The Clare People Archive

THERE have been calls for Clare County Council to impose a freeze on commercial rates ahead of its an- nual budget.

The calls come as figures reveal that ratepayers in the Kilrush area are the highest contributors to Coun- cil coffers. Businesses in Kilrush, including the ESB at Moneypoint, contributed just over €11, 668,657 so far in 2008. Shannon was next on the list with ratepayers there cough- ing up just over €11, 324,000.

Ennis contributed €1,405,612, Ennistymon just over ©2 million and Killaloe just over €3 million. The total amount collected so far is €33,672,149.

Cllr Gerry Flynn, who put forward the motion requesting a comprehen- sive rates report for Clare, challenged the county manager Alec Fleming to introduce a rate freeze as a vote of confidence in businesses operating in a turbulent economic climate.

Mr. Fleming said all options would be considered when the Council pre- pared its annual budget.

He also revealed a seven per cent CU KeyoMDeMBAbNOCDUOToaN COvumssloMCCOLEDNCCUME-DUIT ing out of the budget. Mr Fleming said that a two per cent payment due to the Council would not be fully re- ceived until early 2009.

“The seven per cent is going to cause an amount of problems for us. It leaves us with a considerable shortfall.”

Mr Fleming said he recognised the contribution of the commercial sec- co) e

“Tt will be difficult to come up with a balanced budget, but we will do it.

We will bear the commercial sector in mind,’ added Mr Fleming.

Cllr Patricia McCarthy (Ind) said it was important that the effects of the economic downturn on Shannon air- port be considered when taking into account the level of commercial ac- tivity in Clare. She said the issue of job losses was already a serious and daily concern in the area.

Cllr Tom Prendeville (FF) said that despite the major contribution of west Clare ratepayers, the region still lagged behind other areas of the County when it came to services, 1n-

frastructure and political representa- wlOne

Speaking later on a motion put forward by Cllr Pat McMahon (FF), calling for the date of the budget to be brought forward, Cllr Tony Mulc- ahy (FG) warned tough budgetary measures would be needed.

Cllr Mulcahy said the Council was facing a Serious shortfall in finances. “It’s not going to come from devel- opment contributions, or rates. So we better come prepared with a package for wage cuts or job losses. You can’t borrow money to pay for wages.”

COMPONENTS of a pipe bomb, a revolver, a round of ammunition and cannabis resin were seized during a major operation involving 30 gardai in Shannon last Thursday evening.

Gardai believe there were plans to assemble a bomb and it would be launched in Limerick, as part of feud-related activity. The items were found during searches of two rented houses in the Drumgeely area of Shannon – one at Slaney Park and the other at Fergus Road.

The revolver was found concealed in a hedge at the back of one of the houses and was, like all the other items taken, sent for technical exam- ination to garda headquarters. The amount of drugs found at the scene was understood to be small.

A 27-year-old Limerick native was arrested at the scene and was taken to Ennis Garda Station for question- ing. Several other people were in the houses at the time of the operation, but no-one else was arrested. The suspect was later released without charge and a file is being prepared for

the Director of Public Prosecutions, who will decide whether charges will be brought.

The searches were carried out as part of a massive garda operation, 1n- vestigating criminal activity in Lim- erick and Shannon. Thirty gardai – from Ennis, Shannon and the re- gional armed support unit – were in- volved in the operation.

“What we found was component parts so there was no danger to any persons.

“We suspect it would be going in to Limerick, when assembled,” said a

Garda spokesman.

The house at Slaney Park was pre- served overnight and further search- es were carried out there on Friday. However, nothing of evidential nature was recovered the following day.

This operation follows several complaints from members of the public in Shannon about activity in a number of rented houses in the town over the past number of weeks.

Gardai have been monitoring the situation and say their investigations into last Thursday’s operation are continuing.

ALARM, chaos and anger. That was the reaction among residents in Shan- non as word filtered through that the components of a bomb were discov- ered at a house in the town last week. The very idea that somebody in the town could consider, and worryingly, get their hands on such deadly equip- ment has caused grave concern.

Gardai have made no secret of the fact that this find was related to crim- inal activity in Limerick and was in- tended for use in the city. This is not the first time that concern in Shan- non in relation to Limerick has been aired in recent weeks.

The people of Shannon, through their elected representatives, have vehemently opposed the relocation of criminal elements from Limerick into Shannon. A debate by Shannon town councillors last month later danced its way into the national me- dia. The message was clear. Shannon would not play host to criminal ele- ments from Limerick.

A priest in Moyross took exception to comments from some councillors and wrote to Shannon Town Coun- cil to voice his concerns. But Shan- non councillors held firm: they will accept non-locals – as the town has regularly done for decades – but only those without criminal connections.

Troublemakers are not welcome.

Fuel was added to the fire when a riot broke out at a birthday party in a licensed premises in Shannon a number of weeks ago. Punches were thrown, glasses were fired at random and regulars at the pub were forced to flee for their own safety as all hell broke loose.

The people of Shannon do not want to see this type of activity in their back yards. People who have lived in the Slaney Park and Fergus Road housing estates for several years were scared when the area became a maze of Garda vans, patrol cars and detec- tive branch cars on Thursday night of last week.

They were initially unaware of what was going on. As the significance of it emerged, locals were horrified. Al- though reservations have been aired about unsavoury elements moving in to the area, nobody could have envis- aged what took hold last week.

As the Garda investigation into the startling discovery continues, lo- cal fears intensify; they are fearful that further incidents will take place in the immediate vicinity of their homes. The safety they have enjoyed in their homes for decades has been transformed to terrifying fear. As Limerick’s problems spread to Clare, it is the people of Shannon who are forced to bear the brunt.

CLARE bookmakers will be forced to close up shop because of the hike in betting duty imposed in the budg- et, the [Irish Bookmakers Association (IBA) has warned.

The association spokesman was commenting on what he described as the “irrational and disastrous de- cision to double the rate of Betting Duty” from one per cent to two per cent in last week’s budget.

“This move will immediately force the closure of sole trader bookmak- ers and make it extremely difficult for small companies to survive,” he HOR

The IBA is seeking an urgent meet- ing with the minister to discuss the matter and has called on him to re- verse the decision.

While understanding the difficult situation facing the country, the spokesman said, “it must be recog- nised that far from being in the na-

tional interest, this anti-business and anti-consumer move will result in even greater losses to the Exchequer and the economy. It penalises small independent businesses to the benefit of online and telephone gambling which is operated through offshore companies making no contribution whatsoever to the State.”

The IBA pointed out in it’s state- ment that since 1999 the bookmak- ers’ share of the Irish gambling market has fallen from 91 per cent

to about 50 per cent. By contrast, an analysis of Paddy Power’s most recent financial data shows that 53 per cent of its operating profit comes from non-retail sources like online and telephone gambling – with no contribution to the State.

“Betting Duty is unique in Ireland as the only double taxation levied on any business in any sector,’ the spokesman added.

Irish Bookmakers Association Chairperson Sharon Byrne said,

“The IBA is fully committed to the national economy and the support of the Horse and Greyhound Racing Fund, but increasing an already un- fair tax which will drive small opera- tors out of business is not the way to achieve these objectives.

“We have proposed a number of measures including the capture of online gambling revenues and the introduction of modern technologies to allow independent bookmakers to compete on a level playing field.”

A BLISTERING attack has been launched on budget measures which will see disability allowance cut for people aged 16 to 18 and taxes which will increase the cost of disabled peo- ple using a vital link to the world.

The Clare Network of the People With Disability in Ireland pointed out that a disability severely hampers young people in their efforts to get 00 .e

‘This is an outrageous decision that marks a u-turn on disability policy,” said PwDI’s Network Support Of-

ficer Dermot Hayes .

“Rather than cutting away the in- come of the most vulnerable in Irish society the Government should have moved to implement the 12-year-old recommendation of the Commission on the Status of People with Disabili- ties to introduce a Cost of Disability payment, based on the fact that peo- ple with disabilities have higher fuel, transport and general cost of living expenses than the rest of the com- munity.”

He added “The cut is a mean spirit- ed, penny pinching move that should be rescinded.”

Similarly, people with disability are worse affected by the hike in motor fuel prices, he said.

‘The increase in motor tax on all non-electrical cars may adversely af- fect people with disabilities. Those with adapted cars who live independ- ently heavily rely on their vehicles as a means of transport. We would call on the minister to introduce special exemptions from this measure,” he SrHKG

Hayes added that the budget deci- sions “reflects a deep lack of under- standing of the needs of individuals with a disability and their families

and it is in direct contravention of the Government’s promise to protect those most in need,” he said.

On the basis that the minister has said that the Disability Allowance is under review at present, “it makes no sense whatever to cut the allowance before that review is complete,” the PWDI representative said.

He also expressed concern on med- ical cards changes. “If all those over age 70 are going to be means tested then the Government must allay fears and guarantee that there will not be a backlog of people waiting to be tested.

INCOMING president of the INTO, Corofin native Declan Kelleher lashed out at budget measures which will affect class sizes in his presi- dential speech at the weekend and he was supported by Bishop of Killaloe, Willie Walsh.

Speaking to 450 delegates at the Presidential dinner in the Falls Ho- tel in Ennistymon, Kelleher said he “could not allow the week to go by without reference to the devastating, and savage attack on the education of

our four to 12-year-olds by Minister Brian Lenihan aided by Education Minister O’ Keeffe.”

He described a post-budget state- ment that cut backs would have no negative effects on primary school children as “mind boggling. What planet is the Minister for Education living on? Promoting four year olds from being in the second largest pri- mary classes on the entire continent of Europe to being in the largest and most overcrowded of all is a direct negation of all that the vital years of early childhood education in our in-

fant classes stand for,’ he said.

He asked how it would be possible to educate primary school children “in herds” and still get them to real- ise their potential.

“And how do you protect the child with special needs, with learning dif- ficulties or the child without English as a first language in the context of overcrowded, stifling, unsafe and un- hygienic classrooms?”’

Wishing the new INTO president well in his office, Bishop Walsh said that the “last week has radically al- tered the landscape in relation to the

economy .

‘The fear is that the budgetary con- straints will have a hugely negative impact on the provision of primary education. I am particularly aware of the immensely valuable work that our teachers have provided through language support for our new Irish. Our schools and teachers have of- ten been the first face of welcome to this country. Equally they have often been among the first providers of in- tegration into the local communities. I fear greatly that this work will be hampered and diminished.”

A SHANNON man has applied to a court not to have his family’s court cases reported in the media – howev- er he was told the court does not have the power to make such a ruling. The application was made _ by Michael James McDonagh (34), of Ballymurtagh Halting Site, Shannon,

at Ennis District Court on Friday.

Mr McDonagh’s wife Kathleen (33), of Cronan Lawn, Shannon, was in court the previous week on public order charges and this was reported in the media.

In court on Friday, his solicitor Tara Godfrey said Michael James wanted to make an application to the court on behalf of himself, his wife and his

IeNOOvENe

‘He is taking exception to the fact that the papers reported on him. He wants to make an application to you on that,’ she said.

“He doesn’t want his cases to be reported on in the press,” said Ms CrerelsKay

However, Judge Joseph Mangan said the only case he was interested

in was the case before the court, where Kathleen McDonagh was ac- cused of breach of the peace at Bal- laghboy halting site, Quin Road, En- nis, on October 8 last.

“I have no power to make that or- der,’ he said.

The judge then asked Ms Godfrey, “How did your client find out there was something he didn’t like in the

paper if he can’t read?”

The solicitor replied, “It must be from looking at the pictures.”

Earlier, Mr McDonagh was ordered to stop reading a newspaper in the courtroom.

“When told by the judge he was not allowed to read the newspaper, he replied, “I’m just looking at the pictures.”

TWO months elapsed before a sam- ple of urine was tested for the pres- ence of drugs at the Medical Bureau of Road Safety, due to the Christmas backlog.

SUiiMoselucemnre meebo MmmClebubercams ele case of an east Clare man, accused of driving under the influence of an intoxicant. While his urine sample was sent away for analysis just days after he was stopped by gardai, the test for the presence of drugs did not take place for two months.

Niall O’Gorman (21), of MHur- lestown Meadow, Broadford, was charged with the alleged offence, at Hurdlestown, Broadford, on Novem- ber 23, 2007.

Garda Joe McGlynn told Ennis Dis- trict Court that he was carrying out a checkpoint shortly before midnight on Friday, November 23, 2007.

He said that a car was driven around a bend at great speed and in an er- Teele Com eaten evele) m

He stopped the driver, Mr O’Gorman. He said he got a strong smell of cannabis from him, his speech was slurred and his eyes were glazed.

He searched the car and found a half joint of cannabis in the ashtray. He brought Mr O’Gorman to Killa- loe Garda Station, where he provided a sample of urine.

The following Monday, the garda sent the sample by registered post to the Medical Bureau of Road Safety. On December 20, he received a certificate from the Bureau, which

stated the result for the presence of alcohol was ‘nil.’ Three months later, on March 20, 2008, he received no- tification from the bureau, indicating the presence of cocaine class and cannabis class in the urine.

Defending solicitor Daragh Has- sett said his client denied that he was travelling at speed. He said his client accepted that he had smoked canna- bis in the past.

However, he said the accused would deny that his speech was sounding slurred.

‘He didn’t say that was his joint. There were two people in the car,” said Mr Hassett, to which the garda replied, “No he didn’t, but I got the smell of cannabis from his breath.

“Judging by his driving initially, then the presence of cannabis in his car and the smell of cannabis from his breath and the presence of ash on his clothes would arise my suspi- cions,’ said the garda.

Mr Hassett asked the garda did he make a recommendation for the sam- ple to be tested for the presence of ora b ees

The garda said he asked the doctor to write it on the certificate which was Sent to the bureau, “to try and as- sist the Medical Bureau. I was under the impression the driver was driving under the influence of drugs.”

Mr Hassett then called two witness- es from the Medical Bureau. One of them, Grainne Harrington, said she received the sample of urine in the post on November 27, 2007, and be- gan testing it on December 12.

She signed off on the analysis on

December 20 and sent notification to Mr O’Gorman and also to the garda the following day.

She said the sample had not been immediately tested as “we are ana- lysing many, many samples every Chae

She said that while samples are awaiting testing, they are stored in refrigerators and said the time span would not be unusual.

Ms Harrington said that the sample returned a reading of ‘nil’ for alcohol and was then passed to a colleague to test for the presence of drugs.

Mr Hassett then asked her why the test for the presence of drugs did not take place for three months. She said the bureau was extremely busy over

the Christmas period.

Four or five scientists work on drug analysis, while six or seven are em- ployed in the area of analysis for al- cohol, she said, and the work is d1- vided out.

Susan McDonald, also from the bureau, told the court she tested the sample of urine between January 28 and March 20, 2008.

Mr Hassett put it to her that there was almost two months of a gap be- fore the sample was tested for drugs. She said this analysis was com- pletely different to the analysis for the presence of alcohol. Analysis for the presence of seven different drug classes takes place.

“There are lots of different proc- esses involved,’ she said.

“Two months and one day had elapsed before you began to test this sample. This is not in compliance with Section 19 which calls on the bureau to carry out a test as soon as is practical,’ said Mr Hassett.

She replied, “It was done as soon as was practical. Other samples were being tested.”

She said samples were stored in re- frigerators while they were waiting to be analysed, “so the content of the specimen is not in doubt.”

Asked by Inspector Tom Kennedy, prosecuting, had there ever been any difficulty with a sample due to the lapse of time, she replied, ““There has been no difficulty with analysis.”

Asked did the wording, by the doc- tor, on the sample, have any signifi- cance on the test, she said it hadn’t.

Inspector Kennedy said the critical

issue was that the sample remained good.

“It’s in accordance with procedures and that’s what is there,’ he said.

However, Mr Hassett said it was incumbent on the gardai to get the samples off to the bureau and for the bureau to analyse the specimens as quickly as possible.

‘Ms Harrington appeared to suggest the delay in the certificate of analysis was due to the Christmas backlog. I don’t think the Road Traffic Act had that in mind, sure there will be a lot of drink drivers at Christmas. There is a delay of three months here for a positive drug analysis,” said the so- licitor.

Judge Joseph Mangan then recalled Ms McDonald, asking her, “Am I to understand this sample stood in a queue for two months and one day for no other reason than there were other samples to test?” She said that was the case.

Inspector Kennedy then said the defendant had not been disadvan- taged by the delay.

“The State has six months to bring a case like this,’ he said. However, Mr Hassett disputed this.

“Of course there is prejudice. He got a certificate in December to say the sample was nil (for alcohol) so he assumed he was out of the woods. He was prejudiced by receiving the cer- tificate three months later,’ he said.

Judge Mangan said he would de- liver a ruling on the charge later this month.

FORMER Killaloe-based doctor, Paschal Carmody is to face a retrial on 11 charges of obtaining money by false pretences from terminally ill cancer patients.

Ms Carmody (60), of Ballycugga- ran, Killaloe, went on trial at Ennis Circuit Court, earlier this year, ac- cused of 25 charges in total.

At the end of a five-week trial in July, he was found not guilty by a jury on six charges. The trial judge, Rory McCabe directed that he be found not guilty on eight charges, while the jury failed to agree on 11 Ol omen Nexoe

SW slow ret -LAKMM Wem A (oOo) Cou Koe ml py:(e.< to the Director of Public Prosecu- tions, who would decide if he was to be retried on the 11 outstanding charges. Limerick Circuit Court was told last Tuesday that Mr Carmody will face a retrial on the 11 charges. Judge Carroll Moran heard that the prosecution would be seeking to have these case heard in Dublin. This application will be heard in court in December. The 11 charges relate to sums amounting to more than ©30,000, obtained from three cancer patients and their families who visited his clinic in Killaloe, between Septem- ber 2001 and October 2002. They were John Sheridan from Kil- kenny; John James Gallagher from Westmeath and Conor O’Sullivan, a 15-year-old boy from Co Wexford. All three died within a relatively short period of time of receiving treatment at the East Clinic. Mr Carmody had denied obtaining money by falsely pretending that he would cure the terminally ill cancer patients through photodynamic ther- “lO ae a DADE

FOLLOWING on from their All-Ire- land Junior success last month, Clare camogie is on the cusp of moving up the senior ranks for 2009. At a met- ing of the Cumann Camdogaiochta na nGael in Croke Park on Monday there was support for a proposal from the Clare Camogie Executive to move up to senior.

After several meetings over the past number of weeks, including a forum with the players, the executive felt that it was in the best interests of the future of the game in the county that

Clare should enter two teams, one at senior and one at intermediate level in 2009.

Official sanction for the move would allow for an operating panel of up to 40 players, ensuring that more play- ers will get championship experience and further develop the standard of camogie in the county.

With a new management team due to be ratified by the December Coun- ty Board meeting, this move to em- brace senior competition is deemed to be a progressive step on the road to future development for the emerg- ing county.