Month: January 2008

A MAN who stole from a house in SIT VeTLOMPOMWZO OOM ome Bao lesetcm ert been jailed for six months.

Greg Tuite (31), of Herbert Grove, Castletroy View, Limerick, pleaded guilty to stealing a PlayStation, five PlayStation games, six DVDs, a mo- bile phone and €100 cash from a

house at Cronan Lawn, Shannon, on October 14, 2005.

Detective Garda Andrew Hayes told Shannon District Court that the owner of the house where Tuite was renting complained to gardai that Some items had been stolen from the house.

Dt Gda Hayes said as part of the investigation, he viewed CCTV foot-

age from a computer game shop in | Bibeeterale) Gy sen emcieledi ioe ma slom-lere nies selling the PlayStation and two mem- ory cards to another man.

He said the value of the items stolen amounted to €816 and €400 of this was recovered.

Defending solicitor Caitriona Car- mody said her client had been under serious financial pressure and needed

TCO) eLeAs

Judge Joseph Mangan asked was there compensation in court and was told there wasn’t.

The judge refused an application for free legal aid, after he heard Tuite had recently taken up employment.

He imposed a six-month jail term and fixed a bond – including Tuite’s own surety of €5,000; €2,500 of

which was to be lodged – in the event of an appeal.

However, the solicitor said her cli- ent had no savings and was not go- ing to be able to come up with the money.

Judge Mangan replied that the case had been before the court since April 2007. “My order stands,” said the judge.

TWO men who were caught with a scissors and kitchen knife claimed they were carrying them “for self- protection” as one of them had been badly assaulted previously.

Patryk Dej (22), of Bru na Sionna, was convicted of possession of a sharply pointed scissors, at Shannon

Town centre, on November 17 last.

Zenek Moroniski (26), of 9SA Bo- heron, Newmarket-on-Fergus, was convicted of possession of a knife with a sharply pointed blade, at Tul- lyvarraga, Shannon, on the same CPI Kes

Inspector Tom Kennedy told Shan- non District Court that the two were intoxicated outside Murphy Brown’s

pub in Shannon. One was found in possession of the scissors and the other with a kitchen knife.

Defending solicitor Jenny Fitzgib- bon said Dey had had his jaw broken in two places in an attack prior to this incident and had become paranoid as a result.

‘He was very much afraid he would be attacked again. He had a scissors

on him only for self-protection,” she Sr AKOE

She said Moroniski was accompa- nying Dej on the night and was “very much aware” of the previous attack.

“The kitchen knife was strictly for self-protection. He didn’t believe it was unlawful,” said the solicitor.

She said both men had drank a bot- tle of vodka each and were paranoid.

Judge Joseph Mangan asked was this paranoia caused by drink and was told it was. Both men told the court they have not drank since the night of the offence. However, In- spector Kennedy said, “I would 1m- agine that’s a bit of a fairytale.”

The case was adjourned to establish if either have previous convictions in Poland.

A YOUNG woman has admitted pulling her pregnant sister-in-law’s hair, in what her solicitor said was “a moment of madness’”’.

Ann Marie O’Loughlin, of Davitt Terrace, Ennis, was convicted of as-

saulting Donna McDonagh in Ennis, on July 6 last year.

Garda Breda Cronin told Ennis District Court that Donna McDonagh had complained to gardai that Ann Marie O’Loughlin had assaulted her. Donna McDonagh was four months Ovusrca tT-VOL MENA Som BUNS TCR

“She grabbed me from behind and tried to kick me into the stomach,” Donna McDonagh told the court.

Defending solicitor Tara Godfrey said her client, a mother-of-five, “wasn’t in her right mind”. She asked that the Probation Act be applied.

Judge Joseph Mangan replied, “‘Ap-

ply the Probation Act for assaulting a joy ueyea OreDOL AMY epee T0 eam

Ms Godfrey said it was “a moment of madness” on her client’s part. Judge Mangan adjourned the case for preparation of a psychiatric report.

“The intention as of now is custo- dial,” said the judge.

A FORMER Killaloe doctor who was charged with 18 offences last month, including defrauding termi- nally ill cancer patients, faced a fur- ther 26 charges yesterday (Monday).

Pascal Carmody (60) of Bally- cuggaran, Killaloe, was originally arrested on December 17 last and charged with 18 offences.

These charges included defrauding three terminally ill cancer patients of between €100 and €20,000 between January 2001 and December 2002.

At Killaloe District Court yester- day, Detective Sergeant Oliver Nevin gave evidence of arresting Mr Car- mody at Cullina, Ballina, County Tipperary, and charging him with 26 additional offences.

The accused made no reply in re- sponse to the charges.

The alleged offences include steal- ing cheques and obtaining monies under false pretences, contrary to the Feo aa

Mr Carmody is also accused of deception, contrary to the Criminal Justice Theft and Fraud Act.

The original 18 offences are similar to the new ones preferred yesterday and involve six alleged injured par- ties in total.

All the offences are alleged to have occurred at a clinic in east Clare. Some of the charges allege that the

former GP obtained money “by false- ly pretending that cancer would be cured by photodynamic treatment.” In court yesterday, the State did not object to the accused being remand-

re Moye ealomcr Den Com oy HOMO Neca leIm-nKM als OURAN NMe Nr bushy

Judge Joseph Mangan remanded Mr Carmody on continuing bail to appear in court in March, for service

of the Book of Evidence.

A FORMER heroin addict has told a court she lost everything during a two-year spell and wants to get her life back together, having undergone a detox programme.

Anett Hausmann (30), of Bishop’s Court, Ennis, pleaded guilty to pos- session of heroin, on May 16, 2006.

Sergeant John Brennan told Ennis Circuit Court that as a result of in- formation, a taxi was intercepted at Ballina, Killaloe.

Two people were taken to Shannon Garda Station, where the accused

handed over a quantity of heroin which she had concealed internally. The street value of the drugs was €555.

“She was being used by another person to convey drugs from Dub- lin to Ennis. We were concerned she was keeping company with this indi- vidual,” said Sgt Brennan.

At a previous sitting of the court, Hausmann pleaded guilty and gardai expressed concerns in court last July about the company she was keeping.

Ennis Circuit Court heard last week that Hausmann left Shannon Airport for Stanstead on July 29 last. She

then travelled to her native Germany, where she stayed for some time. The court was told she had previously injected heroin, but has not used it since July.

In September, gardai in Ennis be- came aware that she had returned to the town.

“She hasn’t come to the notice of gardai, but we are aware she is in the company of heroin abusers,” said Sgt Brennan.

Hausmann’s barrister Pat Whyms said his client went into a four-week detox programme in Germany. He said she had been living in Ireland

for more than seven years and want- ed to return to her friends here. Judge Carroll Moran said, “She is entitled to be here.”

Hausmann told the court that she had stayed with a former associate for just two nights when she returned, but since moved to another address in Ennis. “I have lost everything over the past two years. I hope to start again where I left off,’ she said.

Judge Moran said the case “mer- its the intervention of the Probation service. He told her to co-operate with the Probation service, and ad- journed the case until March.

A DRIVER who failed to remain at the scene of a road accident has been banned from driving for five years and warned he will face jail if he fails to pay compensation.

Ennis District Court heard that De- clan O’Dea was involved in a crash close to Francie Daly’s garage in Ennis, on October 17, 2006, during which €1,500 worth of damage was caused to another vehicle.

O’Dea, of Hazelwood, Ennis, who

was driving a car, was ‘eventually lo- cated’, the court was told.

JS CSBUIDLSE-VO MAC CoreN(eOm POO) A(cre eles slmm alone later admitted his role in the incident. He pleaded guilty to a number of charges arising out of the accident.

Inspector John Galvin told the court that on March 30, 2007, the accused “admitted it was him when there was evidence put to him by the gardai”.

Defending solicitor Daragh Hassett said his client lost his job in Septem- ber 2007. Otherwise, he would have

paid compensation, he said.

Judge Joseph Mangan said _ to O’Dea, “You were working for al- most a year after this and you haven’t paid a penny compensation.”

He noted that the accused did not admit his role in the accident for sev- eral months, adding, “You dragged this out. You behaved dishonestly on the night.”

“I am giving you a month to pay that (€1,500) and you are going to prison if you don’t come up with it,” added the judge.

He banned O’Dea from driving for five years and fined him €1,600 for failing to keep his vehicle at the scene and failing to stop.

He imposed a two-month jail term for failing to produce appropriate in- formation to gardai, but substituted this with community service.

He fixed a bond in the event of an appeal, of his own surety of €6,000; €4,000 of which was to be lodged to the court.

He adjourned the case for payment of compensation.

A YOUNG man who was deliver- ing leaflets to homes succumbed to temptation and stole a wallet he Saw in one of the houses, a court has heard.

Igor Kudriashov (23), of Oakfield, Fr Russell Road, Raheen, Limerick, admitted entering a building as a trespasser and stealing a wallet with

€20 cash, on November 12 last.

Inspector John Galvin told Ennis District Court that the property has been recovered and the accused was co-operative.

Defending solicitor Vincent Shields said his client delivers leaflets to eters

‘On the date in question, he was de- livering leaflets and he passed by this open window. He put his hand in the

window and took the purse.

‘He had passed by the window earlier. When he passed it the sec- ond time, he was tempted,’ said Mr See else

“He doesn’t know what overcame him. He panicked and took €20 from the wallet and threw the wallet into the bushes,” added the solicitor.

JS omT-NICMMY Use MN CSIRO Iota e-em erO ee fronted by gardai, he immediately

brought them to the bush where he had thrown the wallet.

Kudriashov, a native of Lithuania, has lived in Ireland for more than a year and has never been in trouble before, the court heard.

Judge Joseph Mangan remanded him on continuing bail and ad- journed the case to establish if he has any previous convictions in his na- tive country.

, Cllr Meaney said that he had been in contact with his solicitor re- garding comments which appeared on the front page of a local newspa- per last week.

Meaney described the comments as being “wild rhetoric” and “tanta- mount to intimidation.”

Senator Dooley had last week threatened legal action against any members of Clare County Coun- cil who supported the ban on TD’s meeting planners in non-public areas of the planning office.

‘There is nothing cut and dry about this yet, the TD’s are certainly mov- ing among their own groups. There is talk of legal action,’ said Cllr Meaney.

“I have had to go and get my own legal advice in relation to comment I read on the front of a local publica- tion last week. My legal advice are watching the situation and have de- scribed the comments as idle threats and tantamount to intimidation.

“It was wild rhetoric and it was ill

thought-out. The notion of suing a councillor who chooses to support a motion is a limit to our free speech.”

Cllr Meaney was speaking after an in camera meeting of Clare County Council last night.

SW slow antec nestcom yd eNCONMM Nc: enrel sere LUE tere! to last just 45 minutes, spilled over

into the time allocated for the gen- eral council meeting and lasting for more than a two and a half hours in KO)E-YB

Journalists and spectators were re- fused access to the meeting, but, ac- cording to Cllr Meaney, the situation regarding access I’D’s gaining access

to non-public areas was clear. “There was an awful lot of resist- ance to introducing a procedure that would interfere with the County Councillors right to engage with the planning system. Certainly, it was made clear at the meeting that the TD’s have no rights in terms of ac-

cess to the planners,” continued Cllr Meaney.

“They have rights to make repre- sentations, they have rights in terms of making planning legislation’s, but they have no rights in terms of ac- cessing the non public areas.

“We don’t have to reinvent the Wheel on this issue. The four plan- ning authorities in the Dublin area do not allow any access by TD’s to the non-public areas of the planning office. It has to be done in a transpar- OLA Nl

According to Cllr Meaney, the situ- ation regarding County Councillor access to the non public areas of the planning section has been deferred to next Mondays meeting of Clare County Council.

Speaking after the meeting, Cllr Martin Conway described the pro- ceedings as “constructive”.

“I’m not in a position to discuss anything that was discussed at the in camera meeting, except that I felt that it was a very productive meet- ing,” he said.

“We had a very detailed and frank discussion and I would be confident that we will have a very satisfactory resolution to the issued that council- lors were faced with.”

THE proposed controversial right of way accessing Doughmore beach is to be part of an oral hearing.

Kilrush area councillors voted for the proposal outlining plans to close part of the Caherfeenick road and open a new pedestrian access through Doonbeg Golf Club on to the beach, to go on public display.

An inspector will then be promoted and an oral hearing held on the is- sue.

Under the proposal, a right of way on to the beach will be handed over to Doonbeg Golf Club Limited in exchange to alternative access to the beach and further conditions.

Clare County Council executives maintain that the proposal will have no affect on a high court judicial re- view taken by the golf club against An Bord Pleanala.

Under the proposal, which must fi- nally get the approval of the elected members of the council, the right of way over part of the public road at Caherfeenick, Cree will be extin- guished for 120 metres.

The extinguishment will only take place when certain criteria are met

by the golf club. Among the commit-

ments is the provision of a car park County Council’s specifications and

of 35 spaces constructed to Clare

supervised by local authority staff. An area of land including the car

park and a further estimated 0.6 acres for 35 more car park spaces must also be transferred into the ownership of Clare County Council.

A new “turn table at the new termi- nal point” on the Caherfeenick road to Clare County Council’s specifica- tion in size and standard must also be constructed and bollards installed.

“A clear legal grant of a pedestrian right of way to be given by Doonbeg Golf Club to Clare County Council from the turn table” at the end of the road to the beach is another part of the controversial proposal.

A document circulated to the coun- cillors also points to “a clear legal grant of a vehicular right of way for emergency vehicles” to be given by the golf club to Clare County Coun- cil and this right of way to be three metres wide. The final criteria to be met by the golf club states that Clare County Council is to be “indemni- fied against any claim on the Doon- beg Golf Club property by Doonbeg Golf Club.”

on January 1, Davy Fitzger- ald confirmed on Friday that he will return to the Clare panel in the com- TP OTSMR ere) Oe

Having parted ways with the Clare set-up under Tony Considine while on the cusp of eclipsing Christy Ring’s championship appearance record, the Sixmilebridge goalkeep- er 1S now Set to resume Clare training next month.

Fitzgerald picked up a serious injury playing for his club in the champion- ship last autumn and says his injured finger “still isn’t 100% right” and that his “doctors think I am mad” to CLoyeTSleCosmBUCLAUDM ON DETSS

“All I want to do is play,” said Fit- zgerald on Clare FM. “I could go out and coach a team and stay writing and make a pile of money, but I’m in-

terested in going out and seeing how the hand will react. I want to give it a right chance.”

His return to the inter-county scene at 36-years-of-age marks one of the highest profile combacks in modern hurling history and represents the first stern test for Philip Brennan, one of Clare’s best performers in the championship last season.

“Philip Brennan’s performances of class and skill have pushed him to the forefront of goal- ies, not only in Clare, but goalies in Ireland. Philip did a great job last year under pressure and I know the way Mike Mac oper- ates,’ said Fitzgerald on Friday. “He would make no promises.”

Mike McNamara him- self added that Fitzgerald will be given the same

treatment as every other player.

“A fully fit Davy Fitzgerald would make a massive contribution to Clare,” the manager said.

‘The aim of this management team and the ambition of this management team is to stabilise [Clare] and move [Clare] back up the ladder of hurling counties. That’s quite a task and it re- quires all the better players in Clare.

“In that line, David and myself have spoken and hopefully in a week or

two, the medical advice will be that he can return to attempt to regain the strength in his hand.”

Fitzgerald also pointed out that he has kept his counsel on events in 2007.

“Last year, I don’t think I said anything to anyone and I’ve no intention of doing it. It’s in the past.

For me, my county is the most im- portant thing, whether I play or not.”

Speaking in Meelick on Sunday af- ter his LIT side eased past Clare in the Waterford Crystal Cup, Fitzger- ald wouldn’t be drawn further on his return.

“Tl give it a try anyway and see what happens,” he said. “I don’t re- ally want to talk anymore about it. Whatever happens, happens and the most important thing 1s to play. We’ Il leave the talking until later on in the year.”