Month: January 2012

A Polish man has received a six month suspended sentence for contravening a protection order in Ennis last December.

Marian Slugocki (45) with an address at 35 Glensheen, Gort Road, Ennis appeared at Ennis District Court on Friday. He was charged with contravening a protection order and putting the applicant in fear of her life, contrary to the domestic violence act. He was also charged with engaging in threatening and abusive behaviour in Ennis last May. Slugocki pleaded guilty to the charges. Insp John Galvin said Gardaí were called to the home of Slugocki’s former partner last December after he turned up at the house. She told Gardai he rang her at 11pm looking for a nail clippers. She said that when the accused showed up, she heard glass breaking and “lots of noise”. Insp Galvin told the court that the woman had been afraid.

Insp Galvin that on another occasion in May 2011, Gardai were called to a house in Ennis. The court heard that Slugocki was “highly intoxicated”.

Solicitor for Slugocki, Jenny Fitzgibbon told the court that in relation to the public order offence, her client had got into an argument with his ex-partner.

She said that on that occasion Slugocki called the gardaí and agreed to go with them. She said that while the relationship had resumed after that, it did not go down well. She said the relationship has since ended. In relation to the protection order, Ms Fitzgibbon said her client went to the house to get a few missing items.

She said he had apologised for his actions on the night. She said it was Slugocki’s intention to go back to Poland.

Judge Aeneas McCarthy imposed a six-month sentence for the domestic violence charge.

He suspended the sentence on condition that the accused be of good behaviour for a period of two years.

For the public order charge, Judge McCarthy imposed a three month suspended sentence, on the same conditions, to be served concurrent to the previous sentence.

A WOMAN alleged to have caused fire damage to premises in Shannon has been returned for trial.

Julie Ann Barry (34), with an address at 1 Gort na Rí, Ballycasey, Shannon appeared at Ennis District Court last Wednesday.

It is alleged that Barry caused damage by fire to unit 8 and 10, Block E, Caiseal Daire, Bru Na Sionna on November 4 (2010), intending to damage such property or being reckless as whether such property would be damaged, contrary to Section 2 of the Criminal Damage Act.

Insp John Galvin told the court that Gardaí had been due to serve the Book of Evidence before Christmas, but the accused was not in court. He said the Book of Evidence had now been served.

Insp Galvin said the Director of Public Prosecutions (DPP) had consented that the accused be returned for trial to the next sitting of Ennis Circuit Criminal Court.

Judge Aeneas McCarthy ordered that the woman be returned for trial. Judge McCarthy remanded the accused on bail to the next sitting of Ennis Circuit Criminal Court on February 14.

A JUDGE has dismissed a case against a former Clare hurler taken over signs allegedly erected on the side of a road.

Judge Aeneas McCarthy dismissed the case against Niall Gilligan (35), a member of Clare’s 1997 All Ireland hurling winning team, citing issues with the chain of evidence.

Clare County Council brought the case against the well known Sixmilebridge based auctioneer, alleging that Gilligan had erected a sign on the road near O’Callaghan’s Mills contrary to Section 19 of the Litter Pollution Act.

Mr Gilligan, a key member of the Clare team that won last year’s All Ireland Intermediate Hurling Championship, represented himself in the proceedings.

Eugene Joyce, Environmental Patrol Warden with Clare County Council, told the court that he had been on duty near O’Callaghan’s Mills on October 19, 2010.

He said he saw a sign for Gilligan’s auctioneer firm on the side of the road. Mr Joyce took a photograph of the sign.

Solicitor for the Council, Lisa Walsh, said this constituted an offence under Section 19 of the Litter Pollution Act.

She added that the sign was visible from a public place and that Gilligan had not obtained permission from the landowner to plant the sign.

However during the course of the proceedings, Judge McCarthy questioned an official document handed in by the Council.

He said the County Manager should have signed the document as he is “chief executive and all authority derives from him to his subordinates”. The court heard that the document granting Mr Joyce the authority to give evidence on the Council’s behalf had been signed by one of the Council’s Director of Services.

Judge McCarthy said, “This man (Gilligan) is representing himself and I have to see that he gets a fair trial”. He added, “The chain of evidence has to be complete and you have to prove it beyond reasonable doubt.’’

Judge McCarthy said that as the defendant was not legally represented, he had a duty to see that he received a fair trial.

“In accordance with that full duty, I am putting you on full proofs,” he added.

Judge McCarthy asked if the Council was willing to proceed with the case. Ms Walsh said the Council would “proceed briefly” with the case.

After hearing the Council’s case against Mr Gilligan, Judge McCarthy dismissed it. He told Gilligan he was not required to say anything on the matter.

As Mr Gilligan attempted to speak, Judge McCarthy said;

“There is a saying, when you’re not in a hole, you don’t have to start digging one for yourself”.

On the matter of costs, Gilligan told the court he is self- employed and had been forced to pay someone to fill in for him on days he appeared in court.

He sought costs to cover “loss of earnings”. Judge McCarthy made no order regarding costs.

CLARE County Council procedures governing the taxing of vehicles are set to be reviewed after a furore was raised by the President of the Irish Road Haulage Association last week when he questionned whether it was “a deliberate policy to hinder businesses from trying to carry out their daily work”.

Eoin Gavin launched a broadside at procedures in place at the motor tax office that has relocated to Áras an Chláir, after he was told that he wasn’t allow tax more than three vehicles at one time.

“I waited for 45 minutes and, when I got to the desk, the official informed me that they could only tax three trucks at any one time and that I would have to return on another day to tax the outstanding vehicles,” blasted Mr Gavin.

According to Mr Gavin, the council subsequently agreed to tax all of his vehicles “as a once-off” and that, going forward, the policy of not taxing more than three vehicles at the one time would remain in place.

“This is an absurd situation to have to tolerate,” said Mr Gavin. “I have 17 vehicles, 13 of which are HGVs, and I invest a substantial amount of money in the local authority in road tax each year. I also employ 16 people directly from the local area and many more indirectly.

“The attitude which I recently experienced, which seems to be commonplace across county council offices around the country, is resulting in a lot of hauliers asking should we now re-register in the North of Ireland where road tax is non-existent or minimal.

“Licensed road haulage operators are seeking to tax their vehicles in order to operate in a legally compliant manner, but this is not being facilitated by tax offices. Economic recovery is reliant on a vibrant export economy and only through the utilization of HGVs will that objective be realised,” he added.

Following representations made to Shannon area representative Cllr PJ Ryan (Ind), The Cla re People understands that the Clare County Council policy is now being reviewed. “It’s only right,” said Cllr Ryan. “There has to be a streamlining of all services and this is part of that. This helps business move quicker and that’s what everyone should want,” he added.

FIFTY Clare housing developments, which were classified as ‘ghost estates’ by the Department of the Environment in November of 2010, will have to pay the controversial € 100 household tax – despite the residents of 23 other Clare estates being given an exemption.

Indeed, the residents of one Clare housing development, the Cluainn Aoibheann estate at Ballycaseymore in Shannon, have been granted an exemption from the tax even though they were not classified as a ghost estate by the Department of the Environment.

This information has come to light following a Cla re People investigation into the reasons why some estates were made exempt by the Department of the Environment and others were not.

In November of 2010, the Department of the Environment classified 72 housing estates in Clare as ghost estates. The make-up of these estates varied drastically, with some being structurally unfinished and developer-abandoned, while others were nearing completion with a developer on site.

This list, which was later removed from the Department of the Environment website, gave a detailed classification of each of the 72 developments in Clare and showed what work was left to be done in each of the named estates.

According to this list, the Aisling housing development in Shannon, for example, which has been exempted from the € 100 household tax, was complete in every category except that 11 of the 103 apartment in the complex were vacant.

In contrast to this, the Acha Bhille housing estate in Ennis, whose residents will have to pay the € 100 charge, was reported by the Department of the Environment as having 20 units which were built to wall plate level and four units built to foundation level – but had no building activity on site at the time.

Speaking last night, Shannon Counillor Gerry Flynn (IND), who has been critical of both Clare County Council’s and the Department of the Environment’s handling of the tax, said he will “stand by” any Clare home owners in unfinished estates who will still be forced to pay the tax. For more, including the full list of housing esta tes in Cla re tha t ha ve been exempted from the € 100 cha rge a nd the list of developments tha t ha ve been cla ssified a s ‘ghost esta tes’ by the Depa r tment of the Envir onment but will still ha ve to pa y the ta x, tur n to page 21.

ENNIS Town Council has not ruled out the possibility of turning Ennis’ oldest inhabited house into a museum at some point in the future.

Recent tests have shown that Ms Irene Clune’s house, known as McParland’s on Parnell Street, is one of the oldest timber frame houses in Ireland, dating back to the 16th century.

The building’s triple diamond stone Jacobean chimney has been an icon of medieval Ennis for centuries. The house has undergone necessary structural repair work in recent months.

At last week’s meeting of Ennis Town Council, Councillor Paul O’Shea (Lab) called for the council to seek funding to open a medieval museum at McParland’s.

In his reply to Cllr O’Shea’s motion, Town Manager Ger Dollard stated that conservation works at the site are progressing well and should be completed by February. He confirmed that the council has received a grant of € 85,000 from the Department to part-fund the work.

Mr Dollard said, “Arrangements need to be made to cover the balance of the overall cost (€ 170,000) arising on the present contract.”

He continued, “The council is conscious that the house does represent the home of an elderly lady who has an expectation of returning to the property when the works have been completed. The property is not owned by Ennis Town Council.

“In addition, the structure is a very confined structure and it is difficult to see how it could operate as a visitor facility.

“It should also be noted that the County Museum is currently funded on a joint basis by Ennis Town Council and Clare County Council and the council would not have the resources to commit to the management of a separate and further museum.”

Mr Dollard continued, “However, the council is conscious of the importance of the building and this will remain a consideration for the council in any future discussions in relation to the property.

“The suggestion contained in the motion will be borne in mind in any discussion on future use of the property.”

MUHAMMAD Ali was overwhelmed by the reaction to his ‘homecoming’ and now Ennis should seek to position itself as Ireland’s greatest town of Cead Míle Fáilte.

Thousands lined the streets for the former world champion’s visit in 2009.

A year later, Lonnie Ali said she had never experienced anything like the large crowds that turned out to welcome her husband to Ennis.

Speaking at the time, she said, “All the people in Ennis that came out and welcomed us, all the people that came out and supported us. There were so many people there and Muhammad was so excited, he’s still excited when he thinks back to that day.”

Now there are calls for Ennis to cap- italise on its reputation as a welcoming town. Councillor Johnny Flynn (FG) told last week’s meeting of Ennis Town Council that Ali’s family had remarked that the welcome he received in Ennis “meant more to him than his Olympic medals”.

He said this image should be used to promote Ennis abroad.

Cllr Flynn was speaking as members backed a proposed to make Ali the first recipient of a County Clare passport.

The proposal was made by Cllr Paul O’Shea (Lab) to conincide with Ali’s 70th birthday this Tuesday In a motion submitted to the meeting, Cllr O’Shea called on the council to offer a Clare passport to visitors.

He said holders would be entitled to discounts at major tourism attractions, shops and restaurants.

In his response, Town Clerk Leonard Cleary, stated that the council works closely with the tourism industry on initiatives to promote Ennis.

He added, “The development of an incentivised pricing discount structure for visitor attractions would need to be led by the tourism industry and supported based on available resources by the local authority.”

Mr Cleary said the proposal could be further discussed at the next meeting of the Ennis Municipal Policy Committee (MPC)

BYELAWS with real teeth are required to prevent the “intimidation” of staff at Ennis’ main sports and recreation amenity.

Mayor of Ennis, Cllr Michael Guilfoyle (Ind) made the call to highlight what he said is the growing problem of dogs being let off leads at Lees Road.

Last April, the issue of dogs being let run off leads in Drumcliffe graveyard was highlighted by local clergy. The problem prompted Fr John McGovern to issue a notice calling on pet-owners to respect graves.

At last week’s meeting of Ennis Council, Cllr Guilfoyle said stronger byelaws are also required to stop illegal parking and driving.

Cllr Guilfoyle said some drivers are ignoring the one-way system in place at Lees Road. He said that staff attempting to enforce the existing laws regarding parking and pets have been “intimidated”.

“This is wrong and we have to give them real powers,” he added.

Cllr Guilfoyle said problems have also arisen where people paying to use the synthetic running track have been “pushed off” the facility by non-payers.

Commenting on proposed new equipment at Lees Road, Cllr Guilfoyle said, “It’s a wonderful place and we have to protect it.”

The council has announced plans to install new facilities at Lees Road. The council has received funding of € 34,000 from the Department of Transport, Tourism and Sport for the provision of outdoor gym equipment at Lees Road.

Active trail equipment – which includes a trail crossing, rope post crossing, crossbeam crossing, rope crossing and hand-over-hand ladder will be installed as part of the project. This equipment will incorporate new elements for children, teenagers and adults.

INCREASED “out-of-hours” inspections will take place in Ennis to curb the sale of smoky coal in the town, a meeting has heard.

Clare County Council is seeking to halt the sale in the town of the fuel, which is banned under regulations introduced last year.

Independent councillor and Ennisbased fuel merchant Frankie Neylon raised the matter at last week’s meeting of Ennis Town Council.

Cllr Neylon told the meeting that fuel merchants in Ennis had recent- ly met with local TDs.

He described coal sellers in Ennis as being in “dire straits”, adding that the “problem of emissions had not been solved in Ennis”.

Cllr Neylon said the activities of unregulated coal sellers operating in “Limerick, Tubber and an area outside Tulla” are driving customers away from sellers in Ennis who are subject to the new smoky coal regulations.

“We have been insulted and abused by people who have been buying coal off us for the past 20 years because we won’t sell them Polish coal,” he said.

Cllr Neylon said fuel merchants had requested that Clare’s Dáí l members ask Minister for the Environment, Community and Local Government, Phil Hogan, to suspend the legislation for two years so customers can be educated about the benefits of smokeless coal.

Emphasising that fuel merchants are not against smokeless coal, Cllr Neylon said the new legislation does nothing to stop customers burning smoky coal or prevent the sale of smoky coal in nearby Kilmaley, Clarecastle and Newmarket-on-Fergus.

He added, “If the government are serious about smoky coal, they can ban it at source.”

Last June, Minister Hogan announced that Ennis would be added to the list of towns and cities covered by the ‘Smoky Coal Ban’, under which it is illegal to market, sell or distribute bituminous or “smoky” coal.

Under the air pollution act, sellers found in breach of the ban could face fines of up to € 5,000.

The restricted area of Ennis includes Ennis and environs, comprising the following electoral divisions: Ennis Nos. 1, 2, 3 and 4 Urban; Clareabbey; Doora; Ennis Rural; and Spancilhill.

Town Manager Ger Dollard said Clare County Council have constantly engaged with local coal sellers.

He said that “out-of-hours” inspections would take place to curb the sale of smoky coal in banned areas. He said a public awareness campaign would be launched to highlight the law on smoky coal.

He said air quality data would also be sought from the Environmental Protection Agency (EPA). Cllr Johnny Flynn (FG) described the restriction as “a bad law that is encouraging the black economy”.

KILRUSH Town Council has the ability to lead the way for local authorities around the country in their efforts to extricate themselves from contracts with private companies that have been described as “crazy” by former mayor Cllr Liam O’Looney (FF).

Cllr O’Looney, who spearheaded the local authority’s move to extri- cate itself from the provisions of a 20-year agreement with a private company for the public toilet on Martyr’s Square in the town, has said that a coalition of forces among local authorities should be established.

“The Municipal Authorities Association of Ireland has a role to play in this,” said Cllr O’Looney, “because since this council made the decision to give a 12-month notice about the public toilet in Kilrush, a number of councillors from other local authori- ties have been on to me. They want to do the same.

“Kilrush Town Council has shown the way and now through coordinating things at Municipal Authorities Association of Ireland level, if other councils did the same, these company who charged outlandish prices for the provision of services will have to deal with the council,” he added.

Earlier this month, Kilrush Town Council issued formal notice that it is to extricate itself from a 20-year agreement for the public toilet that was put in place in the town centre, by terminating the contract for the facility with JCDecaux Street Furniture Limited.

The public toilet will still be in operation in 2012 at a rental cost of € 35,910, but to terminate the contract later in the year the local authority must pay € 60,382 to Street Furniture Limited.

At the September meeting of Kilrush Town Council it was revealed that the town authorities were tied to a 20-year contract for provision of the toilet that was signed in 1999 and doesn’t run out until 2019.

“I must commend the management on what they’ve done,” Cllr Paul Moroney (Ind) told last Thursday’s Kilrush Town Council meeting. “Other councils were told in no uncertain terms that there was no opt out clause, but that’s not the case. This council has shown that it can be done,” he added.