Month: November 2009

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THE recession has done more for bringing down Clare’s waste moun- tain than all the education and aware- ness programmes together, members of Clare County Council were told last night.

Director of Services, David Timlin, said that the downfall in consumerism has resulted in a drop of 40 per cent in bring-back waste and a further drop of 20 per cent for other waste.

“The recession has done more for or volume of waste overall that any awareness programme or education,’ he told the meeting of the local au- thority.

He was speaking after Fianna Fail councillor, Pat Hayes had tabled a

motion asking what had been the result of the introduction last year of fees for people to use the county’s re- cycling centres.

But Cllr Hayes said that while it appeared that the revenue expected had been achieved from the charges, it was unclear as to what effects they have had on recycling.

‘Some centres seem to be up – oth- ers seem to be down but it’s hard to know from the information if people have used the centres less.

‘For instance, use of our own centre in Scariff is down while some other centres are up but I don’t believe that people from Scariff have switched to using centres in Ennis or elsewhere. I’d like to get a clearer picture.” he Ko) (em aatomanteronneree

IT is still unclear what power, if any, Clare’s four TDs have to influence the decisions made by Clare County Soiele

Following a lively debate at last night’s meeting of the local author- ity, the exact power the TDs have to influence the allocation of housing remains a mystery.

This follows a motion put forward by Cllr Brian Meaney (Green Party), asking for a list of all TDs who have

representatives on behalf of mem- bers of the public to Clare County Sonia

“I’m not happy with the reply. I re- quested a list of the names of TDs and I have not been given that list. I wanted to see what influence, if any, a member of the Dail can have on the allocation of houses. I want it clearly stated whether a TD does not have a role to play in the allocation of houses.

“It must be stated clearly what role a TD has in this, what weight is given

to a representation made by them. I have been contacted by people who have said that they were successful in representatives because they con- tacted their TD.”

This motion was supported by Cllr Patricia McCarthy (Ind) who said it wrong of TDs to tell the public that they have powers in such instances if WeTeaVare (oyna

“It is wrong for elected represented to misrepresent the situation and say that they can have influence. Or if they are having an influence then we

need to know about it,’ she said it.

The role of the TD’s in local issues was defended by Cllr Cathal Crowe coy)

“T think that it is a quirk in the Irish system that elected members from all levels have a very close level of contact with the local community,” he said.

“If a representative wants to make representatives on behalf of people then I can’t see any harm in it.”

A spokesperson from Clare County Council said that all representative

from TDs are acknowledged and a TD would be given advice on the current status of the application.

“It is prehistoric and inconceivable that we elect people to legislate and they end up as social workers,” said OW rite

‘They are more interested in watch- ing their backs and deceiving the electorate,” he said.

“I don’t believe that they have any more influence on this matter than a Shetland dog but they are putting it around that they have.”

COUNCILLORS are calling for a full road safety audit to be carried out at each primary and post-prima- ry school in the Ennis area.

At yesterday’s meeting of council- lors in the Ennis East electoral area, Councillor Johnny Flynn initially called on the council to carry out a road safety audit of all schools in En- nis East.

Cllr Flynn told the meeting that an audit was necessary as there had been a “significant” number of traffic accidents at schools in Ennis.

In response, Senior Executive En- gineer, Eamon O’Dea said that the council did not have the resources to carry out the audit.

Mr O’Dea added that there had been significant investment in road signage and road markings.

He stated, “The council would be obliged to look at this proposal on a countywide basis and it would not be possible to have it carried out within our resources. There has been con- siderable investment by the council into road signage and road markings

in the vicinity of schools and the em- ployment of school wardens at many of the national schools.”

He added, “The council is willing to discuss any issues that may exist on an individual basis with the relevant

school authorities and this is usually carried out in the pre-planning phase when schools are seeking permission for improvement works.”

Cllr Flynn said he was disappoint- ed with the council’s response. “I’m

disappointed that we are not looking at this a bit more. I think we could take Ennis East as a trial area. The number of accidents and incidents outside schools is significant.”

Cllr Flynn added, “There is a sig- nificant need for this. Ennis East would become a pilot area.”

ClUlr Tommy Brennan (Ind) said he would support the motion if it was amended to include all schools in the Ennis area and not just those in En- nis East.

Clir Flynn agreed to amend his mo- tion to include all schools in Ennis.

Cllr Flynn had initially proposed that Clare County Council carry out a road safety audit at each primary and post-primary school in the Ennis East in terms of adequacy of vehicu- lar set down/collection, facilities for cyclists/pedestrians (including cross- ings), school warden needs/requests, public lighting, speed limits, effec- tiveness of signage, school bus facili- ties, etc, and make recommendations for planned phased improvements if required.

A SCHOOL principal arrived at work in Ennis to find what she thought was a dead woman lying in a foetal position at the entrance to one of the prefabs.

The dramatic evidence was heard at Ennis District Court yesterday, which was told that the young wom- an was naked from the waist down, was semi-conscious and was cov- ered in flour, while a classroom had been thrashed.

The 18-year-old woman, from En- nis, remembered very little about what had happened, having drank vodka that night. Her solicitor said yesterday she could have died from hypothermia.

Arising out of the incident, she was charged with burglary, but after hearing the evidence, Judge Aeneas McCarthy dismissed the charge.

The acting principal of Clough- leigh National School, Fiona Power, told the court that she arrived at school shortly before 8.30am on No- vember 28, 2008 – the morning after what she described as the coldest night of the year.

She said she noticed that the door of one of the prefabs was opened and she saw “what looked like a bundle of clothing lying on the floor. As I got closer I realised it was a person lying on the ground. I was afraid first of all that she was dead.”

She said she touched the woman and when she heard her mutter, she realised that she was alive.

“She was only partially clothed. She was lying on the bare concrete and a mixture of flour and liquid was emptied all over the floor. She looked as if she had been rolling on the floor. Her hair was matted,” she said. There were a couple of bottles

in the vicinity, including a vodka bottle, she said.

“It was a freezing cold morning,” she said. Ms Power and another teacher brought the young woman inside and tried to warm her. She was taken by ambulance to hospital.

Ms Power said the room had been thrashed, there was writing all over the walls and tables and the “floor was an absolute disgrace. Books had been thrown all over the place and filing cabinets had been opened.” She said the prefab had been locked the previous evening.

Under cross-examination by de- fence solicitor Tara Godfrey, Ms Power said that the young woman was drenched to the skin and was not wearing any clothes from the waist down. “Her feet were on the jamb of the doors,” she said.

Garda Jason Lardner recalled be- ing called to the school that morn-

ing. He said he tried to speak to her, but she was unresponsive and ap- peared semi-conscious.

‘Her eyes were open but she was unable to speak to me. There was flour on her face and black marker on her forehead,’ he said.

He explained that the door to the prefab had been forced open. Tables and chairs were thrown all over the place, while writing on the walls had sexual references. He said the wom- an told gardai she had been drinking the day before. She went to an apart- ment on the Mill Road at around midnight and had vodka, but did not remember much after that, until she woke up in hospital.

Ms Godfrey asked the garda, “Am I the only one concerned about her … naked from the waist down and with sexual references on the wall?” Garda Lardner replied, “My imme- diate concern was for her safety that

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Ms Godfrey submitted to the court, ‘In the case of burglary against my client, the threshold hasn’t been reached.”

She said the accused could have died from hypothermia that night, given the cold.

“There’s an awful lot more doubt and fear in my mind that something else could have happened,” she said.

Judge Aeneas McCarthy said, “I have serious concerns about what happened this girl. She was cov- ered in flour and was naked from the waist down and there was graf- fit: with sexual connotations on the walls.”

He said he was not satisfied beyond reasonable doubt and dismissed the charge.

‘Her semi-conscious state that morning also causes me concern,” he said.

A BAG, containing €2,800 worth of drugs, was thrown from a car into the river while gardai were in pursuit, a CLoLtD am Nor DKC MoI KOKerh Ys Michael McMahon (22), of Plunkett Drive, Kilkishen, and Keith Ryan (20), of Orchard Drive, Clarecastle, admitted possession of drugs for sale or supply on August 28, 2008. Inspector John Galvin told En- nis District Court yesterday that members of the divisional drugs unit in Clare were on patrol on the Quin Road in Ennis on the date in question. SW eleavaeelelateeeme. car parked beside a soccer pitch. TRAE Tete hom OD’s Michael McMa- hon and Keith Ryan was the passenger. The car pulled away and travelled in the opposite direc- tion to the gardai. He said that Ryan threw a brown carrier bag out of the car and into the river. Gardai pursued the car for a distance of five kilome- tres. During some of this time, the vehicle was driven dangerously. The bag was taken from the river

and it was found to contain cannabis herb, valued at €2,803.

The court heard that McMahon had a small number of previous convic- tions, while Ryan had none.

Defending solicitor Daragh Has- sett said that both men are unem- ployed plumbers. He said that they went overseas on holidays together in the summer and during the holi- day, Michael McMahon’s brother

drowned. He said _ that the two accused “intend to stay trouble-free for the rest of their lives”. Judge Aeneas McCarthy im- posed a nine- month jail term on McMahon and suspended this OVNMCCey NCD LALOveMmNer-NE he be of good be- haviour for two years. He said he was taking the mitigating —cir- cumstances into consideration. He adjourned Ryan’s case for two months and directed that a probation report be carried out on him.

PEOPLE who damage the property of others must pay for it, a judge said yesterday, as he ordered compensa- tion to be paid in a car damage case.

Jim McDonagh (19), of Dun na hInise, Ennis, admitted a charge of criminal damage at Gort Road, En- nis, on October 5 last.

Inspector John Galvin told En- nis District Court that a man called to Ennis Garda Station on October 5 and complained that his jeep had been damaged.

“He was driving along and his jeep was approached by the accused. It is alleged the accused got out with a stick and started breaking windows and damaging the paint work,’ he SrHLOe

He said that the accused admit- ted taking part, in interviews with gardai. The amount of damage caused was €1,920.97.

Defending solicitor Tara Godfrey said that her client had not been fur- nished with details of the amount of the damage until yesterday. “My cli- ent doesn’t have that sort of money in court,” she said. She said there was a background to the case.

“My client was coming along in a car. The injured party made a ges- ture to his own mouth. He was act- ing in a state of heightened emotion. Emotions boiled over,’ she said.

Judge Aeneas McCarthy asked, “Is there some sort of feud going on, be- cause if there is, it’s time the court stepped in before things get out of hand?”

Ms Godfrey replied, “Things seem to have calmed down. It’s hoped that matters will resolve themselves.”

Ms Godfrey said she understood the compensation would be €500 and said her client is on social wel- fare. The judge told her, ““He should have thought of that before he dam- aged somebody’s property.’

The solicitor then asked for an ad-

journment “to accumulate a fraction of the money”. The judge said, “I’m not talking about a fraction. This man (the victim) is out of pocket. Who does he (the accused) expect to pay for this car?

“If people cause damage to other people’s property, they pay for it,” added the judge.

He imposed a six-month detention sentence and suspended it on condi- tion that the cost of the damage be paid within three months.

A 29-YEAR-OLD father of three went back to taking drugs after be- ing warned by gardai that his life was in danger because his name was on a ‘hit list’.

Edward McCarthy, of Cliona Park, Limerick pleaded guilty before Kil- laloe District Court to driving while under the influence of drugs.

Judge Joseph Mangan heard that the drug cannabis had been detected in his sytem after he was stopped by exN Oren

The court heard that Mr McCarthy

had previous convictions, some of which had resulted in his serving a long prison sentence.

His solicitor told the court that Mr McCarthy had “not been tak- ing drugs for a considerable period after he came out of prison. He was advised by gardai that his name was on a ‘hit list’ and that his life was in danger. This put him under a lot of pressure and he started smoking cannabis again.”

Judge Mangan fined Mr McCarthy €1,000 and disqualified him from driving for four years.

A MAN who upturned a table in a garda station, damaging a computer monitor, was sentenced to ten weeks in jail for his outburst.

Gordon Collins of Cahercallamore, Ennis, appeared before the District Court in Killaloe after spending a week in jail for an outburst in the court the previous week.

Collins pleaded guilty to a number of charges including public order of- fences and criminal damage to the computer at Ennis Garda Station and public order charges.

Judge Joseph Mangan heard, gardai were called to Cahecalla Es- tate, where they found the accused “drunk, extremely abusive and threatening and arguing with neigh- bours”’.

Because of his condition, he was arrested and taken into custody but while in the garda station, he over- turned a table in the custody area causing ©200 worth of damage to the computer monitor.

His solicitor told the court that Mr Collins, who has a number of previ- ous convictions, including some for public order offences, had “been in

jail for the last six days and has seen what lies ahead of him if he doesn’t mend his ways’”’.

The solicitor said that Mr Collins has “considerable difficulties. He has been diagnosed with an anti-social behaviour disorder and was pre- scribed medication. Unfortunately he has developed an addiction to those drugs and he sometimes mixes them with alcohol.”

Judge Mangan sentenced him to jail for the criminal damage charge and set bail at his own bond of €600 with an independent surety of 600 in the event of an appeal.

A JUDGE heard that a young wom- an who was found with a quantity of heroin in Killaloe was bringing it to her partner who is a paraplegic.

Annmarie Delahunty (22) of Hen- nessy Avenue in Killeely, Limerick, pleaded guilty to possession of €25 worth of heroin in Killaloe on April 23 of this year.

Her solicitor told Killaloe District Court that Ms Delahunty was “un-

der pressure from her former partner and the father of her child to get the drugs for him. Her partner unfortu- nately became paralysed from the waist down and by his own admis- sion 1s a heroin addict. She got this ‘fix’ and was giving it to him.”

The court heard that Delahunty has a number of previous convictions, in- cluding public order and road traffic offences. Judge Joseph Mangan or- dered that she do 100 hours commu- nity service if she proves suitable.