Month: October 2009

A RETIRED farmer lost his life after he was struck while crossing the road on his walking stick and then carried along on the windscreen of a car.

The tragedy occurred in the vil- lage of Ogonelloe, when John Coon- ey (89) was on his way home from Mass, an inquest into his death heard last week.

Ennis Coroner’s Court heard that Mr Cooney, a bachelor, died instant- ly, having sustained serious injuries when he was struck by a car, on Sat- urday, September 8, 2007.

John Lynch from Tuamgraney re- called how he had gone to 8pm Mass in Ogonelloe that evening. After Mass, he chatted to another man in the vicinity of the church. He was facing the road, when suddenly he heard “a screech of brakes, followed by a loud bang”.

He said he saw a dark coloured car and noticed that a person was being carried across the windscreen. “As the car veered to the right, the person flew off the car to the left. The car continued to come straight at us,” he Sr HLeB

Mr Lynch said that he feared for his own Safety, as the car approached him. “As the car came to us, I grabbed Tom McKenna and tried to pull him back a step to avoid the car,” he said.

‘‘T remember that he let off a roar as we both thought that we were going to be killed,” he said.

The driver increased the speed and drove off without stopping, he re- called. He said he felt the driver of the car would not have had any vision until the body fell off the car.

Mr Lynch said that the window on the driver’s door of the car was down and he saw “a young fella in his 20s with dark brown hair”. He could not see if there was anybody else in the ore

“While the body was on the wind- screen, I saw him (driver) looking out a small hole in the windscreen overhead,” he said.

As the car sped away, Mr Lynch ran to the body. He could see that it was John Cooney, a retired farmer who lived just 700 yards from the church. Mr Lynch and another man moved the body to the side of the road for SH IKAA

Garda Tim Sullivan from Killaloe was involved in the investigation into the accident. He said that he arrived at the scene at around 9pm. It was dark at the time and road conditions were good and dry. Several people were standing outside the wall of Ogonelloe church, having attended evening Mass. He said that a bro- ken walking stick — belonging to Mr Cooney — was found on the road.

Sergeant Deborah Marsh told the inquest she was informed that night that a car was found burnt out in Ca- herhurley. She went there and saw that a car was smouldering. The car, a Mazda 323, was identified from its TESS we leuse leo

She said that by 1lam the following day, three men had been arrested in connection with the incident.

Sgt Marsh told the inquest that the car had skidded for 22.7 metres, hav- ing impacted with the pedestrian. She said that the car had travelled at speeds between 74.9 kph and 88.6 kph, in a 60 kph speed limit. She said that the driver was later convicted of dangerous driving causing death, while the passenger was convicted of perverting the course of justice. Both were handed custodial sentences in the circuit court.

Deputy State Pathologist Dr Michael Curtis, who carried out the post mortem examination on Mr Cooney’s body, said that he had sus- tained several fractures, including to the spine, skull, rib and elbow.

Mr Cooney, he said, had suffered ‘severe catastrophic injuries, as a re- sult of being run over by a car.” The cause of death, he concluded, was multiple injuries, consistent with be- ing struck by a car.

The jury recorded a verdict in ac- cordance with the medical evidence.

Coroner Isobel O’Dea extended sympathy with the family and friends of the late Mr Cooney and compli- mented gardai on the speed at which they apprehended those who were travelling in the car. Inspector Tom Kennedy echoed her sentiments and said the late Mr Cooney was “in no

way to be faulted as to the circum- stances of the accident.”

A COURT has heard that a man who has been banned from all Tesco su- permarkets in Ireland stole a packet of rashers from Tesco in Ennis last month.

The 29-year-old pleaded guilty to stealing the rashers — valued €1.99 — from the store on September 25 last. Ennis District Court heard that he had paid for other items, but at- tempted to leave the shop without paying for the rashers.

Inspector Michael Gallagher told the court that a note on the file stated that the accused was banned from

all Tesco stores throughout Ireland. Asked by Judge Joseph Mangan when that order was made, he said he was not aware.

The judge asked, “Was the property recovered or was it fried?”’

The inspector replied that it was recovered.

The defendant’s solicitor said the man suffered work-related injuries a number of years ago, but had not made good use of his compensation and has since developed alcoholism.

The judge adjourned the case for a year and ordered the defendant to stay out of Tesco in Ennis. He agreed to this condition.

A COURT has heard allegations that a man walked into a Clare hotel and demanded money, stating that he had ceca tee

The claim, by gardai, was made in respect of Timmy Casey (31), of Clonlong, Southill, Limerick, who is accused of demanding money from a cash register, at the Clare Inn Hotel OPMENT e as Lee ehiE

Garda Timmy Killeen told Ennis District Court on Friday that it would be alleged a manager was approached

at the front desk at 9.50pm.

‘He had a hood over his face and a scarf. He stated he had a gun and he wanted money. There was no sign of a gun, but the man had his hand in his pocket. The manager didn’t appear to be put in fear. He left the hotel after a short time,” said the garda.

Judge Joseph Mangan declined ju- risdiction. He was told that the DPP had elected for summary disposal of the case in the district court, on a plea of guilty.

The case was struck out, without prejudice to it being re-entered.

and employs 7,000 world- wide. The Dutch-owned company has its Irish base in Shannon and last year recorded total revenues of €35.5 million.

The Shannon based firm last year paid a dividend of €12 million and this followed a dividend of €20 mil- lion paid out in 2007.

€87,000 was paid in restructur- ing costs last year with the numbers employed at the firm dropping from 124 to 106. €273,000 was spent on restructuring costs in 2006.

The Shannon base also manages the production of a number of jour- nals owned by other members of the

Elsevier Group.

The company continued to show impressive profit margins with a gross profit of €30 million on its turnover of €35 million while oper- ating profit was recorded at €23 mil- lion after operating expenses of €7 million.

According to the directors’ state- ment, they “are pleased with the lev- el of business and year end financial position. The present level of activity is expected to be sustained for the foreseeable future”’.

The company had accumulated profits of €11.5m

The Shannon firm exports all its products with no business carried out in Ireland.

Staff costs last year increased from €5 million to €5.1 million.

According to the directors, “the principal risks and uncertainties fac- ing the company arise from the com- petitive and rapidly changing nature of its markets, the increasingly tech- nological nature of its products and services, legal and regulatory uncer- tainties and economic conditions”.

CLARE County Council paid out more than €1.39 million in legal fees alone last year, with the bill reaching almost €574,000 so far this year.

The largest earner from the coun- cil’s legal costs during the last two years has been Michael P Houlihan Solicitors, receiving €404,291 or 70 per cent of the council’s legal fees so VMOU (or

The figures were revealed at last night’s meeting of the council when Cllr Christy Curtin (Ind) asked for an account of all legal fees paid out by the local authority last year, and

up until the end of September this year.

Of the €1,391,892 paid out from the council coffers last year, 687,138 was paid to Michael P Houlihan Solici- tors, €345,896 to A & L Goodbody Solicitors and €94,525 to Patrick G Quinn.

When asked by members of the council who was the county solicitor and why the payment was Michael P Houlihan Solicitors, Acting Head of Finance Noleen Fitzgerald said that John Shaw was the county solicitor, but he was supported by the staff of Houlihan’s.

Cllr Martin Conway (FG) proposed

that the council consider employing its own “in house”’ solicitor for legal work and minor disputes. He said that even if the council was to go outside this solicitor for specialised expertise, he believed the cost to the council would be significantly less.

“Unfortunately we are signed up for seven years contract and we are tied up until then,” he said.

The biggest legal cost to the coun- cil so far this year was in relation to roads which has reached €175,223 with water services reaching €148,845. Housing, including house and land purchases reached €81,165 up to the end of September.

Last year almost half the legal budget – £610,254, went on roads, including capital schemes and the Ennis Bypass.

Traveller Accommodation account- ed for €279,252 of the legal bills, while €166,079 was paid out in legal fees for water services including in- vestment programme, and €155,756 in planning legal fees.

The legal cost associated with the county’s fire service has multiplied by almost 10 this year.

Last year €1,454 was paid in legal fees associated with the fire services, while €10,206 has been paid out so far this year.

MEMBERS of Clare County Council have warned that some of the houses in the local authority’s Affordable Housing Scheme are over priced.

At the Kilrush area meeting yester- day (Monday) Marie Commane from the Housing Section told members the council is continuously having the houses revalued by its own auc- tioneer as the price of houses drop.

Clare County Council currently has properties available in eight lo- cations around the county valued in price from €138,000 to €175,000.

In Moinin on the Circular Road in Kilkee, the local authority are sell- ing three-bed semi-detached houses for €162,500 and €170,000.

These homes, it maintains, are available for purchase on the open market for €220,000.

Local councillors Pat Keane (FF) and Gabriel Keating (FG) raised ob- jections however to the valued price of these houses.

Cllr Keane told the meeting that as the houses are not selling at the guide price, the valuation is falsely high.

Cllr Keating said he follows the housing market closely and a house in Carrick-on-Shannon, (Leitrim) which is much nearer to Dublin, can be purchased at €100,000.

“You won’t get that in Kilkee. It is overpriced,” he said of the affordable atelursentee

To date 990 people have expressed an interest in affordable housing in Clare. Of these 564 were valid ap- plications, 163 properties have been allocated with 18 on hand and avail- able for purchase.

The council have received 79 refus- ES

The price of an affordable home in Clare varies from €138,000 to €175,000, and houses are available in Kilkee, Doonbeg, Miltown Mal- bay, Newmarket-on-Fergus, Ennis, Clarecastle, Crusheen and Lisdoon- varna.

Affordable housing is the provision of homes at a discount to the market price for people who cannot afford to buy a home on the open market.

Applicants must have sufficient in- come to meet mortgage repayments, usually an income of €30,000 per annum, although all income is con- sidered.

Applicants must pay a booking de- posit of three per cent, and can sell their home at any stage. If they sell their home within 20 years at a profit however, they must give 25 per cent to the council.

If they sell the property at a loss, then this “claw back” no longer ap- plies.

MOTORISTS can park for free in Ennis today as Clare County Council have suspended all the traffic war- dens working in the county capital.

Three traffic wardens and a super- visor were taken off the council’s payroll system last Friday following a long running dispute with the local authority. This action, which centres around the wardens’ security allow- ance, prompted the wardens to picket last night’s meeting of Clare County Sorrireek

‘Our member have been suspended so on foot of that we really have no

choice but to engage in industrial ac- tion,’ said Clare SIPTU spokesper- son, Tony Kenny.

“We issued notice of industrial ac- tion in August but we refrained from any industrial action at the time in the hope of engaging in discussions with Clare County Council.

‘That didn’t happen so we entered into a work to rule on September 11 and following a request from the council to withdraw from this so as to allow for meaningful engagement we dropped that on September 14.

“There was no engagement from Clare County Council over the next 14 days, all that happened was that at

the end of the 14 days we got a letter from the council saying that the posi- tion has not changed.”

According to the striking workers, the council has refused to engage with them or make any effort to work out the dispute.

“We are very very disappointed with the strong arm tactics being used by Clare County Council. We remain committed, as we always have been, to resolve this around the table. This is the only way in which this will be resolved,” continued Mr Keath

“We received a letter from Clare County Council today regretting

our strike action but that is the only communication which we have from detoye0 ea

The striking traffic wardens re- ceived a measure of support at last nights meeting of Clare County Council with one councillor pledg- ing to boycott future meeting unless the issue 1s resolved.

“I will most certianly not be pass- ing a picket if it is there next week. Despite the fact that they are war- dens, and many people would like to See them off the street, I will not be coming in here if that picket is still there next week,” said Gerry Flynn (IND).

SERIOUS questions have been raised over the way in which Clare County Council deals with inter- nal industrial disputes, following heavy criticism of the Local Govern- ment Management Services Board CRIN SD Ema (cio cer hmmm enleolBnttcame) i the local authority.

Speaking yesterday, Cllr Patricia McCarthy (IND) said that the op- eration of the council’s Human Re- sources and the LGMSB was been shown to be a flawed system.

“If you take the cost of LGMSB by itself then it would appear to be working and saving money. But when you go deeper into the debate you see that there are anomalies there and faults in the system which are not addressed,” she said.

“It seems that our system, wheth- er it’s because of the advice of the LGMSB, has something wrong with it and it is costing us money. If our HR unit 1s operating on the advice of the LGMSB then it would seem that this system would be faulty.

‘There are a lot of things concerned to this which are not clear and need to be tightened up. If we add up the costs of our own department and the

LGMSB and ask are we getting value for money, the answer would be no.

“IT have serious serious concerns about this. At the end of the day we have a picket outside of here today, and with all avenues in the labour court exhausted. Things should never be allowed to get to this stage. PW elem cer NOI Atm ome et-nimie(osuomsKmCoyon (oi en ets. wrong and it needs to be tidied up,’ the councillor said.

Commenting on the motion, Coun- ty Manager, Tom Coughlan said that the objective of the LGMSB is to save money for the local authority into the future.

“We are questioning every euro which we spend at the moment in the context of the budget in 2010, which is going to be a very difficult budget. In relation to our overall approach to industrial relations, my view is that we try and meet as many disputes as possible on a local level,” he said.

“We are going through a very dif- ficult time in relation to budgets. We are negotiating at the moments with unions and I must thank the unions for their cooperation in that process.

“The overall objective of the LGMSB is that we will be saving money in the future as a result of this board.”

CLARE County Council is using a Dublin debt collection agency to ob- tain development contributions from individuals – some of whom may al- ready have paid their debt to the lo- cal authority.

It emerged at yesterday’s meeting of Clare County Council that the lo- cal authority has employed a Dublin agency to collect contributions for a range of small scale development and one-off houses stretching back for more than a decade.

It has also emerged however that the local authority may not have any documentation to prove that the con- tributions have not been paid.

‘Tam surprised that the council has not heard about the uncertainty out there as to who has and who has not paid,’ said Cllr Patricia McCarthy COND}

“The big problem here is that we don’t know. We can’t prove that they haven’t paid, they can’t prove that they have paid. When we are not 100 per cent sure we should have taken a softer approach to this instead of

going down the heavy-handed route of going to a debt collection agency. It shows a terrible lacking in the sys- one

According to Clir Pat Keane (FF), some people have received bills from contributions due more than 10 years ago which are now dramatically more expensive then they previously had been.

“It is unfair to be going back over ten years to people looking for this money. These people are getting a bill that might have been £170 or £180 at the time and now they are

getting bills for €1,500. I know for sure that there are a lot of people out there who paid in cash at the time and do not have the receipt and may now be receiving letters from debt collectors.”

A spokeswoman from Clare Coun- ty Council said that any confusion over who owes the money will be handled quickly.

‘Tam not aware of any issue around the uncertainty with regards pay- ments. If there are issues around un- certainty of who has and has not paid I will deal with that as a matter of

urgency, she said.

“The provision in our budget this year for the collection of debt collec- tion is €1.5 million and the collect so far is €1.25 million. So it would appear that we are on target so far to meet these projections.

“We took a twin approach to debt collection, some were pursued through Houlihans [county council solicitors, Michael Houlihans] and some were pursued by an outside group, and that was just to maximise the collection of money. I must stress that this money is legally due to us.”

THE father of Clare handball, Pat Kirby, has hailed the achievements of the latest world champions to emerge from the storied Tuamgraney club in east Clare — the old seat of the game in the county.

Kirby’s endorsement comes in the wake of the stunning triumph of Barry Nash and Ciaran Malone who won the Boys Doubles in the 15 and Under category in Portland, Oregon, over the weekend.

The Tuamgraney club duo stormed through the top half of the draw to tee up a west of the Shannon battle in the final against Michael Lalor and Donal Wrynn from Galway. Their toughest game on the way to the decider was against Martin Mullins and Ryan Harkin from Cork in the semi-final, when they were pushed all the way before getting home by 21-18, 21-17. The final proved to be much easier as they coasted to world glory on the back of a 21-3, 21-12 tri- vueeheee

“Tt’s a brilliant achievement for the two boys,” said Kirby, who put Tua- mgraney handball on the world map when winning his first world title in Croke Park in 1970. “I was repre- senting America back then because I was exiled in America and nearly 40 years on it’s great that Tuamgraney is still turning out world champions. It makes me very proud that this con- veyor belt is there,’ added Kirby.

And the Tuamgraney success story didn’t end there — Nash just failed to pull off an historic double after he was edged out in the Boys Singles 15 and Under category, going down by 21-18, 21-19 to Padraig McKenna in WeCom EUITAUE

Elsewhere, the Coughlan _broth- ers from Clooney, Fergal and Ger- ard were other Clare finalists — they reached the Men’s Doubles 35 and Over final, but were edged out by the US/Canadian partnership of David Vincent and John Bike.