Month: November 2007

THE group constructing the €205 million Ennis bypass last year sus- tained an operating loss of €48 mil- lion, according to accounts filed with the Companies Office.

GAMA Construction Ltd last April missed its deadline to complete the Ennis bypass and is expected to com- plete the project next month.

Accounts filed by GAMA Con- struction show that the GAMA group of companies in Ireland suffered an operating loss of €48 million.

However, arising from the sale of its 40 per cent share in a power plant at Tynagh, County Galway for €55 million, the company recorded a profit before tax of €10 million last year.

This follows the company sustain- ing a €44 million loss in 2005.

The accounts show that the com- pany had a turnover of €81 million in 2006, but the cost of sales was €111 million, leaving a gross loss of €29 million. The profit before tax re- duced its accumulated loss at the end of the year to €49 million.

The accounts also show that the company employed 373 at the end of 2006, comprising of 304 Irish and 69 Turkish workers.

According to a statement accompa- nying the accounts, “Gama Construc- tion Ireland Limited commenced op- erations in Ireland in 2000 and is ina erowth phase of its development.

“It is reliant on the continued finan- cial support from its parent under- taking, Gama Holdings A.S. Gama Holdings A.S. has indicated to the eroup that it is committed to continu- ing to provide this financial support

to the group.

The principal activity of the group is that of a turnkey construction contractor for power and industrial plants, dams, buildings and roads.

Overall, results for 2006 decreased in terms of turnover and the company continued to incur operating losses in 2006. The company made a profit on the sale of fixed and financial assets in the year.

At the year end, the group had three main projects ongoing, the Ennis by- pass, the Monaghan bypass and Bal- gaddy C.

TWO former heroin addicts who admitted stealing €5,000 worth of jewellery from an east Clare home have been warned they are facing suspended jail terms.

Carmel Duggan (23) of St Munch- in’s Street, St Mary’s Park, Limer- ick, and Nicholas Herdman (35), of Dooradoyle Park, Limerick, admit- ting entering homes in Meelick and Cratloe as trespassers, with intent to commit theft, last April.

Detective Garda Stephen Ryan told Ennis Circuit Court that a woman re- turned to her Cratloe home and saw a car parked in the driveway.

Aman, Nicholas Herdman, was sit-

ting in the car. He blew the horn and two people – Duggan and a man – ap- peared from the back of the house.

Sgt Oliver Kennedy told the court that €5,000 worth of jewellery was taken from a house in Meelick, when the owner was not home. He said both accused admitted the offence. None of the property was recovered.

Herdman’s barrister, Michael Fitz- gibbon, said his client developed an addiction to heroin.

“His involvement with these rob- beries was to do with obtaining money to feed his habit,” said Mr Fitzgibbon.

He said he used two or three bags of heroin a day to “keep himself right,” but is now heroin-free.

Duggan’s barrister Lorcan Con- nolly said his client also had a heroin problem, but feels she has now ad- dressed the matter.

Judge Michael White said the jew- ellery offence was “particularly mean and nasty” and the accused were in the “terrible throes of heroin addiction”’.

“The court is concerned both of you are at a high risk of re-offending because of that addiction,” he said.

He said he intends to impose sub- stantial sentences, suspended.

“IT want to make it quite clear to both of you if you do reoffend during the period of the suspension, you will be back before me again,” he said.

He adjourned the sentencing until paleo. qmpasleyelaer

A CONVICTED Clare sex offender has been found guilty by a jury of sexually abusing two of his daugh- ters in a County Offaly townland.

The Dublin Circuit Criminal Court jury returned 10 guilty verdicts by a majority of sexual assault on two of his daughters on dates between Sep- tember 2001 and December 2004. He was acquitted on one count.

The court heard that the 36-year-old man received two concurrent 10-year sentences from the Central Criminal Court in 1993 for aggravated sexual assault and burglary.

The final six years were suspended on condition that he stay away from

two named Limerick villages and not re-offend during the six years.

The court heard that one of his 10 new convictions was for an offence committed within those six years.

Judge Desmond Hogan directed the preparation of victim impact re- ports for the sentence hearing early next year.

The jury of five women and seven men returned its verdicts on day 14 of the trial, following some five hours of deliberation.

Judge Hogan told the jury it was the first to have had video-recorded interviews with one of the victims admitted as evidence as a result of Section 16 of the Criminal Justice Act 2006.

THERE was anger and aggression in the air as missiles were hurled and glasses and bottles smashed in a ‘life threatening’ Traveller riot, which

caused €14,000 damage to an Ennis pub.

Up to 40 men and women fought each other, at a double engagement party at Brandon’s bar, O’Connell Street, Ennis, on May 3, 2006.

Arising from the fracas, nine members of the Travelling commu- nity – aged between 19 and 29 – were charged with violent disorder. Anoth- er individual was charged with pub- lic order offences. All pleaded guilty

at Ennis Circuit Court.

One of the 10, Patrick Quilligan, (19) of Knockane, Newcastlewest, who held a bottle up to the owner of the bar, Declan Brandon, was re- manded in custody for six weeks, be- fore the sentence 1s finalised.

The other nine were fined various sums, totaling the €14,000 cost of the damage.

Additional garda reinforcements had to be brought in from Shannon and Ennistymon to deal with the juke)

When gardai initially arrived at the scene, one Traveller had his t-shirt torn off and had his fist clenched.

Gardai heard roaring and shouting coming from the laneway, while sev- eral glasses were smashed.

Recalling the incident to the court, Garda Shane O’Connell said, “You could see people hitting each other and there were glasses smashing.

“Td call it a riot, something that I’ve never seen before, highly dan- gerous,’ he said.

One young man fired a bottle in the direction of the gardai. It skimmed over a garda’s head and hit a door. Another bottle hit the squad car which was parked outside the door, while other missiles were thrown at the

gardai. A stool was smashed and part of it was also hurled at the gardai.

Garda O’Connell said he took out his baton. He told one drunk young man to put down a piece of wood and, when he refused twice, he struck him on the arm with the baton. The baton broke in two.

“It was a volatile situation. There was no point staying there. It was too dangerous,” said the garda.

Later that night, two young men at- tempted to rob the same bar.

One of the two, who has never been identified, pointed a piece of timber at Mr Brandon and threatened to put it “through your f***ing neck”’.

Another, Patrick Quilligan, held a bottle to Mr Brandon’s head.

Judge Michael White said the ac- tions of a small minority of Travel- lers impacted on the wider Travelling community, most of whom are law abiding citizens. He said the incident was “life-threatening” and someone could have been seriously hurt.

Those fined were given varying lengths of time to pay.

ONE of the four men accused of the murder of a Limerick bouncer has been found not guilty at the Central Criminal Court sitting at Cloverhill.

Mr Justice Peter Charleton directed the jury of 12 men to acquit John Dundon (27) of Ballinacurra Weston, Limerick of murdering Mr Brian Fit- zgerald in the early hours of Novem- ber 29, 2002, at Brookhaven Walk, Mill Road, Corbally, Limerick.

Mr Justice Charleton said he had come to his decision after a state- ment made by chief prosecution wit- ness James Martin Cahill, who is currently serving a life sentence for shooting Mr Fitzgerald, that “I’m getting like voices and | don’t want to convict someone in the wrong.”

Cahill said he did not remember Mr Dundon being present when Mr Fit- zgerald was pointed out at his place of work or a visit to the victim’s house before the murder.

He also said that while Mr Dun- don was present at a house where the murder was discussed he was not present for the conversation.

Mr Justice Charleton went on to tell the jury there was no case against John Dundon and he was requiring them to acquit him.

He warned them that this move did not affect the trials of the other three

defendants when they came to delib- erate their cases.

The jury also heard from Michael Flynn, a consultant engineer, who told Michael O’ Higgins SC, defend- ing Mr Kelly, the time it would take to travel certain routes mentioned during the trial.

He said that the journey from the Heath in Portlaoise, where Cahill said he had met with two men to plan the murder and arrange to pick up a gun and ammunition from Mr Kelly, to Mr Kelly’s house would take just over three hours.

A journey starting at 3.45pm from the Heath as suggested by both CCTV footage and phone records from the day of the meeting, would arrive at Mr Kelly’s house at 7pm.

A trip taken at the same time as an alternative account of the journey to Kilrush also given by Cahill would have taken | hour and 24 minutes each way.

However Mr Flynn agreed with Mr Sean Gillane BL, prosecuting, that he had undertaken all journeys at the statutory speed limit and journey times would be affected if this was not observed.

Mr Justice Charleton informed the jury that closing speeches would be- gin on Monday and urged them not to make up their minds before they had heard all arguments before them.

THE trial of a Kilrush man and two Limerick men accused of the murder of a Limerick bouncer is due to con- clude this week at the Central Crim1- nal Court sitting at Cloverhill. Anthony Kelly (50), of Cragg House, Kilrush, along with Gary Campion (24), Pineview Gardens, Moyross, Limerick and Desmond Dundon (23) from Ballinacurra We- ston, Limerick all plead not guilty to murdering Brian Fitzgerald in Lim-

erick in the early hours of November 29, 2002. The trial entered its fifth Veto) Gao KK OLDE

In his closing speech to the jury yes- terday, Sean Gillane BL, prosecut- ing, told the jury of twelve men that there is a central truth in this case. “A core truth that is unchallenged and unchallengeable;” that James Martin Cahill, the chief prosecution witness, had shot and killed Mr Fitzgerald.

He said that there was enough truth in Cahill’s evidence to see what facts connected to that truth.

He urged the jury not to discount Cahill’s evidence because they were repulsed by him. During his evidence, Cahill admitted to being involved in up to seven other mur- ders and also abusing children and animals including a baby and a dog. He also claimed to have fantasised about sex with a horse and with his mother.

Michael O’Higgins SC, defending Anthony Kelly, told the jury that Ca- hill simply couldn’t have travelled to Mr Kelly in Kilrush to pick up a gun

to use in the murder and be shown how to use it. The times did not add up and the account “fell at the fist hurdle.” Mr O’ Higgins will finish his closing speech today before Mr Jus- tice Peter Charleton and the jury.

Conor Devally SC, defending Mr Campion, said Cahill was a “danger- ous, dangerous” witness who sought to please anyone in power or who had control over his life.

He had changed his story to make himself fascinating to gardai, to psy- chologists and to erase people he had

previously said had taken part in the murder.

“He has a baby face, he is quiet, he is lowering himself, abasing himself; look how bad I am, I must be telling the truth. He has pleased the gardai, he has pleased psychologists, he has pleased who knows who else.”

Roger Sweetman SC, defending Desmond Dundon, told the jury that Cahill’s evidence had been so full of contradictions it would be impossi- ble to decide which version of events was correct.

COUNCIL planners have moved to halt a “rezoning frenzy” in the great- er Ennis area as developers try to re- verse the property market slide.

With builders and investors seek- ing to rezone 1,720 acres around En- nis to residential, commercial and industrial use, County Manager Alec Fleming has backed the planners’ decision to refuse the vast majority of the applications and leave current Zzonings as they are.

As part of the process for finalis- ing a new Ennis development plan, council planners held a series of workshops with local councillors

and after a lot of heated debate, only 100 acres will be rezoned for hous- ing — well short of the 1,247 acres sought by developers.

Not even the Diocese of Killaloe was immune from the clampdown with a blunt refusal being given to an application to have eight acres of prime development land at Bishop Willie Walsh’s Ennis residence re- zoned for mixed-use development.

A second submission from the Di- ocesan Trust seeking the rezoning of a site on Station Road to town centre zoning was also rejected. This prime site incorporates the Old Burren Cin- ema, the Maria Assumpta Hall and the Scout Hall as well as some open

space in front of Ennis Cathedral.

The double refusal came despite the fact that only last month the diocese donated a prime 15-acre develop- ment site valued at over €10 million for the town’s elderly community at Cahercalla in one of the most sought after areas of the town.

The father of former Ennis mayor, Cllr Joe Reidy (FF) also failed to secure a financial windfall when planners rejected an application to have 22 acres zoned to the east of the Clarecastle/Lissane Road. Last year, Damien Reidy stood to make €16 million after councillors rezoned 770 acres outside Clarecastle village.

And while the planners recom-

mended that consideration should be given to the possible rezoning of Cusack Park for mixed use as an ex- tension of the town centre, they con- cluded that as the proposal was not supported by the elected members, Cusack Park should remain as is.

Also ruled out was a rezoning of the Eire Og GAA grounds from club chairman, Patrick Fitzpatrick, who proposed a swap with the Ennis Na- tional School. However, a letter was subsequently received from the club president, stating that the proposal had not been approved by the execu- tive committee and the council rec- ommended that no change be made to the zoning of Eire Og.

SOME of Clare’s most famous tourist landmarks could be used as locations for civil unions for gay and lesbian couples before the end of next year. Following a relaxation of the laws in relation to civil ceremonies, which came into effect yesterday, locations such as the Cliffs of Moher and even the Poulnabrone Dolmen are now free to host civil ares eOy Nee SUE COVuebeetoel have also commit- ted to putting in place legislation legalising — civil unions between same sex couples in 2008, follow- ing the defeat of a private members OJON MO) MEU elemnIUlo) (ore

put forward by Labour in the Dail ETM ioe)

“We are very pleased the Labour party brought a civil partnership bill back to the Dail last week and we welcome it as a major step forward that it is now part of the Government agenda to have legislation in place by March of next year,” said a spokes- person from the Gay Clare Group who asked to remain anonymous.

“We hope that this will be wide ranging legislation and not just to cover tax issues. It needs to tackle joint legal protection rights for gay parents and social welfare and will be enacted very quickly.”

The Labour Bill was defeated in the

Dail last week following fears that it would be deemed unconstitutional as a result of it’s reference to marriage rather than civil unions.

“Gay partnership would be fine as long as their rights are the same as married couple. The word marriage is achurch word more than anything else. We would just look to have the same legal status as married couples

and the word isn’t

important. We

would look to hav-

ing civil unions

or civil partner-

ships,’ continued

the spokesperson.

“At the moment

a lot of lesbians

have children so

it would be im-

portant for them

that this new bill

would give them

some sort of joint

legal protection.

So if, for exam-

ple, they are ina

partnership with children and some-

thing happens to one of the lesbians,

the other would be able to have cus- tody of the children.

‘That would be the initial step at the moment. The issue of gay adop- tion 1s something that could come farther down the line.”

There has been a huge growth in the number of civil marriages in Ireland over the past decade. In 1995, only one in every 10 couples married in a registry office while now the figure is more than one in five, with 22 per cent of all weddings now non-church events.

CLARE county football cranks back into gear tonight (Tuesday) with the first training session of the new sea- son, a full two months ahead of last season’s return.

It’s the third manager in as many years for the footballers and while the exact make-up of the league squad won’t be known for a number of weeks, some new additions are likely to be included when the panel is pared down.

The early start brings renewed

Structure, a direction that has been welcomed by players involved under recent appointment Frank Doherty. “Players have had a rough enough time of it over the past couple of sea- sons, maybe they lost their way at times and we decided to get together to bring some guidance back,” said Doherty. “I want to get to know play- ers and know what they’re about. Put faces to names. There’s no point in starting out for the season a couple of weeks after Christmas and maybe a fortnight to go before a McGrath Cup game. The bottom line is that

we want to get belief back in Clare football that’s been missing for the past while.”

With the addition of Kilkenny to the footballers league group, it means the spring will be action filled and if Clare can put together a decent McGrath Cup run, close to a dozen hours of competitive football could be played before the championship Torta DENSE

“It’s important to get some work under the belt at this stage,” adds Doherty. “All going well, the core fitness will increase and the lads

will be able to play at a high tempo throughout the league.”

Some dovetailing for those involved in the Under 21s is also expected.

“In all, I’m hoping for 28 to 30 lads at the first training. Some will be in- volved in Under 21 training and I’d expect a lot to be involved with us as well. On top of that, we have lads involved with Sigerson who won’t be available immediately and there isn’t any issue there. We want the entire panel to know what the game plan is and what’s expected in terms of physical condition.”

PLANS for a €10 million retail de- velopment for Miltown Malbay has come under fire.

Currently, Clare County Council is adjudicating a planning application by John Jones to construct a super- market, seven retail units, offices, 18 apartments and 148 car-parking Spaces on the Ennis Road leading into the village.

In the first two to three years of operation the venture is expected to create 100 jobs. However, business interests in the village have railed against the proposal.

Patrick Boland, who is the owner of five retail units on the Ennistymon Road has told the council in an ob- jection that “the scale of the project is so large that it threatens the exist- ing business ecology of the town”’.

He stated, “This development would constitute a new town cen- tre. It is on the scale and design of a modern shopping centre suitable for a large town or city but is not com- patible with a village.

“It is on the outskirts of the town, on a mainly residential street and would cause the centre of business and trade to shift away from the main Street.

‘The attraction to tourists of a bus- tling village with traditional shop fronts and small individually owned businesses would be lost.

“Currently, the shops in Miltown are owned and run by different families. Historically, this pattern of ownership and trade has sustained the economic and community life of small villages and towns in Ireland. This development threatens that d1- versity of ownership.”

Donnan Meade of the Mace Shop on the Main Street claims that the proposal “could take the soul out of the village with nothing left on the main street but closed businesses and properties. This is in nobody’s inter- est”.

Claiming that the proposal could herald the death-knell of new busi- nesses along Main Street, Mr Meade said, “I understand that there would be a short-term benefit to the com- munity during the construction of the proposal but over the course of time, it will have a negative impact on the community at large.

He added: “I am not against devel- opment, but the sheer scale of this particular one is daunting and I feel that Miltown could regret such a de- velopment over the medium to long term.”

A decision is due later this month.