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Question of sanity is the ‘battleground’

THE killing of Liam Moloney was “meticulously planned and_ ruth- lessly executed and was followed by a cover-up”.

That was according to the Prosecu- tion Counsel Tom O’Connell, SC, in his closing speech to the jury on Friday.

He said he was “inviting” the jury to bring in a verdict of guilty of mur- der.

“The Prosecution has established beyond all reasonable doubt that An-

thony Kelly killed Liam Moloney, with the intention of killing him.

‘He lured him to his place of death by telling him a lie, that Liam Molo- ney would be introduced to the fic- tional Swedish woman, Anna Fred- erickson,” said Mr O’Connell.

He said the accused believed that Mr Moloney kept money in his flat. After he had killed him, he went straight to the flat and took around €600, before returning to his Kerry home.

“The motive, beyond any doubt, was to enrich himself, by stealing

Mr Moloney’s money after he had killed him,” he said.

He said that the accused later “‘dis- posed of every single item that might connect him with the killing’. These included Mr Moloney’s mobile phone and keys, Mr Kelly’s own clothing, along with an axe head, padlock and meat cleaver.

He said that the burglary was “cen- tral to the case”. He told the jury it was demonstrated during the trial that the accused was “unreliable” and had a history of lying but that he did not have a history of mental

illness.

Defence Counsel Brendan Grehan, SC, in his closing speech, said “there is no other issue in this, other than the issue of diminished responsibil- Aa

He said that if the Criminal Law (Insanity) Act — introduced for the first time last year — had not been in place, his client “would have no op- tion but to plead guilty to murder”.

He said in reality the killing was “brutal” and “a frenzied attack” which were the actions of “some- body out of control”.

He said the jury could conclude that the accused was suffering from a mental disorder at the time of the killing and that substantially im- paired his judgement.

“The appropriate verdict is man- slaughter. I invite you to return a ver- dict of manslaughter,” he said.

Mr Justice Paul Carney told the jury that the defendant does not chal- lenge he did what is alleged.

However, he said the question, was he suffering from a mental disorder at the time, is “where the battle- ground is”.

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Nurses up the ante in strike

has learned.

Their action could include day-long work stoppages, if a resolution can- not be reached by this Friday, May ay

In a joint statement released late

last night, the Irish Nurses Organi- sation (INO) and the Psychiatric Nurses Association (PNA) ex- pressed their “deep disappointment and frustration” at the progress be- ing made at talks between the un- ions and the National Implementa- tion Body (NIB).

“In view of this lack of progress… we have decided to advise all local co-ordinating committees that in the absence of meaningful propos-

als capable of resolving this dispute, to prepare for escalation of the cam- paign before the end of this week,” read the joint statement.

It was also agreed that executive committees of both unions would meet at 11 am on Thursday morning next to review the existing situation.

An INO spokesperson confirmed that this review would involve con- sidering daily work stoppages na- tionwide.

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Biker threatens to sue over roadworks

A CLARE motorcyclist is threat- ening to take the county council to court over what he describes as “wil- fully dangerous roadworks”.

Mountshannon resident Ciaran Ma- cAodh came close to serious injury at the weekend when his motorbike skidded out of control after he drove across gravel which had been thrown up on the road surface from road- works on the opposite side.

The accident happened at Cloon- tymweenagh on the road between Scariff and Mountshannon.

“I saw the roadwork warning signs and slowed right down but the gravel dressing that the council put on the other side where the works are go- ing on wasn’t rolled into the road. Cars driving over it threw up stones, which went all over the road on the side I was driving. There was noth- ing for the bike to grip on — it was just sliding,” he said.

MacAodh was thrown from his bike and the bike went spiralling away.

He was treated in the accident and emergency department for injuries to his wrist and said that he was still unsure what damage was done to the bike.

“There was a car coming in the other direction and it was just as well that I wasn’t going any faster because

I could have ended up under that car. This happens all the time with road- works. The council never considers what happens to a bike when it hits loose gravel.

“Cars can cope but not bikes. I’m sick of it and I’m going to court this time,’ he added.

A spokesman for Clare County Council’s roadworks section said that surface dressings like this were “always rolled”’.

He added that there was “always signs imposing a temporary speed limit and warning about roadworks. Nowadays, health and safety issues are all important and every precau- tion is taken to warn motorists and prevent accidents”.

A spokesman for the Tulla area of- fice of the local authority confirmed that the work at Cloontymweenagh are part of a major roadworks pro- gramme, which will be ongoing in the favourable weather conditions.

The spokesman said that the council tooks certain measures when putting down the temporary surface.

The procedure was a “normal part of the construction process.

“The stones are there to form a base for the final surface. There’s not much can be done, aS some stones are thrown up by car wheels as the temporary surface is driven on,’ he explained.

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Environmentalists count cost of fires

CLARE fire services have advised people carrying out controlled burn- ing to always notify the service.

This follows a spate of gorse fires in the county, including ones which occurred in the Connolly-Lissycasey area.

Fire services were called out to at- tend two gorse fires in the area on April 19. Five units of the Fire Bri- gade — two from Ennis, two from Ennistymon and one from Kilrush — were called to the scene.

A large area of open ground was on fire but was brought under control by the fire brigade, who were assisted by members of Coullte along with a number of local volunteers. The long spell of dry weather meant the fire spread quickly and this, combined with changing wind directions, made working conditions extremely dif- ficult.

“If people are carrying out con- trolled burning, then it should be in a controlled manner and the Fire Control Centre (999/112) should be notified with the details,” said Tom Burke, Senior Assistant Chief Fire Officer, adding that just a few items could be burnt.

“While Coillte personnel and our- selves generally work in groups, both to be more effective and also for safety, especially during dusk hours,

members of the public that assist may yao lms KO) UCOdWAB OBESE

“If members of the public and land- owners are assisting Coillte and the fire service, they should be accom- panying these personnel at all times to ensure proper co-ordination of re- sources to deal with these incidents,” he said.

Meanwhile, environmentalists are counting the costs of more than 20 bog fires that broke out in Gort and Surrounding areas last week. The fires, which fire services described as the most serious in memory, are be- lieved to have been started by land- owners burning gorse on their land.

The worst of the fires took place in Peterswell, between Gort and Loughrea, with every available unit from Gort, Loughrea, Portumna, Athenry and Tuam called in to battle the blaze.

Ecologists are this week begin- ning to assess the level of damage sustained by the bogland areas as a result of the fire. Depending on the severity of the blaze, fire can have a mixed effect on a bogland habitat.

A sustained heavy blaze can cause irreversible damage to the living peat layer of a bog, essentially destroying the entire bog ecosystem.

However, a less serious fire can ac- tually promote new growth on bog land and prevent trees from encroach- ing and taking over bog areas.

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Stunning and stylish

ERA Leyden Auctioneers, Lahinch, has just taken on a four bedroom de- tached bungalow with sunroom and attached garage, at Poulawillin, Mil- town Malbay, with an asking price of €317,500.

This property occupies a half acre site and is situated on the Mullagh Road, only l1km from the centre of Miltown Malbay and all of its ameni- ties. The house enjoys sea views and is less than two miles from Spanish Point Beach.

The bungalow extends to 1,570 sq ft of floor space, plus the attached

garage offers scope for conversion to additional living space, if required.

This property has the added benefit of a recent extension to the rear to include a bright, spacious sun room and kitchen cum dining room over- looking the rolling countryside and the coastline.

Other features include a second reception room, double glazed win- dows, oil fired central heating, stone feature facade to the front of the property and tarmacadam driveway. And the grounds have been neatly maintained

For full details contact 065 7081088.

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Time for mature reflection

JOHN Vaughan Auctioneers, En- nistymon, have a lovely three bed- room bungalow on their books, guiding at €385,000. The house is set in a mature, spacious site off the Ennistymon/Lahinch Road, within

a mile of Lahinch beach, golf links and all other amenities in the resort, while also being close to the vibrant town of Ennistymon.

This house has large sash windows and is a bright house with beautiful timber floors in each of the three bedrooms and in the sitting room.

The accommodation comprises a kitchen, dining room with an open fire, sitting room with open fire, three bedrooms, and a family bathroom. The attic is floored and can be ac- cessed via a Stira stairs. The attic of- fers good conversion potential. For full details contact 065 7071477.

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Body lay in flat for a fortnight

A 37-YEAR-OLD German man was dead in his Ennis apartment for a fortnight before his body was discov- ered, an inquest heard last week.

Christian Sonntag’s body was found in a one-bed apartment on O’Connell Street, on July 12, 2005. He had not been seen for over two weeks.

Ennis Coroner’s Court heard last week that Mr Sonntag had not col- lected his mail since June 24.

Jens Gottloeber, another German national, said he had worked with Mr Sonntag in Shannon.

He said Mr Sonntag had asked him to give his “sick papers” to his boss, as he had been ill.

He said he knew Mr Sonntag had been in hospital and he last saw him in the Diamond pub, three weeks be- fore his body was found.

He had tried to phone him a number of times in the interim, but could not get through.

William Justin said he last saw his friend Mr Sonntag in the Diamond pub, on June 24.

Detective Garda Brendan Rouine told Ennis Coroner’s Court that he saw the body on a bed in the apart- ment on July 12.

“The body was in a state of semi- decomposition and had obviously been there for a period of time,” he

said. He said there had been no sign of “anything untoward” in the apart- ment.

State Pathologist Professor Marie Cassidy carried out a post mortem examination on the body on July 13, 2005. She said there was “advanced decomposition of the body”, which suggested he had been dead for up to two weeks.

‘There were no marks or injuries to the head or body and his death was not related to trauma,” she said.

Professor Cassidy noted that Mr Sonntag’s heart was grossly enlarged and that this could cause sudden col- lapse and death at any time. At the time of death, he was intoxicated by alcohol and had also been taking amphetamines, which could cause the heart to beat irregularly. She concluded that his death was princi- pally due to the enlarged heart, with alcohol and amphetamines possible contributory factors.

Coroner Isobel O’Dea suggested than an open verdict be brought in and the jury agreed.

“It is a very sad situation for some- one to die in such circumstances,” said Ms O’Dea.

Inspector Tom Kennedy – said, “Quite a bit of thorough investigat- ing went into the case and there were communications between gardai and his family in Germany at the time.”

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Communities suffer in holiday home havens

THE latest figures from the 2006 Census show that areas that have enjoyed substantial holiday home de- velopments have suffered decreases in population.

The populations of Lahinch, Lis- cannor and Killaloe have declined since the 2002 census.

According to the figures, the popula- tion of Lahinch has dropped by three per cent, Liscannor has dropped by 34 per cent and Killaloe has dropped

by 12 per cent.

Cllr Martin Conway (FG) said that the census figures confirmed that the exorbitant price of property on Clare’s coastal resorts was making it impossible for young people to re- main in their homeplace and driving them out of the villages.

“As aresult, you have a drop in pop- ulation and the social consequences are that it will be difficult long-term to fill local schools and local football teams,” he said.

Cllr Conway said that it was “quite

ironic that while you have a drop of population in these areas, the house building for holiday homes that has been going on has been colossal.

‘The prices for property have spi- ralled out of all proportion and way beyond the means of locals.

‘The census also reflects the puni- tive planning regime in place where there 1s a two-tier system operating.”

He added that local people were chilefly affected by the ongoing house price rises.

“It 1s difficult for sons and daugh-

ters of local people to secure plan- ning, yet an out-of-town solicitor or accountant can write a cheque for 500,000 to buy a holiday home.

“*T believe that there should be a tax placed on holiday homes so that these areas can be provided with adequate facilities and money ringfenced for facilities such as playgrounds as these homes are vacant for 10 months of the year.”

The census also showed that En- nistymon suffered a drop in popula- tion of eight per cent. Kilrush suf-

fered a population loss of 1.6 per cent, while Kilkee’s population in- creased by 5.2 per cent.

The greatest leap in population was enjoyed along the corridor linking Ennis to Shannon.

Population around Ennis increased by 27 per cent, while that in Shan- non’s environs increased by 22 per ne

The population of Sixmilebrige increased by 25 per cent, Ennis in- creased by seven per cent and Shan- non increased by three per cent.

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Scope for growth

O’DOLAN & Partners, Ennis, have taken on a very attractive four bed- room detached house on a one acre site, with distant sea views, guiding at €350,000.

Located close to the church in Doo- lin, this cosy home is within easy access of some breathtaking scen- ery, beaches and the famous craic in Doolin. Itis also within easy reach of Lisdoonvarna.

Given that it occupies a one-acre site, the selling agents point out that there may be potential for further de- velopment.

The accommodation is laid out over two floors. On the ground floor

there’s the kitchen/dining room, the sitting room, which has a solid fuel stove, fitted units and the all impor- tant sea views.

There are two bedrooms on this level, both with fitted wardrobes. There’s also a shower room on the ground floor.

Upstairs, there are two further bed- rooms, both with wooden flooring and one with fitted wardrobes. The family bathroom is located on this level.

The extensive, well-maintained grounds include a patio area, with distant sea views.

For full details contact 065 6844395.

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Merriman holding court

SHERRY FitzGerald Hussey Mad- den, Ennistymon, have a limited number of semi-detached properties left in the latest phase of the Cuirt Merriman development, priced at €240,000. These houses are beau- tifully designed and represent great value for money.

Only minutes walk from the town centre, these properties have the add-

ed bonus of being just 1.5 miles from Lahinch beach and golf course.

The properties have three bed- rooms, with the master bedroom, en- suite. They also have large gardens. The selling agent assures that “the highest level of construction and fin- ish is guaranteed with PC sum allow- ances of €4,200 per house.”

Finishes include wooden floors in the living room and all bedrooms, and the houses will be painted ex-

ternally plus the ceilings and wood work are painted.

The first phase of this development sold from plans and despite hiccups in the property market, the quick sale of all but these two remaining units of the 28 units in Phase 2, attests to the popularity of this development and the popularity of Ennistymon as a location.

For full details contact 065 7072833.