The Clare People Archive

TWO men who decided to buy a house between them finished up in court, with one accusing the other of eeu

But the case against Warren Tully (27) of 8 Mountshannon, Labash- eeda, was stopped when the alleged victim of the fraud, James O’Connor, from Ballybeg, Clarecastle took the stand.

Stephen Coughlan BL, prosecuting for the State had earlier told the jury that Mr O’Connor had been compen- sated for an industrial accident.

He and the accused wanted to buy a house together and O’Connor trans- ferred €70,000 and, later, €28,000 into an account which Tully had set

up for that purpose.

“Matters came unstuck and Mr O’Connor became dissatisfied and said he wanted his money back,” Mr Coughlan told the Ennis Circuit Solitan

He told the jury that €10,000 was returned and further sums of €25,000 and €10,000 were handed over after the gardai became involved.

Mr Tully denied charges of theft of €70,000 and deception in relation to the €28,000.

When Mr O’Connor took the stand to give evidence, he said that he wanted “to drop the charges. I’m just sick of it at this stage”.

With no evidence from the State to offer, Judge Rory O’Donnabhain struck the case out.

A MAN who provided “short, sharp breaths” into an intoxlyser machine after he was arrested on suspicion of drink driving has been accused of “trying to fool” the machine.

Tony O’Leary (53), of Lower Quay, Liscannor, was convicted of fail- ing to provide a breath specimen to gardai, at Ennis Garda Station.

Garda Michael Sweeney told En- nis District Court that he was at the Garda station on November 9, 2007,

when another garda arrived with the accused who had been arrested on suspicion of drink driving.

Garda Sweeney said he started a 20 minute observation of Mr O’Leary.

He said he demanded a breath specimen. “He started providing a breath specimen. He gave a short, sharp breath, which was insufficient, twice,’ said the garda.

“IT informed him on numerous oc- casions he was to take a good deep breath, but he kept providing short, sharp breaths. He provided a breath

specimen roughly four times. He failed to provide a breath specimen. He was giving short, sharp breaths, which were insufficient for the intox- lyser,’ he added.

“Mr O’Leary didn’t indicate any reason to me why he wasn’t able to provide a breath specimen. I felt he was able to provide a breath speci- men. He just wasn’t providing it for us,’ said the garda.

Defending solicitor Siobhan Mc- Mahon said her client “wasn’t given the option of blood or urine, which

he would have been willing to pro- vide.

‘He is charged with failing to com- ply with the requirement to provide. It says nowhere about sufficiency. He proceeded to provide at least four times,” said Ms McMahon.

Inspector Tom Kennedy said it was the State’s case that the accused “was deliberately avoiding blowing prop- erly into the machine, as opposed to being unable”.

Mr O’Leary told the court he did “everything that was required of ine ome

“I blew into the apparatus on a number of occasions. I suffer from high blood pressure, I have a chest infection,’ he said, for which he was on a lot of medication.

He said, however, he did not tell this to the garda.

Inspector Kennedy put it to him that he was “trying to fool the machine”’. to which he replied, “I wouldn’t agree with that at all.”

The inspector replied, “You are coming in here today trying to get yourself off on a failure on your part to properly breath into the machine as required. You thought you would fool the machine by conveniently not giving it enough breath that it could analyse.”

Ms McMahon said her client lost a leg in a serious accident some time ago. He is on unemployment assist- ance and earns €25 a week busking at the Cliffs of Moher.

Judge Joseph Mangan heard he had a previous conviction for drink driv- ing in 2001.

He banned him from driving for six years and fined him €1,250.

JUNIOR minister Tony Killeen has OED AoxO MO OToM(O)0 GOs DITMUDNLOlorU RAN. ConmEN the mid-west to promote the use of renewable energy technologies.

Speaking following his visit to the annual Sustainable Energy Ireland (SEI) Energy Show, Minister Kil- leen said that the region had played a leading role in the growth of the country’s thriving sustainable energy orca

“Householders, business owners and local authorities across the mid- west have, in many respects, set an example for other regions to follow in relation to embracing the potential of renewable energy technologies,” he said.

“All we need do is look at the work of the Limerick Clare Energy Agency and the Tipperary Energy Agency, which are supported by the mid-west’s local authorities, to real- ise how important it is for the region to embrace the potential of renew- able energy.

“Renewable Energy Skills Skill- net has also played a pivotal role by upskilling and certifying renewable

energy installers, which has boosted consumer confidence in the standard of installations being provided,” he Sr BKOE

“The Energy Show is by now well established as Ireland’s biggest an- nual showcase for the sustainable energy sector.

‘Anyone who walks around the ex- hibition hall will get a sense of the enormous growth and vibrancy in the sector.”

The minister said that the mid-west would again highlight the region’s considerable role in promoting sus- tainable energy when the County Clare Wood Energy Project hosts a national seminar and open day next Neto

He pointed towards a recent Gov- ernment study showing that it was feasible for Ireland to generate 42 per cent of its electricity supply from renewable resources by 2020.

‘Meeting the wider target of achiev- ing 16 per cent of our overall energy needs from renewable energy sourc- es will require significant investment from both the Government and the private sector,’ concluded Minister OU one

COMMUNITY interest = groups across Clare are being invited to have their say on the drafting of a new heritage strategy for the county.

Clare County Council, in conjunc- tion with its partners, is currently developing the second Heritage Plan for County Clare covering the period 2009-2013.

The Clare Heritage Office will for- mally launch the public consultation process at a major heritage confer-

ence next Thursday and Friday at the Templegate Hotel in Ennis.

The event will feature presentations on such issues as funding, commu- nity heritage, built heritage, natural heritage, networking and communi- cation, and the effectiveness of the Clare Heritage Plan since its intro- duction in 2003.

“It is imperative that the new herit- age plan reflects the needs and views of all of the people of County Clare,” said Bernadette Kinsella, Director of Services, Economic Development

and Planning, Clare County Coun- oF

“It 1s important that we are made aware of ideas, comments and con- cerns relating to networking and communication, opportunities for funding, the needs of communities and individuals to carry out a local heritage project, best practice guide- lines, access to heritage sites and ad- vice on built and natural heritage.”

Ms Kinsella added that the upcom- ing conference would provide com- munity interest groups with the ideal

opportunity to learn more about the new heritage plan, as well as a range of other heritage-related topics and TEStS1 Ueae

The event will include addresses by Junior Environment and Energy Minister, Tony Killeen and John Gittins of the Cheshire Landscape Trust, along with representatives of various community organisations from across Clare.

“We have built up a considerable network of community contacts since 2003 and we will be consulting with

all of these people in relation to the formation of the new heritage plan.

“The conference presents a tremen- dous opportunity for members of the general public to have their say on the formation of the plan,” said Con- gella McGuire, Heritage Officer with Clare County Council.

Information is available from the Heritage Section of Clare County Council at 065-6821616, heritage @clarecoco.ie or www.clare- coco.ie. The closing date for submis- sions is Friday, June 16 at Spm.

THE overpayment of road work- ers over a six-year period by Clare County Council was missed both by internal and external auditors be- fore eventually being discovered at central Government level, it was re- vealed yesterday.

Speaking at last night’s meeting of Clare County Council, the Mayor of Clare, Patricia McCarthy (Ind), stat- ed her disappointment that the error was not picked up earlier, at local au- thority level.

The overpayment amounted to more than €500,000 over six years, and Deputy County Manager, Tom Coughlan, also confirmed last night that the local authority would not be seeking to recoup the money.

“Tt is disappointing that neither the internal or the external audit system picked up on this error,’ Mayor of Clare, Patricia McCarthy said.

“It was in the human resources sec- tion of the department that this error was found and that is something that is regrettable.”

Deputy County Manager, Tom Coughlan, confirmed last night that because of the amount of workers involved and the length of time, the local authority would not be seeking to recoup the money.

‘This was an error in the methodol- ogy and that is why it was not picked up quickly and was compounded over the years,” he said.

“It should not have happened but

when it was discovered, the council moved once it found out to resolve the situation. If it had been a once- off discrepancy, it is policy of Clare County Council to recoup the mon- OV ‘Because this situation was ongo- ing and involved a large number of people it was decided not to try and recoup the money.”

Councillors Martin Conway (FG) and PJ Kelly (FF) have recently been appointed as public representatives on the council’s external audit com- mittee and have given a commitment to reporting on the workings of the committee to the general council.

“I’m glad that there is not going to be an attempt made to recoup this money. The road workers in this county are a very hard-working and committed bunch,” said Cllr Con- WENA

“We have had two meetings with the audit committee and we’re not satisfied with the reporting proc- ess. We will put together a charter of what is going on at that meeting, and we suggested that this charter be presented to the regular meeting for consideration by the general mem- bers of Clare County Council.”

Independent councillor Gerry Flynn raised fears over whether a precedent of not recouping errors had been put in place while Cllr Christy Curtin (Ind) called for the local authority to send out a message that the finances of Clare County Council are in good hands.

THE Director of Public Prosecution (DPP) is preparing to bring charges against an individual or individuals involved in an alleged parking charg- es scam at the Cliffs of Moher.

This was confirmed yesterday by Deputy Clare County Manager, Tom Coughlan as part of an overall

presentation on the local authori- ty’s budget at last night’s meeting of SE Selina Seltineee

Speaking at the meeting, Mr Coughlan stated that it was not pos- sible, for legal reasons, to confirm exact details of the alleged scam.

He did, however, confirm that the incidents took place before 2006 and had been investigated both by Shan-

non Heritage and the Gardai.

“The council was not happy that the income taken in from the car park at the Cliffs of Moher matched the us- age of that car park. This incident took place during the period when Shannon Heritage were in charge of managing the parking facilities and an investigation was carried out by Shannon Heritage,” said Mr Cough-

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“Following this investigation, the gardai were contacted who under- took their own investigation. A file was then sent to the DPP who have confirmed that they will be bringing proceedings in the case.

“Clare County Council has since taken over full operations at the Cliffs of Moher and we will strive

to ensure that the facility is managed to the highest standards into the fu- ture.”

Parking facilities at the Cliffs of Moher have been the source of much controversy in recent years. A number of bus contractors threatened to boy- cott the centre as a result of increased charges last year but have since come to a deal with the council.

CLARE County Council is to hold a special meeting in relation to a se- cret High Court settlement it reached with a couple over a planning appli- orale

ONMU KIM ONEAOlMMeOLeneleoD mealeroinentcamGuens PJ Kelly (FF) said it was necessary that a meeting be held in relation to the matter in the interests of “open- ness and transparency”.

It is understood that the matter re- lates to a secret High Court settle- ment that the council reached with Bernard Madigan and Mary Keane who instituted legal proceedings against the council after they were refused planning for 31 homes at a site outside Inagh in April, 2006.

Last year, the council finally grant- ed planning permission for the re- vised development and the site now has been put up for sale through John Vaughan Auctioneers with a guide price of €2 million.

The council approved the plan hav- ing regard to the zoning of the land, its intended use and the pattern of development in the area, conclud- ing that it would not seriously injure amenities and be in accordance with the proper planning and development of the area.

At the council’s March meeting, county solicitor, John Shaw declined

to reveal the settlement terms of the High Court case.

In response to a motion by Cllr PJ Kelly, he said the matter was one in which there was a confidential-

ity agreement which had not been waived by the other side.

“The case is settled and I am still not at liberty to disclose the terms of settlement in an open manner. I am happy to discuss same and disclose them in detail to individual council- lors privately or at a closed meeting of the council in committee,’ he said.

“While I want to be as open as pos- sible with members of the council, I have an obligation to protect the con- fidentiality of this agreement. In this regard and in an effort to be of assist- ance to the councillors, I can say that ultimately there was no financial loss to the council.”

However, at last night’s meeting, Cllr Kelly expressed his disatisfac- tion with the reply and said that he didn’t want to enter into a confiden- tiality agreement in relation to the information he may learn and may not like.

“T will reserve my position on con- fidentiality until the full details are put before me,” he said.

Seconding the motion, Cllr Martin Lafferty said he would be seeking a full report from the council’s Direc- tor of Planning, Bernadette Kinsella, in relation to the matter.

MEMBERS of Clare County Council yesterday pledged their full support for a project which aims to preserve the unique landscape of the Burren and provide a living for its farmers.

aVMseleDupeslOvelmeU Avon Corl Mbereas rk immepecd elm members of the council heard pres- entations from Dr Brendan Dunfort, Director of the Burren Life Project and Ruari O’Conchtir, who heads the Burren Producers Group.

Both speakers outlined the aims and objectives of the five-year Bur- ren Life Project, which has another 16 months to run.

The project has aimed to identify ways in which the unique nature of the area can be preserved while pro- viding a living for its farmers.

After the years of work and re-

search already done, Dr Dunfort told members that “this time next year, we will have a blueprint for the best management of the Burren into the future”. Mr O’Conchuir told the members that the Burren Producers Group has the potential to become an employer in the area, giving jobs to 12 people within the next three years and providing a quality product in Burren beef and lamb, putting added value back into the economy.

Cllr Martin Conway (FG) proposed that the director of Planning and Economic Development should meet with the two speakers “to see what Clare County Council can do to sup- port their excellent work”.

He agreed to make the request a formal motion for the next council meeting when asked to do so by the chair, Mayor Patricia McCarthy.

SENATOR Ciaran Cannon from south Galway yesterday began his first official day as leader of the Pro- eressive Democrats by pledging to rebuild the party and by leaving the door open to defeated presidential candidate, Fiona O’ Malley.

Mr Cannon, who narrowly lost out on a seat in the Galway East constitu- ency in last year’s general election, joined the PDs in 2003 and was one of Taoiseach Bertie Ahern’s appoint- ments to the Seanad last year.

The 42-year-old former county councillor narrowly beat Fiona O’Malley in a leadership contest in which just over a third of the eligible membership of the party voted.

In his first official statement since becoming leader, Cannon indicated that he would consider appointing his leadership rival, Fiona O’Malley, as deputy leader for the party. He has also indicated that he plans to scrap the position of party president, for- mally held by Tom Parlon.

“In a parliamentary party of four people, I don’t know whether this position is needed — my gut feeling is that I will be working very closely with members of the parliamentary party,’ said Senator Cannon.

‘*T want to see a strong role for Fio- na and if that title of deputy leader strengthens her hand, I would be willing to give it to her. We’ll have to see how the next few days of discus- sions pan out.”

Fellow Galway politician, Progres- sive Democrat TD Noel Grealish, said that he would be willing to do the new leader’s bidding if any senior posts were in the offing.

“It’s all at the discretion of the new leader to appoint a deputy. If he ap- proached me, I’d certainly consider it but it’s Ciaran’s prerogative,’ he SHKOe

Canon’s political career began in

2004 when he was first elected as a county councillor in Galway.

He was widely tipped to gain the fourth seat in the Galway East Con- stituency but fell well short, gaining

just 3,321 first preference votes.

THE champagne flowed amid the glitz and glamour of the foyer of the West County Hotel on Saturday night – and this was even before the official proceedings of the night kicked off.

It was the prologue to Avenue Unit- ed’s big party to celebrate 25 years that took the form of a champagne reception.

As the bottles were uncorked, there were Samba dancers on hand to add a little bit extra colour to the occa- sion.

Then the long night that stretched

into the late morning hours began in the Liam McCarthy Suite.

It all took place 25 years to the day that Avenue United was established – it was 12 April, 1983 and time had now raced on to 12 April 2008.

The maiden voyage was in Mickey Kerins’ bar in Lifford with a meet- ing chaired by Gerard ‘Paddlers’ O’Grady from Marian Avenue. What to call the club was one of the most important items on the agenda. Some said Marian Rovers, the mouthful of Boreen Rambling Rovers had a few supporters, but in the end Avenue United was adopted unanimously.

Paddlers lives in Mayo now, but just as he journeyed down to the old town for the launch of Ollie Byrnes’