Month: May 2007

AN anti-war activist has been told by a judge that the district court is not an arena for making political NR eet elie

Judge Aeneas McCarthy made the comment in the case of Conor Cre- gan, who 1s facing two charges un- der the Air Navigation and Trans- port Act, arising out of an incident at Shannon Airport in July 2006.

Mr Cregan (34) of Cronan Lawn, Shannon made eight applications at Shannon District Court on Thurs- day.

The accused, who represented himself in court, said he was look- ing for CCTV footage from the date of the alleged incident.

The judge said whatever evidence in the possession of the State should be handed over.

Mr Cregan made a number of oth- er submissions 1n court, which were refused by the judge.

He sought a detailed list of all those refused entry to the airport

and a list of the military traffic which went through, eight weeks prior to and after the invasion of Iraq.

He also sought a detailed list of gardai and airport police personnel who manned the gantry on a par- ticular date and copies of all note- books and disciplinary records of gardai and airport police staff who would give evidence in the case.

Judge McCarthy said he was refus- ing the applications, saying, “This court is not for the purpose of mak- ing political statements. The matter before the court is charges in rela- tion to you. The court is not obliged to give you information on foreign aircraft arriving in Shannon.”

Mr Cregan said he was not endeav- ouring to make a political statement and that the matters pertained to the charges. Judge McCarthy said he had refused all applications on the grounds that they were not relevant to the matters before the court.

The case was adjourned until next month.

ALLOWING a dangerously defec- tive lorry on the road when it wasn’t road worthy was an “accident wait- ing to happen”, according to a judge.

Patrick Buggy (53), a haulier from Kyle, Stradbally, Laois, was convict- ed of a number of offences, after one of his drivers was stopped at Killula, Newmarket-on-Fergus, on Novem- ber 2 last.

He was convicted of being the owner of a dangerously defective vehicle, of having recording equip- ment which was not functioning cor- rectly and having an unlicensed semi oem

The court was told that two tyres on the tractor unit were completely worn and the diesel tank was not properly in place.

Garda John Ryan told the court that the tachograph was inspected and showed the vehicle had been driven at 120 kilometres per hour, when the maximum speed for this vehicle should have been 90kph.

Judge Aeneas McCarthy said the vehicle presented a huge danger on the road, driven at high speed with no threads and the diesel tank was not properly secured.

“To send a truck out on the road with those defects beggars belief that a reasonable person could do that. It’s an accident waiting to happen. This was a dangerously defective truck, driven at high speed. It could have caused a major accident and killed people,’ he added.

“There is carnage on the roads. If there was an accident, I don’t know what could have happened. This ve- hicle wasn’t road worthy. It was so unroadworthy the garda impounded it. I wouldn’t be doing my duty if I didn’t disqualify him,” said the judge.

He imposed fines totalling €2,250 and disqualified Mr Buggy from driving for six months. He fixed re- cognisances in the event of an ap- peal. He issued a bench warrant for the arrest of the driver, who 1s from Lithuania.

THE Annual Financial Statement for Clare County Council for 2006 shows a positive operating result of om ceueeELetF

The report shows that the result, taken together with the reduction of corporate loan repayments of €0.9 million, reduced the cumulative rev- enue deficit of the council to €2.9 million.

The reduction of the corporate loan is an accounting adjustment required to reflect the principal repaid on the loan since it was drawn down in late 2003.

The council had additional income of €7.2 million which arose primari- ly from the roads and infrastructure area where additional allocations of €4.5 million were received in the year.

Income received from planning applications came in €0.7 million

above budget.

Income from the council’s waste management facility was down €0.75 million as compared to figures anticipated at the council’s half-year report for 2006.

Fire certificate income contributed an additional €0.2 million and water and waste water connection fees con- tributed €0.5 million.

In addition to these figures, €47.9 million was received in respect of rates local government fund and LOTT AIA Yael t-Nuexer

Expenditure on roads was €5.9 mil- lion above the budgeted level. This can be explained due to increased Central Management Charge alloca- tion of €0.5 million and increased county road maintenance of €0.55 million. Expenditure on the water services programme was greater than budget by €0.4 million. This was driven mainly by additional expendi- ture on operational and maintenance

of water and waste water plants and networks.

Development incentives and con- trol expenditure was €0.9 million above budget. Increased numbers of planning applications is reflected in additional income of €0.7 million and also in additional operating ex- penditure of €0.2 million.

In 2006, the gross value of the council’s fixed assets increased by €150.5 million. This related prima- rily to an increase in local authority water and wastewater assets arising from the 2004 takeover of Shannon Town services from Shannon Devel- opment.

The balance sheet also includes an increase in local authority housing stock, Beechpark machinery yard and plant acquisitions. Road projects accounted for 50 per cent of expendi- ture on capital projects, with €6/7 million spent in 2006. The major el- ement in this was the Ennis bypass.

HE REACHED into a brown Dunnes Stores bag and considered what he was going to do. His hand touched a hatchet, he pulled it out of the bag and swung his plan into action. There was no going back and within min- utes Liam Moloney would lie dead, having been butchered by a man he thought he knew.

Anthony Kelly told gardai that a plan to kill Liam Moloney a week earlier did not materialise. However, there was going to be no hesitation on February 11, 2005.

He swung the axe and inflicted 17 blows on his victim’s head, before slashing his throat with a_ knife, at Port House, close to Ruan.

Kelly said there were voices in his head which directed him to kill the WEG ene Melu ioe

“IT could feel this thing building up inside me. I never felt like this before in my life. I felt possessed, I think is the word. Looking back, it was something like it,” he said.

Uncontrollable feelings of anger and rage had built up inside him

over the previous weeks. He believed Liam Moloney was racist. Kelly was married to a woman from Paraguay and he said he took exception to some comments made by Mr Molo- ney. However this assertion about racism was disputed in evidence by two former colleagues of the former Aer Lingus employee.

Kelly told gardai that he believed his victim stored cash in his apart- ment in Ennis. Mr Moloney had re- tired from Aer Lingus in Shannon in January 2002 and had received a severance package of €71,000.

Immediately after the killing, Kelly went to Mr Moloney’s apartment and stole between €500 and €600. He then drove to Shannon and picked up a teenage boy – as arranged – and drove to his home in Waterville, Kerry. The following day he got the unsuspecting young boy to assist him to destroy the evidence.

, by Martin Luther Stites He pleaded “not guilty” at the out- set, after the charge of murder was put to him and also indicated his guilty plea to six other charges. Each day, as he was led in to the courtroom, the book protruded from his pocket. That book remained on the bench in front of him during the were During the majority of the evidence in the case, Kelly looked straight ahead. On the third day of the trial, he turned to the left and gave his full attention as videotapes showing his

interviews by gardai were played to elem LUD MYA

As his barrister Brendan Grehan asked the jury to return a verdict of guilty of manslaughter and not mur- der, he looked straight ahead at him.

He also gazed at the trial judge, Mr Justice Paul Carney, as he presented the charge to the jury and recapped the evidence, occasionally rubbing his face with his hand.

He listened intently throughout the trial and did not show any facial expressions as prosecuting counsel Tom O’Connell described the killing as “meticulously planned, ruthlessly executed and followed by a cover- eee Kelly also showed no major ex- pression of emotion as conflicting evidence of his mental state were presented to the jury. The prosecu-

tion argued that he was not suffering from a mental disorder when he mur- dered his victim, while the defence argued he was and that this dimin- ished his responsibility.

Kelly’s lack of visible emotion throughout the trial continued as the verdict was read out.

As Kelly murdered his victim, his dress sense resembled that of a young man, notably the presence of a baseball cap. One witness who saw him standing near Liam Moloney’s taxi immediately prior to the killing told gardai she believed he was in his BOs

His demeanour during the trial, dressed in a suit, shirt and tie, were more akin to a man in his 50s.

In the body of the courtroom, the family of Liam Moloney sat togeth- er.

Liam’s brothers Fintan and Derry, three of his sons — David, Peter and Shane — and his former wife Eileen listened to the horrific details of how he met his death. Each family mem- ber attended part of the trial, while Fintan, who delivered a harrowing victim impact statement at the end of the trial, did not miss a minute of the evidence.

Fintan and Derry sat behind the media and could have been mistaken for journalists, such was their regular note-taking throughout the trial.

Each morning, the Moloney fam- ily converged outside Courtroom Number One in the Round Hall of the Four Courts. They supported each other, in contrast to the accused who cut a sad, lonely figure, with no family support in evidence.

THE bilateral agreement on air serv- ices concluded by the Irish Govern- ment with the Canadian Government on April 30 last is the “total sell out” of Shannon Airport according to Fine Gael election candidate, Coun- cillor Madeleine Taylor-Quinn (FG).

CUlr Taylor-Quinn labelled the de- cision “the final act of sabotage on Shannon by Minister Cullen and the Creuse ae

“Not satisfied with undermining Shannon on US routes, Minister Cul- len and his Fianna Fail colleagues quietly concluded an agreement with Laurence Carmon, Minister for Transport, Infrastructure and Com- munities, and David Emerson Min- ister for International Trade of the Canadian Government on April 30,” she said.

This agreement replaces the 1947 agreement that made Shannon the gateway into Ireland for Canadian airlines. Now that the Shannon stop- over is gone, flights from Canada can land in any airport in Ireland.

The new agreement has taken ef- fect immediately.

Cllr Taylor-Quinn added that “in- terestingly the new agreement came into place just as the election was called, with no public statements or announcements from the minister. Did he think the people of Clare could be kept in the dark until after the election? Has he any idea of the

damage he 1s doing to the airport and the region?” she asked.

The councillor said that the deal was “unnecessary” and poorly nego- tiated. “There was no push for this at all. The Government has diluted the significance of Shannon as an inter- national airport.”

She accused the Government of “total disregard” in relation to a similar agreement made with US ZNDU EDEL

‘The decision in relation to the US was reckless as well. There was no study on the impact these decisions would have on the economic fallout for the region. Shannon is the only airport which will be adversely af- fected by these deals.”

Cllr Taylor-Quinn expressed con- cern for the morale of airport staff and the wider community as mainte- nance workers are “fearful” for their jobs in the short term.

“While canvassing in the past few days I have met a lot of people who are upset and disturbed at the state of affairs with Shannon Airport. I also spoke to a number of service staff who are concerned about the future. If these flights go directly to Dublin there will be less need for services in Shannon. She added that “there is a complete lack of concern with the potential loss of jobs”.

She urged the people of Clare to take the opportunity on May 24 “to register their disgust with the current Government”.

A CONTRACTOR has been chosen and a deal is due to be signed in the coming days for a complete overhaul of the John Paul Estate in Kilrush.

Kilrush Town Council members were told that Martin Fitzgibbon Builders Ltd have been awarded the contract, which is worth €3.7 mil- lion.

The work will include the demoli- tion of 28 houses in one block and the infill development of seven hous- es. Back gardens will be lengthened

and made more secure with bounda- ry walls, while back lanes which had become the site of anti-social behav- iour are to be done away with.

Twenty local authority homes will be completely refurbished and cen- tral heating installed and a new com- munal amenity space will be created at the centre of Willow Green.

Members were told that to facilitate the project, some tenants would have to be temporarily relocated.

In a report on the move, town clerk Fiona Mooney said she wanted to “praise the families for their co-op-

eration in the temporary accommo- dation arrangements and for their support for the development.

“The level of positive engagement by these residents has been very hearten- ing and we are looking forward to continuing this positive momentum throughout the pilot phase.”

She described the upcoming sign- ing of contracts as “a red letter day” for the future of the local authority estate.

Cllr Tom Prendeville (FF) said that he wanted to compliment the clerk and the councillors “for champion-

ing this project. It is very satisfying that the people who live there have become empowered and they are fully behind this project.”

Council members were told that a project manager for the estate had also been appointed and was due to take up his office in the last week in May.

Earlier this year, Kilrush Town Council completed the installation of a street CCTV system in the estate.

The cameras are in situ at various points around the estate keeping a close watch on potential offenders

and bringing peace of mind to its many residents.

The cameras are distributed within the six areas that make up the estate and there is a link with the local Garda station, from where the cam- eras can be monitored.

Town clerk Fiona Mooney said that the CCTV installation was part of a multi-agency action plan of initia- tives that contributed to the overall regeneration programme for the John Paul Estate area.

She added that the vast majority of the community wanted the CCTV.

CONCERN for the welfare of the protected bird, the Hen Harrier, has prompted the Department of the Environment to put plans for a €10 million wind-farm in west Clare on hold.

Last month, a Cork-based com- pany, DP Energy Ltd overcame concerns by Clare County Council to secure planning permission for the eight wind-farm project in the Oe eae

However, questions were raised over the six-turbine development after the department appealed the decision to An Bord Pleanala.

In its appeal, the department stated that the company did not include a monitoring programme and mitiga- tion measures for the Hen Harrier.

“We consider that it is inappropri- ate to develop mitigation measures after a decision is made to grant per- mission. There is known Hen Har- rier activity in lands adjacent to the wind-farm extension. The depart- ment does not object in principle to the concept of further wind-farm development in this area and recog- nises the importance of wind-farm technologies in meeting our envi- ronmental energy commitments.”

The appeal also objected to the council’s decision to restrict opera-

tional life to six years. “The capital cost of wind-turbines is very high and an operational period of 20 years is normally required to ob- tain the necessary project finance to Lepr MUlelmre A bICCE: Dene

“Unfortunately, it is not feasible to fund the construction of a wind- farm where such a short life-time has been stipulated. A re-application for planning during the operational lifetime of the wind-farm is also not feasible for the same reason.”

The planning decision has also been appealed by a local man, Noel McGuane of Furoor, Kilmaley.

Mr McGuane points out that in a previous decision, the board ordered the reduction in number of wind- abba bate

‘The reason the board gave for the reduction was to reduce the visual impact on the area around Lough na Mine to reduce the risk of siltation and in the interest of the visual, rec- reational and residential amenities of the area. This is my concern as three of the proposed turbines are very close again to Loch na Mine, a fishing lake and also the only water supply to three parishes,” he said.

Currently, there are just two wind- farms in Clare and one of those is an existing 13-turbine windfarm oper- ated by DP Energy between Kilmi- hil and Connolly.

DESPITE a request for focus on playing matters, off the field contro- versies surrounding Clare hurling are to be the subject of further ex- amination.

That was the contradictory view expressed by the Clare County Board in a statement released late on Thurs- CP hasan rcanle

The statement pertained to matters discussed at a behind closed doors meeting of the County Board where a proposed vote of no confidence in manager Tony Considine was dis- cussed at length, but later withdrawn with no vote taken.

Beforehand County PRO Des Crowe informed assembled local and national media that they would not be allowed to report on the meeting.

SU slepaslereb MVE KE Ones NO eBE ROK! at the request of the board, he said. This decision, according to Crowe,

was based on sensitive legal issues that arose out of an investigation car- ried out by Chairman Michael Mc- Donagh and School’s Liaison officer John Fawl into the events which led to the departure of players including Davy Fitzgerald and coaching staff from the county set up.

“Trust us” urged Crowe, who said that a full statement on the meet- ing would be provided in I5 to 20 minutes. Any documents discussed would also be furnished, he stated.

The meeting started at 8.55pm but there was no word after 20 minutes. There was still no official word after an hour. 11.02pm and finally, white smoke.

Crowe rushed down stairs to the assembled media and flung open the doors leading to the almost empty bar.

The statement, written on A4 pa- per, contained one clear message — the focus is now totally on the May

27 clash with Cork in the quarter-fi- nal of the Munster Hurling Champi- onship. But then Crowe read, “After a full and frank discussion it was agreed that the matters would be rested at this time”.

In other words, the book was closed – but only temporarily. Crowe also confirmed that a motion of no con- fidence in manager Tony Considine had been tabled.

The motion was seconded, but after further debate was withdrawn. Smith O’Briens delegate Tony O’Brien put forward the motion and according to Crowe the seconder did not want their identity made public.

Crowe said, “There was a seconder for it. It was genuine, it came from genuine people. After the thing was discussed, the delegates spoke with the total focus to be on May 27. There was no problem for the proposer and seconder withdrawing the motion. I’ve been told not to [give name of

seconder]. It would be fair to say that the team manager was hardly men- tioned. It would also be right to tell you that in view of the fact that the Chairman and John Fawl had been investigating matters and talking to people, they spoke with all involved in what has been known to every- body in the media over the last three or four months in Clare GAA. There was a call from members of the team including the captain that there is full confidence in the training and the management and all they wanted to do tonigh wast put this thing to bed, forget about it and go forward and focus on the Clare/Cork game on May 27”.

However, when pressed further, Crowe confirmed the matter would be re-visited.

“This is the end of it as far as the County Board is concerned, as far we re all concerned. After the motion was withdrawn it was unanimous that

the focus is on Cork on May 27, but as we said in our official statement, the matter will be revisited further down the road”

He added, “Obviously it’s not going to happen between games. That’s a problem that people pointed out to- night, but at the end of the day the problem at the moment is we’re three weeks away from a Munster Cham- pionship game. But I won’t deny the fact that there were very strong feel- ings in the room. There were hurtful views. But at the end of the day eve- rybody is unanimous that the focus must be on Cork for the 27 and after that, who knows’.

Who knows indeed? This one could run and run.

IT MIGHT not mean bankruptcy just yet, but Clare is on the verge of los- ing out on a place on the latest ver- sion of Monopoly, currently under development by Hasbro Games.

Using an on-line vote, the public has been asked to decide which 22 counties will feature in the All-Ire- land version of the game due to be launched later this year.

After a solid start, the Banner county has plummeted a full 12 plac- es in the last seven days and now sits in 29th place with just 1844 votes. The crash from the comfortable 17th position has put Clare in a situation where it is fighting for its Monopoly life and one of the coveted county Soy 1eone

“It would be really great for the county to be included,’ said Rita McInerney, CEO of Ennis Chamber of Commerce.

“We have two of the top three tour- ist locations in the country if you consider the Cliffs of Moher/the Burren and Bunratty. It is impor- tant for the continued promotion of prestige developments like Doonbeg Golf Course and also in relation to property prices.”

The counties are rated depending on the amount of votes they receive with the best supported counties be- ing given the more expensive proper- Won

Currently Roscommon and Tipper- ary are in pole position to claim the purple properties, formerly Dublin’s Shrewsbury and Ailesbury Roads, with 7442 and 7370 votes respec- tively.

“It will be very interesting to see which counties get which prop- erty value. Clare is often forgotten between Kerry and Galway. With Shannon International Airport, Clare should be leading the way for coun- ties in the mid-west. I will certainly be voting for Clare this week and I would encourage everyone else to do So as well,” she added.

Clare is currently ahead of Antrim, Louth and West Meath.

Despite this position, Clare is only 700 votes behind Kildare, which cur- rently occupies the final place on the board with 2580 votes.

To put Clare on the monopoly map, simply log on to Www.monopoly.ie/ vote.aspx and cast your vote.

Each person can vote once per day and the closing date for votes is May 25.