Month: July 2008

MEMBERS of Clare County Coun- cil and Ennis Town Council have been warned by developers that the economic effects of no developments being allowed to proceed in and around Ennis will be ‘widespread’.

In the past number of months, devel- opers, including McInerney Homes, Finn Properties and Crystal Partners have had applications for develop- ments totalling over €0.5 billion re- fused in the Ennis environs.

Now, they have come together with other developers, Keco Construction Ltd, Luxury Homes, Paul O’Brien/ Joe McNamara who are facing major setbacks due to the inability of the town’s sewage capacity to cater for

new developments to call on council- lors to address the situation.

The councils have placed an embar- go on any new developments until the commissioning of anew €75 million sewage treatment plant in 2012.

In a joint letter to councillors, the developers expressed their concerns by stating, “In response to the un- certain future of development in the area, we wish to collectively convey our concern for lack of any develop- ment potential in the short to medi- um term.”

They state, “Despite in excess of ten years of unprecedented development and growth in and around Ennis, we are now left in a situation that the area 1S being choked by the chronic lack of capacity in the wastewater

treatment system.

“Although the Ennis main drain- age 1s being progressed, the obvious CLS ECO e NON Co UI NORCUIM KONDO Be -Kisubler ture, which include storm water in- filtration into sewer network, lack of treatment capacity and capacity in the pump station network have been ignored for far too long.

“We are now in a Situation where no development can take place in Ennis until temporary upgrade works are carried out in advance of the com- missioning of the Ennis main drain- age scheme in 2012.

“The effect of no development op- portunities caused by this infrastruc- ture shortfall will be widespread. The economic effects will be felt by the town and council alike.

The letter goes on to state that the employment generated in the con- struction sector, the commercial and retail development of Ennis, and numbers waiting on social housing lists will all be adversely affected by this freeze on development.

It continues, “We feel that it is in- cumbent upon the council to firstly put the necessary plan in place to al- low reasonable future development prior to the commissioning of the Ennis main drainage.”

“We would hope that we could work in conjunction with town and county council to explore all the feasible options and we believe that a successful interim solution would serve the greater needs of the people of Ennis.”

YOUNG Brazilians in Gort are be- ing denied access to third level edu- cation in what amounts to an educa- tional apartheid.

Fears have been raised locally that the integration of young Brazilian children could be severely hampered if provisions are not made to allow them to continue their education af- ter the Leaving Certificate.

At present, non-EU nationals must be in full-time residence in the state for a minimum of five years before they can even begin the application process for Irish citizenship.

In addition to this, all non-EU citi- zens must pay fees of up to €3,000 per year to attend university in Ire- land and are not eligible for any form of grant assistance.

This situation has led to a growing number of Gort’s Brazilian commu- nity being forced out of the education system – despite completing their Leaving Certficate and being full- time legal residents in the country.

“What’s going to happen to the kids who are leaving school now – are they going to have to wait for four or five years until their residence can be sorted out? These guys are ready to go, they have worked really hard,

got really good Leaving Certificates and then they are in a dead end situa- tion,” said Frank Murray of the Gort Brazilian Association.

“These kids are the first members in their families to get any education. They are grabbing it with both hands and doing so well in school. This situation just puts them back into a cycle of family poverty.”

Fears have also been raised deny- ing these young Brazilians access to education could have a very negative effect on the integration which is taking place in the community.

“The single best area for cultures to mix is in school. The Brazilian kids

and the locals have been hanging out, playing sports together and getting on the last six years. There are mixed relationships where a Gort youngster will be off to college and their girl- friend of boyfriend just won’t be able to,’ continued Mr Murray.

“We are already creating toler- ance and understanding through the schools and it is working well. Some of these kids have been together for nine years, all their best friends are getting ready to go on to third level and all of a sudden they are told that “we don’t want you”.

“They are being separated and seg- regated and it makes no sense.”

during the week to

complain about the disruptions while

local businessman Dick Grant draft-

ed an open letter to County Manager, Alex Fleming on the matter.

In the letter Mr Grant critisised

the timing of the development, the

amount of car parking spaces elimi- nated by construction work and a lack of consultation with locals.

This has prompted north Clare County Councillor Martin Conway (FG), to propose a system which would see council subcontractors prohibited on working in tourist ar- eas during June, July and August.

“This is another development which has been timed badly with the busy summer months,’ said Cllr Conway.

“The Clare County Council have clearly have not taken into account the needs of the local community at this time of the year and there should be a contractual restriction on any further development in tourist areas in the summer months.”

ATLANTIS Development Ltd has withdrawn planning applications for two separate park and ride fa- cilities serving the Cliffs of Moher – just hours before a final decision on planning was due from Clare County Council.

The company has also lodged fresh planning applications for the con- struction of park and ride facilities at the same locations – at Coogyulla, Doolin and in Main Street, Liscan- nor.

The new application lodged by At- lantis for the park and ride service in Liscannor consists of a considerably smaller development than the origi- nal application which was withdrawn last week.

The proposed extension and up- gerade of hostel accommodation

at Egan’s Pub has been virtually halved.

Instead of the 14 bedroom hostel and eight apartments originally pro- posed, the new application consists of a seven bedroom hostel and five apartments.

The proposed demolition of a number of structures located be- tween Egan’s and McHugh’s Pub in the village has also been abandoned in favour of altering the existing SSM CRON KeNe

The new application for the Coogy- ulla park and ride in Doolin is simi- lar to that previously applied for.

A spokesperson for Atlantis Devel- opment Ltd told

IRELANDHOTELS.COM, the Irish Hotels Federation’s (IHF) accommo- dation website, has joined forces with Shannon Development to launch a summer marketing initiative through its new short breaks website, www. shortbreaksireland.1ie.

The partnership will see a wide range of value short breaks feature on the website throughout the re- mainder of the summer.

The website provides a resource for holidaymakers keen to avail of “best value’ deals in the Shannon region, allowing visitors to view special of- fers on everything from activity and spa breaks to romantic weekends AEN

Commenting on the initiative, Michael Vaughan, chairman of the IHF Shannon branch, said “We’re delighted to work closely with Shan- non Development to promote the re- gion as a highly desirable destination

offering a high quality product.”

“The partnership is an excellent opportunity to achieve sustainable development and growth of tourism and is a very positive development for marketing the region.”

He added, “Using www.short- breaksireland.ie. to book hotel and guesthouse accommodation offers people the best deals, cheapest prices and is an exciting channel for hotels and guesthouses to promote their products.”

John King, Heritage and Tourism Director, Shannon Development, stated, “The Shannon region has an unrivalled array of top class visitor accommodation and attractions. We are delighted to work with the Irish Hotels Federation to promote these attractions.”

“This venture combined with a range of other tourism marketing initiatives we are implementing will help drive additional tourism busi- ness to the Shannon region.”

THE summations to the jury of the evidence brought in the trial of Pas- chal Carmody were lengthy and took almost an entire day in court.

The two senior counsel involved with the case had the job of summa- rising the case in terms of evidence for their respective sides heard over five weeks.

Beginning the summation before the jury of 11, Denis Vaughan-Buck- ley for the prosecution said that they ‘can not decided these cases based on sympathy for the accused or sympa- thy for the alleged victims. You must base your decision on the evidence you have heard and that alone.”

He told jurors that they had heard “evidence of a number of patients

who have done extremely well. But you have to decide on the three cases you have before you. You have heard evidence that he (Carmody) put his hand on Conor O’Sullivan’s shoulder and told him ‘Ill cure your cancer or at least keep you alive”.

He said that Carmody had said in direct evidence that he had been trained in PDT as an undergraduate in University College Galway “but there was no training in PDT treat- ment at UCG at the time he was an undergraduate”, the prosecutor said.

In Carmody’s defence, Pat Mar- rinan SC said that some of the wit- nesses whom it might have been ben- eficial for the jury to hear could not prom meellem me

Mark Hadden, who had been a pro- ponent of Carmody’s and had lived

several years after being treated by him had passed away just before the trial. Despite there having been evi- dence that he had met some of the pa- tients involved in the cases, this was “not declared upfront. Why when this was man who had had such a positive experience with Dr Carmo- dy why were they trying to cover that up? Why did the fact that he had met these people have to be dragged from IW STomAW ALB OCerstsonc ei

He told the jurors that the families of the cancer victims were under emotional strain. “Anyone who has been close to someone who is dy- ing of cancer knows that days flow into weeks and everything becomes a blur. It is not an event that you can recall as a day-to-day experience.”

He said that all of the patients,

without exception, had misinterpret- ed what their consultants had said to them prior to coming to Carmody.

“Were they told by their oncolo- gists that they were all clear or was that what they wanted to hear?”

He told the jury that the case “is about fraud. It is for you to judge, having in mind that he has served for 30 years as a doctor, having seen the people who took the stand on his behalf and testified from their hearts, you must judge, is that man a fraud- ster?”

IT would be very wrong to convict an innocent man, but it would also be very wrong to acquit someone if evidence was available.

That was the statement made by Judge Rory McCabe, as he told the jury to consider each charge against Paschal Carmody separately. He said there were two types of charges to be considered; false pretences and de- ception, relating to three patients.

‘Each of the three suffered from a deep-seated terminal cancer. In all but one, all other methods were ex- hausted. All three died within a rela- tively short period of time of receiv- ing treatment,’ he said.

“You may find some evidence cred- ible and some not credible. If any

evidence has two different meanings and one is favourable to the defence, you must use what is favourable to the accused. If you have a doubt, you must acquit,” he said.

He pointed out that Mr Carmody had chosen to give evidence in the trial. ““His evidence is no different to any other evidence in this case. It is up to you to decide what weight to give his evidence. If you feel a charge is proved beyond reasonable doubt, convict. If you have reason- able doubt, you must acquit,” said the judge, last Wednesday.

“To convict an innocent man would be very wrong, but it would also be very wrong to acquit someone when the evidence is there beyond reason- able doubt,” said the judge, who said the ideal verdict on each charge was

unanimous.

He also told the jury that John James Gallagher’s wife Bernadette – who gave evidence during the trial – is suing the accused for damages.

He noted that at the beginning of the trial there had been 25 charges, but directed the jury to find Mr Car- mody not guilty on eight of those charges. “The prosecution accepts there is insufficient evidence to pro- ceed,” he said.

He said there was no evidence of any promise of a cure made in rela- tion to Mary O’Connor, Josephine Durkan or Karen Kurvink.

FORMER Killaloe-based doctor, Paschal Carmody, has been acquit- ted of 14 charges of deception and false pretences, at the end of a five- week trial at Ennis Circuit Court.

Mr Carmody (60), of Ballycugga- ran, Killaloe, had pleaded not guilty to 25 charges, relating to six cancer patients and their relatives, between September 2001 and October 2002.

He had denied obtaining money by falsely pretending that he would cure six terminally ill cancer pa- tients through photodynamic therapy (Cae

At the end of six-and-a-half hours deliberations last Thursday evening, the jury of eight men and three

women found him not guilty of six charges and returned verdicts of dis- agreement on 11 charges. Trial Judge Rory McCabe had directed the jury to find Mr Carmody not guilty on eight other charges.

The judge discharged the jury at the end of the trial, which had heard from 64 witnesses; 49 for the pros- ecution and 15 for the defence, over 20 days.

Judge McCabe adjourned the case relating to the 11 charges in which disagreements were recorded until September 29 next, at Ennis Circuit Court. The matter will go back to the office of the Director of Public Pros- ecutions, who will decide whether a retrial on the 11 charges – which relate to more than €30,000 in pay-

ments – will take place at a later date.

During its deliberations, the 11- person jury sought clarifications on a number of issues. They asked who ordered the photosensitising drug for John James Gallagher, if William Porter was not a licensed practitioner at the time and also asked where it was stored.

In response to these queries, the judge told them, “There is no evi- dence as to where the photosensitiser was stored… There is no evidence as to who ordered the drug.”

The jury also noted that letters be- tween Dr Carmody’s wife and Dr Porter had not been included among the exhibits and asked could they be read out.

Judge McCabe told them, “We de- cided the letters wouldn’t be exhibits for legal reasons. Disregard them.”

The jury retired shortly after lunch on Wednesday. After hearing that it had not reached unanimous decisions by 6.20pm that evening, the judge sent them to a hotel for the night.

The deliberations resumed on Thursday morning, when the jury sought to watch a video of the East Clinic. Just before lunchtime on Thursday, the jury indicated that it would not be in a position to agree on everything and asked the judge would a majority verdict be accept- re

Judge McCabe addressed that issue immediately after lunch and asked the jury had it reached unanimous

decisions in relation to any counts. The foreman indicated that it had, on some of the counts and the judge then gave the jury the option of a 10:1 ma- jority verdict on the other charges.

Over two hours later, at 4.45pm, the jury was told it was open to them to disagree, where there was no pros- pect of reaching a decision. The jury delivered its verdicts on all counts at 5.20pm.

The verdicts brought tears for the families of John Sheridan, John James Gallagher and Conor O’Sullivan, while a supporter of Pas- chal Carmody clapped at the back of the tense courtroom. Asked did he wish to comment as he left Ennis courthouse an hour later, Mr Carmo- dy simply replied, “No thank you.”

THE trial heard details of treatment received by three patients, at the East Clinic in Killaloe. While six patients were listed on the 25 charges, there was insufficient evidence to pro- ceed with three of those, Josephine Durkan, Mary O’Connor and Karen Kurvink.

Relatives of John Sheridan, John James Gallagher and Conor O’Sullivan gave evidence during the lengthy trial. Six of the 17 charges that went to the jury related to John Sheridan, four related to John James Gallagher and seven related to Conor O’Sullivan.

Mr Sheridan, from Kells, County Kilkenny, died from cancer in No- vember 2002. He had several tu- mours on his liver and had colon can- cer. His wife Margaret told the trial that Dr Carmody told him he was “a strong man. He said he could benefit from the treatment and he would be able to help him.”

She said her husband was delighted and it gave him hope.

Mr Sheridan’s brother-in-law Mar- tin Smith said that at a meeting with Mr Carmody and his colleague Dr William Porter, at the East Clinic, on October 16, 2001, Mr Carmody briefly touched him on the elbow and said, “We’ll cure John’s cancer.”

He said that Dr Carmody and Dr Porter were “speaking off the same hymn sheet on the PDT treatment.

They believed in the treatment. They said they would cure him (John) and despite all my scepticism, they were doctors. You invest trust in doctors and I believed them too.

“John was facing death and this was his last hope and he believed that the treatment would cure him,’ said Mr Smith.

John James Gallagher’s widow Bernadette told the court she felt cheated by the doctors at the Kil- laloe clinic where her husband had received PDT.

Mr Gallagher had cancer of the liv- er and died in September 2002. He underwent PDT at the clinic in Feb

ruary of that year. Bernadette Gal- lagher said that Mr Carmody told her and her husband he was opposed to chemotherapy as it was “barbaric.”

Instead, he recommended PDT, which, he said, was suitable for all types of cancer and would destroy her husband’s cancer. They paid €14,000 for the treatment.

She said Mr Carmody told her hus- band the treatment was ‘just like magic’ and they thought it was too good to be true. Mrs Gallagher said that Paschal Carmody told her hus- band it was his mission in life to find a cure for cancer.

She said that their son Tecwen, now 23, asked Dr Carmody would he keep his dad’s cancer at bay. She said he replied, “We’re not alone going to be able to hold it at bay, we’re going to destroy it. Aren’t we Bill? (to Dr

Porter)’

Conor O’Sullivan died from cancer on November 13, 2002, just weeks before he turned 16.

His mother Christina told the trial that Paschal Carmody promised

that he would cure his cancer or “at worst” keep him alive.

In 2001, ewings sarcoma was iden- tified and Conor underwent chemo- therapy. At that stage he was given a 50-50 chance. He was later given

just six months to live, after a scan in May 2002 showed that his tumor had returned.

The O’Sullivans visited the East Clinic and she said that Paschal Car- mody said PDT would work a treat on Conor’s type of cancer.

‘He said the doctors up in Dublin don’t know the good work we do down here,’ she said.

She said Dr Carmody told them that Dr William Porter would do the treatment.

“He came around from the side of his desk and went around to Conor and put his arm on his shoulder and said, Conor I’ll cure your cancer and at worst if I don’t cure your cancer, Pll at least keep you alive,” she said.

“We felt as if the weight of the world was lifted off our shoulders. We were on cloud nine,’ she said. Conor underwent the treatment on July 29 of that year, but died in No- vember.

However, in court, Mr Carmody de- nied the allegations and insisted that he never promised any of his patients he would cure them of cancer.

‘“T never use the word ‘cure’ in any care, with any patient,’ he told the ete

His barrister Pat Marrinan SC, told the jury in his closing speech, “Pas- chal Carmody didn’t kill these pa- tients, cancer did.”

THE garda investigation into allega- tions of false pretences and decep- tion took place over a three-and-a- half year spell and culminated in the five-week trial of Paschal Carmody.

In 2004, gardai in Killaloe and the Irish Medicines Board received complaints from former patients of Paschal Carmody and William Por- om

These complaints prompted an in- vestigation to be launched, but what took those involved by surprise was

how extensive the probe was going to be.

The complaints, relating to Mr Car- mody and Mr Porter, were numerous and dozens of witnesses were inter- viewed. Searches of the East Clinic in Killaloe, along with various other premises were carried out in July 2004, as part of the investigation.

A full-time team of gardai was ap- pointed to the investigation which was headed up by Killaloe-based Detective Sergeant Oliver Nevin. Members of the Dublin-based Na- tional Bureau of Criminal Investiga-

tion (NBCI) were brought in to assist in the complex probe.

After months of extensive inves- tigations, a file was prepared for the Director of Public Prosecutions (DPP). This file related to 11 patients and in December 2007, the DPP ruled that 44 charges be brought against Paschal Carmody, relating to Six patients.

No charges were brought in rela- tion to Mr Porter, who had left the jurisdiction. He is now believed to be bm Ov ebb

Mr Carmody appeared before Lim-

erick District Court last December, on 44 charges. 19 of those charges were later dropped and he went on trial last month, facing 25 charges, relating to six patients.

In summing up at the end of the evidence, Judge Rory McCabe di- rected the jury to find Mr Carmody not guilty on eight of the charges.

One of these related to John Sheridan, three related to Jose- phine Durkan, two related to Mary O’Connor and two related to Karen Kurvink.

The jury found Mr Carmody not

guilty on two charges relating to John James Gallagher and disagreed on two other charges relating to him.

Of the six charges relating to John Sheridan, Mr Carmody was found not guilty on four and the jury disa- greed on the other two.

The jury could not decide on any of the seven charges relating to Conor O’Sullivan and recorded verdicts of disagreement on those.

The matter will now go back to the Director of Public Prosecutions, who will decide if Mr Carmody is to be re-tried on those 11 charges.