically threw his fist into

my nose without any reason. He also said a bad word,” he said.

He said he was afraid that he would be further assaulted and continued on to his apartment, before reporting the matter at Shannon Garda Station. He said that he was brought by gardai to the town centre and he spotted the two men in Supermac’s. “I indicated to gardai these were the guys. Only one of them assaulted me,’ he said.

However defence solicitor Tara Godfrey said that her client denies hitting Mr Dumitrescu. She said the complainant took part in an “infor- mal identity parade” and never point- ed out the defendant to gardai.

He replied, “I pointed out exactly to the guy who hit me.”

Garda Gary Farrell told the court that Mr Dumitrescu had a red mark on his face when he arrived at the

garda station that evening. “I decided to take Cristian with me to find these males and identify them,” he said.

Ms Godfrey told the court that the garda had no notes in his notebook of the accused being pointed out by the complainant. She said there was a doubt in the case. “We are not say- ing this man wasn’t attacked. We are saying my client didn’t attack him,” she said.

Judge Joseph Mangan said the court has to be extremely cautious. “That is one of the cornerstones of crimi- nal law. There have been, in the past, extraordinary miscarriages of justice in relation to mis-identification. The evidence is too vague to identify the defendant positively,’ he said.

He said he was left with a doubt, “not the strongest doubt I’ve ever had, but I have to dismiss.”

SERIOUS questions have been raised over plans by Doolin couple, John and Helen Browne to develop a vistor centre at the Pol an I[on- ain cave which contains one of the world’s largest free hanging stalac- tites.

This follows an appeal to An Bord Pleanala from An Taisce, the Pol an Jonain Action Group and the owners of the rival Ailwee Cave over Clare County Council’s decision to grant planning permission for the visitor centre at Pol an Jonain.

In his appeal, An Taisce’s Herit-

age Officer, Ian Lumley said that the applicants have failed to justify the development and the council did not evaluate the application in an inte- grated manner by properly evaluat- ing cumulative impact.

‘Even if the water pollution issues were deemed to be resolved, there is a multiplicity of impacts including traffic generation and physical and visual impact of the proposed struc- tures and parking area.

“The fundamental difficulty of this application is that it completely un- dermines the entire basis on which the previous permission was granted which is that there would be no direct

visitor access of facilities to the site, the visitors being directed through a mini bus service via Doolin.

Mr Lumley states that the appli- cants failed to demonstrate that the park ‘n’ ride from Doolin was not workable.

In its appeal, the Pol an Ionain Action Group asks how could the planning authority which rejected a proposal on four very strong points of planning regulation in 2008 now grant full permission for a similar proposal one year later?”’

“We appeal to Bord Pleanala to try and understand the element of injustice we have had to endure as

participants in the planning proc- ess. While we regard the granting of permission in 2005 as a tragedy, we recognise the conditions laid down by Bord Pleanala limited impacts.”

The action group ask that the ap- peals board uphold the appeal and that all the reasons for refusal of permission in 2008 be upheld; all of our points of our objection to the council are soundly reasoned based on planning regulation and prec- edent and that An Bord Pleanala should uphold its own conditions of permission granted in 2005.

A decision on the appeal is expect- ed later this year.

Arrests after break-ins

CLARE hurling is bracing itself for an exodus of leading club players from the county over the next few weeks as they avail of a mid-season break from senior championship ac- tivity to ply their hurling trade in the North American Championship.

That’s what one leading club player told

MICKEY ‘Ned’ O’Sullivan knows more about Clare and its football than most. In the °80s, Clare Football Board chairman, Gabriel Keating, invited the Kenmare man across the Shannon Estuary to conduct coaching courses in the county.

It was in the early ‘90s that the fruits of those coaching initiatives were harvested in the Gaelic Grounds when Clare beat Kerry in the Munster rete

Mickey Ned knows all about that 1992 day too. It was his last day as Kerry manager.

In °91, Mickey Ned had led Kerry in from the cold to win a first Munster title in five years — a year on his bags were packed after Clare shook up the football world. Fourteen years on, Mickey Ned smiles about it all. It’s Mickey Ned’s way.

“I know from first had experience what Clare footballers are capable of in the Munster championship,” says the 1975 All-Ireland winning cap- tain. “That was then, now I’m back for more against Clare in the Munster championship and I’m looking for- ward to it.”

Much has changed in those 17 years. Clare aren’t shaking up the world any

more, while Mickey Ned is now a Limerick man and manager when it comes to football. And, a successful Limerick manager at that.

He’s been with them for the past four years, a term of office that can be explained away as something of a re- building process for the county.

The team that Liam Kearns built came tantalisingly close to winning the county’s first provincial decider since 1896 – the challenge for Mickey Ned was to build a new team to chal- lenge to uninterrupted duopoly that Kerry and Cork have enjoyed in Mun- ster for the past 16 years.

“The way it 1s, the only way we will

be judged is on the championship,’ he said after Limerick’s shock relegation to Division 4 in April.

That meant Tipperary on May 24 in Semple Stadium in Thurles, when the Shannonsiders edged past John Evans’ side that was cock-a-hoop af- ter winning Division 3.

“T told you not to count us out,’ he said after lowering the Tipperary col- ours. Now, he looking to Clare, but taking nothing for granted.

“Championship football is cham- pionship football – it doesn’t matter the opposition. Clare will have the advantage – they have had us in their sights for six months while we had Tipp. They have the benefit of seeing our strengths and our weaknesses. OIE Tccma a0 Ml olomn (oom a elt tcd seem vs (oA Ya OE AY @ had the benefit of dissecting us and looking at us.”

O’Sullivan believes that the pain of relegation in the National Football League was the catalyst for Limer- ick’s win in Thurles.

“The lads knew that they weren’t that bad and they were determined to show what they could do,” explained O’Sullivan in reference to the league relegation.

‘“That’s part and parcel of being in- volved in football,” said the manager of the criticism after the league. You are going to get stick and you have to turn it into a positive”’.

Limerick raced from the blocks and were 1-8 to 1-1 ahead at half time with Tipperary’s goal coming in in- jury time in the first half as Limerick dominated.

Then all went wrong as the lead was down to two points entering the final quarter.

“That was an outstanding first half – perhaps we were too far ahead at half time, the intensity begins to drop. Tipperary gathered momen-

tum and that is very hard to stop. At half time the big danger is to get lads head right because we went in with a similar lead in Kilmallock in the league and within 20 minutes Tip- perary had it down so we were very conscious of that.”

The Munster final will take place on July 5. If it’s Limerick v Kerry, the venue would be the Gaelic Grounds, while a Limerick v Cork final would be in Pairc Ui Chaoimh.

Of course, Clare are lying in the long grass, hoping to spoil the party.

www.clarepeople.com

THE family of Kay Cregan, who died after undergoing a facelift in the US, has been given the right to sue the anesthesiologist who was responsible for overseeing her operation.

Ms Cregan (42), from Croom and who had family connections in Kil- laloe, died after she underwent fa- cial surgery at a Manhattan clinic in March 2005.

The family is taking a case against the plastic surgeon who carried out the procedure, Michael Sachs, and that case is due to commence in the US on September 15 next.

The New York Supreme Court has now ruled that Ms Cregan’s husband Liam can also sue Dr Madhavrao Subbarao, a certified anesthesiolo- gist.

Last year, the case against him was thrown out. However, this decision was appealed and the ruling emerged last week. The judges at the Supreme Court decided that a jury should rule Whether Subbarao abandoned Ms Cregan after the operation.

Ms Cregan, a mother-of-two, had read about Mr Sachs in a newspa- per and travelled to New York for the procedure. She collapsed in Dr Sachs’ recovery room after she had received the facelift, which was to be a surprise for her husband.

She complained of feeling dizzy the morning after undergoing five procedures, including a facelift, eye- lid surgery, nasal reconstruction and chin augmentation.

She was taken to St Luke’s Roo- sevelt Hospital and her husband im- mediately travelled to the US. He was present by her bedside when the life support machine was turned off, three days after the facelift.

Ms Cregan was a senior executive with Limerick City Council.

Dr Sachs, who was dubbed “Dr Botch” in the New York media, had

been involved in more than 30 mal- practice cases since 1995.

The Cregan family is being repre- sented by medical malpractice spe- cialist, Waterford-born Thomas A Moore. Mr Moore is suing on behalf of Mr Cregan and his two sons.

A NEW purpose-built Dementia Day Care Unit at Clarecastle remains idle as sufferers await HSE funding to operate the service, a meeting in Clarecastle heard yesterday.

The unit was built in response to the growing number of people in the community diagnosed with the con- dition and anticipated future growth. It is designed to facilitate 25 people per day with mild/moderate demen- wee

According to management, the cen- tre was built at a cost of €850,000 with the Health Services Executive spending €486,000 on the project.

The remaining €364,000_ was sourced from a massive community fund-raising effort. It is planned to open the unit on a phased basis.

PaXCeOcennery Ke) management, €150,000 will be required to oper- ate the new service in year one. This will rise to €300,000 in the year two while €420,000 per annum will be required thereafter when the unit is functioning to full capacity, the meeting heard.

However, the HSE have disputed these figures and say that funding for the project was never guaranteed. In a statement yesterday, a spokesper- Son said,

“It is incorrect to state that the HSE has spent €486,000 on the Clarecas- tle ‘dementia centre’ project. Con- sistently, from late 2006 when the

project was being proposed up until the present date, the HSE has repeat- edly advised the Clarecastle Board that it was not in a position to provide revenue funding for any proposed new service. They were further in- formed that any increase in revenue provision would depend on develop- ment resources becoming available and our service priorities”.

The spokesperson — continued, “They have also been consistently advised that those individuals requir- ing specialist dementia services will continue to receive these services from the HSE provided specialist services or through the Alzheimer’s Society. Clarecastle and District Day care Centre Ltd receive substan- tial funding from the HSE (€481,000 in 2008) to provide daycares services for the elderly and we will continue to support these day centre activities. We have no new development funds and given the existing financial situ- ation do not expect to receive any in the foreseeable future.”

Reacting yesterday, Mary Morris- sey, Chairperson of the District Day Care Centre said she was disappoint- ed with the HSE’s response and that management stood over their state- ments.

The Dementia Unit is designed to complement the existing District Day Care Centre at Clarecastle, which was established in 1999. This community project provides services to older citizens in 12 parishes with

a population of 50,000 and within a ten-mile radius of the centre.

250 people per week currently avail of a broad range of services, which are provided by dedicated profes- sional staff and volunteers. About 25 of these suffer from some form of dementia. Yesterday’s meeting heard

that opening the new unit will also free up spaces in the existing day CP TCM OC NISK OMA. Y ONO UN ST-Ker- Mac UL ODOToMN DRE of 40.

“It is incredibly frustrating to see this state of the art building lying empty while there is a queue of peo- ple waiting to use it. Our day care

services with their high voluntary input save the State a fortune,” said Mary Morrissey.

THE baby of local authorities in Clare, Shannon Town Council is just 27 years old.

As Ireland’s only created town and the second largest town in the coun- ty, Shannon received town status on January 1, 1982 when Minister for the Environment Peter Barry signed Shannon Town Commission into be- ing.

Prior to its statutory status, a group called Shannon Alliance represented the concerns of the residents of the fledgling town in negotiations with Shannon Development and Clare County Council.

This Alliance group was made up of two representatives from political parties including Fianna Fail, Fine Gael, Labour and Sinn Féin. These representatives were nominated by their respective political parties.

On December 19, 1980 26 house- holders signed an application to have statutory town commission status granted to the town.

Then county manager Joe Boland, on the bequest of the then Environ- ment Minister Ray McSharry, con- vened a public meeting of the elec- torate of Shannon on April 10, 1981. The purpose of the meeting was to discuss the implications of Shannon being granted town status and to out- line the proposed boundaries of the OD e0r

The boundaries excluded the air- port, the Industrial Estate and Smith- stown Industrial Service Area. Fol- lowing numerous and _ protracted negotiations, the Smithstown In-

dustrial Service Area was included within the proposed Shannon Town boundaries.

A poll for the consent of the elec- torate of Shannon to have town sta- tus conferred on the town was held on October 21, 1981. The majority favoured the application.

Shannon’s first town clerk Tomas MacCormaic was appointed on March 4, 1982 to a position he re- tains to this day. Just one week af- ter Mr MacCormaic was employed the first election for Shannon Town Sree OMI eRe lor

There were 26 candidates in that first election and of the nine elected just one remains a member of the council today — Cllr Patricia McCa- MN OWs

While some things have remained constant for the local authority in Shannon there have also been sig- nificant changes, not least its change from Shannon Town Commission to Shannon Town Council under the Mere eounilolmatae

Within the last year changes have also been made that will have a major affect on the upcoming town council elections. On January 1, 1,000 more people became part of the electorate as the boundary was extended from 1,105 hectares to 1,274 hectares.

As well as implications for the elec- tions and increased election quota, the extended town area will also have a huge affect on the local budget.

Last year, in its application to have the boundary extended, Shannon Town Council, supported by Clare County Council, stated that the ex- tension to the existing town was logi- cal given that the residents of the area strongly identified with the town.

The extension means that approxi- mately 350 residential homes and 20 commercial businesses are now add- ed to the town as the boundary has

been extended to include Ballycasey -ViCemoy-Varseeleumectea 0p

Despite its extension Shannon Town Council still does not have the same powers as Ennis and Kilrush town councils.

Among the powers still retained by Clare County Council is that of plan-

ning and planning decisions.

For those involved in the ever in- creasing and developing town coun- cil it is hoped that this change 1s soon on the horizon.