Month: October 2008

A SHANNON man has applied to a court not to have his family’s court cases reported in the media – howev- er he was told the court does not have the power to make such a ruling. The application was made _ by Michael James McDonagh (34), of Ballymurtagh Halting Site, Shannon,

at Ennis District Court on Friday.

Mr McDonagh’s wife Kathleen (33), of Cronan Lawn, Shannon, was in court the previous week on public order charges and this was reported in the media.

In court on Friday, his solicitor Tara Godfrey said Michael James wanted to make an application to the court on behalf of himself, his wife and his

IeNOOvENe

‘He is taking exception to the fact that the papers reported on him. He wants to make an application to you on that,’ she said.

“He doesn’t want his cases to be reported on in the press,” said Ms CrerelsKay

However, Judge Joseph Mangan said the only case he was interested

in was the case before the court, where Kathleen McDonagh was ac- cused of breach of the peace at Bal- laghboy halting site, Quin Road, En- nis, on October 8 last.

“I have no power to make that or- der,’ he said.

The judge then asked Ms Godfrey, “How did your client find out there was something he didn’t like in the

paper if he can’t read?”

The solicitor replied, “It must be from looking at the pictures.”

Earlier, Mr McDonagh was ordered to stop reading a newspaper in the courtroom.

“When told by the judge he was not allowed to read the newspaper, he replied, “I’m just looking at the pictures.”

TWO months elapsed before a sam- ple of urine was tested for the pres- ence of drugs at the Medical Bureau of Road Safety, due to the Christmas backlog.

SUiiMoselucemnre meebo MmmClebubercams ele case of an east Clare man, accused of driving under the influence of an intoxicant. While his urine sample was sent away for analysis just days after he was stopped by gardai, the test for the presence of drugs did not take place for two months.

Niall O’Gorman (21), of MHur- lestown Meadow, Broadford, was charged with the alleged offence, at Hurdlestown, Broadford, on Novem- ber 23, 2007.

Garda Joe McGlynn told Ennis Dis- trict Court that he was carrying out a checkpoint shortly before midnight on Friday, November 23, 2007.

He said that a car was driven around a bend at great speed and in an er- Teele Com eaten evele) m

He stopped the driver, Mr O’Gorman. He said he got a strong smell of cannabis from him, his speech was slurred and his eyes were glazed.

He searched the car and found a half joint of cannabis in the ashtray. He brought Mr O’Gorman to Killa- loe Garda Station, where he provided a sample of urine.

The following Monday, the garda sent the sample by registered post to the Medical Bureau of Road Safety. On December 20, he received a certificate from the Bureau, which

stated the result for the presence of alcohol was ‘nil.’ Three months later, on March 20, 2008, he received no- tification from the bureau, indicating the presence of cocaine class and cannabis class in the urine.

Defending solicitor Daragh Has- sett said his client denied that he was travelling at speed. He said his client accepted that he had smoked canna- bis in the past.

However, he said the accused would deny that his speech was sounding slurred.

‘He didn’t say that was his joint. There were two people in the car,” said Mr Hassett, to which the garda replied, “No he didn’t, but I got the smell of cannabis from his breath.

“Judging by his driving initially, then the presence of cannabis in his car and the smell of cannabis from his breath and the presence of ash on his clothes would arise my suspi- cions,’ said the garda.

Mr Hassett asked the garda did he make a recommendation for the sam- ple to be tested for the presence of ora b ees

The garda said he asked the doctor to write it on the certificate which was Sent to the bureau, “to try and as- sist the Medical Bureau. I was under the impression the driver was driving under the influence of drugs.”

Mr Hassett then called two witness- es from the Medical Bureau. One of them, Grainne Harrington, said she received the sample of urine in the post on November 27, 2007, and be- gan testing it on December 12.

She signed off on the analysis on

December 20 and sent notification to Mr O’Gorman and also to the garda the following day.

She said the sample had not been immediately tested as “we are ana- lysing many, many samples every Chae

She said that while samples are awaiting testing, they are stored in refrigerators and said the time span would not be unusual.

Ms Harrington said that the sample returned a reading of ‘nil’ for alcohol and was then passed to a colleague to test for the presence of drugs.

Mr Hassett then asked her why the test for the presence of drugs did not take place for three months. She said the bureau was extremely busy over

the Christmas period.

Four or five scientists work on drug analysis, while six or seven are em- ployed in the area of analysis for al- cohol, she said, and the work is d1- vided out.

Susan McDonald, also from the bureau, told the court she tested the sample of urine between January 28 and March 20, 2008.

Mr Hassett put it to her that there was almost two months of a gap be- fore the sample was tested for drugs. She said this analysis was com- pletely different to the analysis for the presence of alcohol. Analysis for the presence of seven different drug classes takes place.

“There are lots of different proc- esses involved,’ she said.

“Two months and one day had elapsed before you began to test this sample. This is not in compliance with Section 19 which calls on the bureau to carry out a test as soon as is practical,’ said Mr Hassett.

She replied, “It was done as soon as was practical. Other samples were being tested.”

She said samples were stored in re- frigerators while they were waiting to be analysed, “so the content of the specimen is not in doubt.”

Asked by Inspector Tom Kennedy, prosecuting, had there ever been any difficulty with a sample due to the lapse of time, she replied, ““There has been no difficulty with analysis.”

Asked did the wording, by the doc- tor, on the sample, have any signifi- cance on the test, she said it hadn’t.

Inspector Kennedy said the critical

issue was that the sample remained good.

“It’s in accordance with procedures and that’s what is there,’ he said.

However, Mr Hassett said it was incumbent on the gardai to get the samples off to the bureau and for the bureau to analyse the specimens as quickly as possible.

‘Ms Harrington appeared to suggest the delay in the certificate of analysis was due to the Christmas backlog. I don’t think the Road Traffic Act had that in mind, sure there will be a lot of drink drivers at Christmas. There is a delay of three months here for a positive drug analysis,” said the so- licitor.

Judge Joseph Mangan then recalled Ms McDonald, asking her, “Am I to understand this sample stood in a queue for two months and one day for no other reason than there were other samples to test?” She said that was the case.

Inspector Kennedy then said the defendant had not been disadvan- taged by the delay.

“The State has six months to bring a case like this,’ he said. However, Mr Hassett disputed this.

“Of course there is prejudice. He got a certificate in December to say the sample was nil (for alcohol) so he assumed he was out of the woods. He was prejudiced by receiving the cer- tificate three months later,’ he said.

Judge Mangan said he would de- liver a ruling on the charge later this month.

FORMER Killaloe-based doctor, Paschal Carmody is to face a retrial on 11 charges of obtaining money by false pretences from terminally ill cancer patients.

Ms Carmody (60), of Ballycugga- ran, Killaloe, went on trial at Ennis Circuit Court, earlier this year, ac- cused of 25 charges in total.

At the end of a five-week trial in July, he was found not guilty by a jury on six charges. The trial judge, Rory McCabe directed that he be found not guilty on eight charges, while the jury failed to agree on 11 Ol omen Nexoe

SW slow ret -LAKMM Wem A (oOo) Cou Koe ml py:(e.< to the Director of Public Prosecu- tions, who would decide if he was to be retried on the 11 outstanding charges. Limerick Circuit Court was told last Tuesday that Mr Carmody will face a retrial on the 11 charges. Judge Carroll Moran heard that the prosecution would be seeking to have these case heard in Dublin. This application will be heard in court in December. The 11 charges relate to sums amounting to more than ©30,000, obtained from three cancer patients and their families who visited his clinic in Killaloe, between Septem- ber 2001 and October 2002. They were John Sheridan from Kil- kenny; John James Gallagher from Westmeath and Conor O’Sullivan, a 15-year-old boy from Co Wexford. All three died within a relatively short period of time of receiving treatment at the East Clinic. Mr Carmody had denied obtaining money by falsely pretending that he would cure the terminally ill cancer patients through photodynamic ther- “lO ae a DADE

FOLLOWING on from their All-Ire- land Junior success last month, Clare camogie is on the cusp of moving up the senior ranks for 2009. At a met- ing of the Cumann Camdogaiochta na nGael in Croke Park on Monday there was support for a proposal from the Clare Camogie Executive to move up to senior.

After several meetings over the past number of weeks, including a forum with the players, the executive felt that it was in the best interests of the future of the game in the county that

Clare should enter two teams, one at senior and one at intermediate level in 2009.

Official sanction for the move would allow for an operating panel of up to 40 players, ensuring that more play- ers will get championship experience and further develop the standard of camogie in the county.

With a new management team due to be ratified by the December Coun- ty Board meeting, this move to em- brace senior competition is deemed to be a progressive step on the road to future development for the emerg- ing county.

Buena from the province’s stirring 24-16 win over Sale on Sunday afternoon.

“You see Munster in Clonlara,’ re- vealed Horan. “They weren’t given a chance of doing anything, just like we weren’t when we went into Europe. But we had great belief in ourselves and this Clonlara team does to.

“IT saw them play against Crusheen the first day and they showed great character to come back after losing that lead and going behind. It was very gutsy stuff.

“Tl be at the final because I have a weekend off and am not involved in the Magners League game against

Ulster. They’re up against a great Newmarket team but anything can happen on the day. This team plays with no fear – they’re a great bunch of lads and I just hope that they enjoy it and the day doesn’t pass them by.”

Games never pass Munster by these days, something Horan and company proved on Sunday afternoon when assuming control of Pool One in their defence of the Heineken Cup.

“The pressure was on us,’ admits Horan, “because if we hadn’t got a result the wheels could have come off. And after seeing what Sale did to Clermont we knew we were up against it.

“We realised it was all or nothing. If we lost it was going to be very dif- ficult to come out of the group. We hadn’t performed in the first game. We knew that and our support- ers knew that, so we had to deliver. It was do or die stuff and we came through it.”

Do or die – just like Sunday’s coun- ty final will be. And it will be every bit as competitive as Munster v Sale.

THERE were just eight races down for decision at Galway Track on Fri- day last with a 9pm start time due to the Connacht v London Irish Euro- pean Challange Cup Game.

| XerHAUOuoMea'(o) 11 MRO)OMMAOL om DUIS LMM ce Kom Ole Al graded seventh contest over 525 yards in which Mine Direct (T3) and Rob The Five (T4) both came away well and matched strides to the open- ing bend where the Frank Browne of Quin owned Mine Direct took a length out of his rival to lead turn- ing down the back. Racing down the back the son of Honcho Classic and Belindas Hill despite running a luit- tle wide extended his advanatage as

he raced to his eighth career success by one and three quarter lengths over the gallant Rob The Five in 28.99.

As the traps rose in race four an- other Frank Browne runner Mine Direct headed straight for the in- side crowding those on his inner but this manouvre only allowed the striped jacketed Beaney Baby to en- joy aclear passage to the bend on the wide outside. Despite running wide again at the second bend the Charlie Wheeler trained daughter of Black Shaw and Ballygur Ivy extended her advantage down the back straight to one of four lengths as she eventually raced to her second career victory by two and three quarter lengths over Mine Direct in 29.12.

The Thursday night programme at the Stadium was the rescheduled card from the previous Thursday night which was abandoned due to weather damage of the Hare system,

Race Two was a S6 graded sprint over the extended sprint trip of 350 yards where the John Quinn of Gort owned Fast Fit Wok (Knockabout Wok-Fast Fit Nikita) readily made all to defeat Cracking Star (T5) by three quarters of a length in 19.37.

The winner showed good pace to the bend and although the runner up threw down a determined challange off the home bend the result was never in doubt.

The bumper was an A5 graded af- fair in which the trap three runner

Rushaun Dasher owned by Helen O’Brien of Miltown Malbay looked set to score his sixth career success for most of the journey as having seen off the challanges of Dark Eyed Major (T5) and Guaire Motion (T4) he loked home for all money turning for home until the Tony Fahy trained Cllonlish Lisa (T6) came from the clouds in the final fifty yards to gain a neck success for owners the T-J Med Syndicate in 29.70.

Saturday night’s card was a gala benefit meeting in aid of Solerno Girls Secondary School. A huge at- tendance was present on the night which was the culmination of a mas- sive fund-raising drive by the schools parents association which saw the

€100,000 target passed on the night.

The feature contest of the night was the AO graded seventh contest over the testing 575 yard trip as the traps rose Mi Fastinfurious (T1) was very smartky away but he moved towards the middle of the track on the run up as Swintford Mylo (T5) showed good pace on the outside to lead at the opening corner. Turning down the back the Pauline McDonnell owned Swinford Mylo led by three lengths from Summerfield Gift (T4) and the pair began to draw clear approaching the penultimate bend.

Turning for home Swinford Mylo led by a length as Summerfiled Gift launched one last effort but *’Mylo”’ lasted it out by half a length in 31.39.

GARDAI in north Clare are follow- ing a definite line of enquiry, after an elderly man was targeted three times by conmen. The man, who lives alone in the Turlough area, was visited by men pretending they were workmen, over the past few weeks.

On one occasion, the callers claimed they were television repair men and they fraudulently obtained more than a €1,000 from the man. On the second occasion they claimed they would clean the eaveshoots on

his house, but he did not part with any money on that occasion.

On the third visit, a week ago, the callers claimed they were carrying out work on tarmacadam. However, the owner of the house was not at home at the time and his sister re- fused entry to the men. She made a note of the car registration and im- mediately contacted gardai.

Gardai believe all of the men were part of the same gang. “We are fol- lowing a definite line of enquiry,” said a garda source. Locals are con- cerned about this, given that it is not

an isolated incident.

Another man has also been robbed of thousands of euro, while several homes in north Clare have been bro- ken into over the summer.

Gardai have pledged to put re- sources in place to stall the activities of travelling criminals, while the lo- cal Turlough/Belharbour/Newquay community alert programme has raised its profile.

Secretary of the group, Margaret Healy said locals are very concerned about the latest visit on the same vic- mbeee

“Locally, everybody is disgusted and frightened, more than ever be- fore. It is important for people not to let strange people into your house,” she said.

She is encouraging residents in the Turlough, Belharbour and Newquay areas to liaise with the community alert programme and report any suspicious activity to gardai or to a member of the scheme.

Meanwhile, Ennis town and sub- urbs has been hit by a spate of day- time burglaries over the past week. Several houses have been broken into

and valuables, including jewellery and plasma televisions, taken.

Ennis Superintendent John Scan- lan is advising people to take care of their premises.

‘People need to be more careful locking up their houses. We are ask- ing people to ensure their windows and doors are locked, when they are leaving their homes,” he said.

“We are concerned about the level of domestic burglaries during the daytime. We are asking people to be vigilant and take an inventory of their valuables,’ he added.

COUNCILLORS will meet in Ennis today to discuss the draft Ennis and Environs Development Plan despite unease among some members that the process is being rushed.

The meeting, first scheduled to take place last Friday, will examine the Ennis Town Manager’s report on the submissions for the draft plan.

The plan will guide the future growth of Ennis and its surrounding environs in a way that will set out the

future land use requirements of the town’s community for economic de- velopment, recreational, social, com- munity, residential, transport and in- frastructural needs.

The review of the 2003 plan also addresses other zoning issues in re- lation to flood risk management, en- ergy efficiency and traffic manage- ment.

The review of the Development Plan for Ennis and Environs com- menced with a 9-week period of public consultation on December 8

2006. The Development Plan covers a 6-year period and the current plan is due to expire in December 2008. A deadline of December 9 has been placed on the adoption of the plan.

Speaking at yesterday’s meeting of Clare County Council, Council- lor Tommy Brennan said not enough time had been given to councillors.

‘Deadlines were given and not met” said Clir Brennan, ““Now we are leav- ing this to the last minute. The delay wasn’t the making of Clare County Council.

CUlr Johnny Flynn (FG), speaking yesterday to the Clare People, said he was concerned that the plan was be- ing rushed through.

*’T feel that the whole thing has been rushed through. There are an awful lot of issues that must be con- sidered here’, said Cllr Flynn

“T felt that it has been dealt with hastily and that it is being rushed through. Normal practices that allow for consideration don’t seem to apply here. It appears that the plan is being pushed through with undue haste”

Cllr Flynn said suitable provision should be made in the plan for zon- ing land for schools.

‘There needs to be a site found for the Ennis Educate Together school. Developers should be obliged to build a new classroom for a school in the area if they are engaged in a de- velopment of 30-40 houses. We have ongoing issues with regards to school buildings in Ennis”. Cllr Flynn also said the new plan needs to address sports and amenity facilities in En- Oh

ALMOST 200 new jobs are to be announced for Ennis-based firm, Microsemi which produces equip- ment for the US space exploration eyueseaw-baepasten

A further investment of €2.4 mil- lion is to be announced today at

Async Technologies Ltd, enhancing the company’s R&D and internation- al sales capabilities and creating 11 new high skilled jobs.

The multi-national Microsemi’s General Manager, Richard Finn has stated that the company will be in- creasing its Ennis workforce by 185 to 400 over the next two years.

Though the jobs have not been of- ficially announced, Mr Finn has in- formed Clare County Council of the imminent expansion in the course of a submission for additional car-park- ing at the Gort Road Business Park

site.

SATURDAY night’s Galway Card was an all sponsored gala fundrais- ing event in aid of the Clare Hurlers Support Group and all credit to the organisers on a most professionally presented programme of events.

One of the highlights of the night was the appearance of Irish Derby and and Champion Stakes hero Shel- bourne Aston who paraded prior to the feature event which was the Lev- el Pitch and Sleepwell Ltd AO graded apy

In this race the PJ Fahy-owned popular veteren Tyrur Lee (Brett Lee-Tyrur Dee) went to traps a warm order and he didn’t dissappoint as he stayed on dourley to defeat Swinford Mylo(T4) by a length and three parts in 31.43. The winner was headed to the opening bend by All Heart but he saved valuable ground by railing tightly and he set sail for home turn- ing down the back. Racing around the home turn Swinford Mylo began to close slightly but Tyrur Lee would not be denied as he won has first race as a father as he sired a litter of nine whelped by Tyrur Lisa the previous day.

In the A2 graded ninth contest the Johnny Maher of Kilmaley owned Clonfeigh Nikita showed great de- termination as she landed her fourth career success by three lengths over the always prominent Jackie Legs in 29.04. The winner was only a length down on Jackie Legs at the

Opening corner despite missing the break slightly. Racing past halfway the daughter of Honcho Classic and Clonmore Nikita launched her chal- lenge on the inside. Hitting the front rounding the third bend she stayed on gamely on the run home for vic- reas

There was a right touch landed in the A4 graded sixth contest over 525 yards as the Pat Curtin trained Spot The Man (Yeah Man-Own Clas- sic) who was backed from 6/4 to 2/5 came home five lengths clear of Clas- sical Moment (T3) in 29.02.

The Lawrence Meaney of Kilrush owned winner though had a little luck on his side at the opening bend where he collided with the runner up and Hard Shoulder (T4) but he managed to come off best after the loluteayey

Once he set sail for home down the back the money was always leaving the layers satchels as she strode home alone and land the touch in style and the Derby winning trainer was not finished yet as the Meaney clan were again this time it was Michael and Claire Meaney owned Ban Diamond completed a double for the kennel in the concluding A3 graded 525.

In this race Ban Diamond (Smok- ing Ban-Droopys Diamond) made just about all to defeat Ballaghboy Cool (T6) by three parts of a length in 29.11. The pair were both away well with the blue jacketed Ban Diamond railing tightly around the opening two bend s to lead by four

lengths passing halfway. Despite running wide all along the back straight though Ballaghboy Cool re- ally began to motor from the home turn but the line just came in time for Ban Diamond.

The fourth contest was an A5 grad- ed 525 and as the field raced to the Opening corner Zoies Joy (T6) led the way from Ler Nadal (T3) with Clune Hincho (T4) in third place. Rounding the second bend the John Fitzgerald of Kilrush owned Ler Nadal moved a clear second on the inside of Zoies Joy before sweeping to the front approaching the penulti- mate corner and the son of Barnane Bill and Black Shaw strode clear to defeat Cooldarragha (T2) by 5&1/2 lengths in 29.50.

The sixth was an A5 graded 525 in which the trap two runner Mine Magic showed fine early pace to lead by three lengths at the opening bend as the *’jolly’’ Montpelier (T6) found herself only fourth after a tardy Start.

Racing down the back Mine Magic led by four lengths from the Mrs Stella Flanagan of Ennisymon owned Dromoher Ferm who hails from a strong staying litter and the daughter of Spiral Nikita and Mythical Crack- er came wide up the straight to get up for a half length victory in 29.28.

The opening contest for A9 graders over the 525 yard trip resulted in a dead heat between the pace setting Mine Ruby (Tl) owned by Frank Browne of Quin and the Master John

McDonagh owned favourite Tyrone Sally (T2). Mine Ruby was smartly away and led to halfway from Ferry- side Snowey (T6) with Tyriorn Sally in third place. Still three length in front turning for home Mine Ruby tied up close home as Tyrorn Sally got up to share the spoils.

In the second contest for A7 grad- ed dogs the Jerry Maloney of Doo- ra owned Ballaghboy Crash (T6) showed a huge improvement in form as he made all the running to de- feat the reserve Easter Cottage (T5) by five and three quarter lengths in 29.44 to get off the mark at the third attempt.

The winner a son of Crash and Sues Beauty was away well as he outpaced the favourite Finnigans Local (T3) to the opening bend . Clear passing halfway he was never in any danger of defeat as Easter Cottage got the better of the battle for second spot.

The A3 graded third contest the Frank Casey of Newmarket on Fer- gus owned Stonehall Pride a son of Droopys Woods and O,Garney Mist came home nine lengths clear of his rivals in a time of 29.51.

The winner trailed the pace setting Mine Cash (T3) racing to the open- ing bend but with the benefit of the inside line he hit the front turning down the back. As Stonehall Pride straightened up to run down the back the was plenty of bunching behind which allow the leader a virtual solo from halfway.

On a great night for the Banner

County one of the most popular owners from the county tasted suc- cess in the A3 graded tenth contest when the PJ O’Halloran of Kilrush owned Scattery Vier1 (Droopys Vi- eri-Cranky Criss) came a second time to lead close home for a half length success over Kilscan Teddy (T3) in 29.50.

The winner led on the run up before he was joined and passed by Glen- gar Joe(T4) turning down the back. Rounding the third bend the leader checked slightly and this allowed Scattery Vieri to challenge again off the home turn and he stuck his neck out gamely up the straight to land the prize.