Month: October 2012

A WEST Clare publican accused of assaulting a customer at his home on a Sunday morning during the Willie Clancy Festival has had the charges against him dismissed

Unemployed bricklayer Kieran Flynn (35) alleged Sean Malone (52) showed up at his home on July 3 (2011), punched him around the head and pulled off his underwear during a 10-minute assault.

Mr Malone, with an address at The Lane Miltown Malbay, pleaded not guilty to the charge of assault causing harm.

The court heard that Mr Flynn had been on a 13-hour drinking session the previous day.

Mr Flynn, who admitted being very drunk, ended the day in Malone’s Bar where an altercation developed between he and Mr Malone’s partner Fiona White.

The court heard that Mr Flynn was thrown out of the bar.

Pointing to a lack of medical evidence, Judge Patrick Durcan dismissed the charges.

He said, “There has to be a doubt in mind and there is. I accordingly dismiss the charge.”

Judge Durcan said he had no reason “not to believe” Mr Flynn’s evidence. However he said this was a case where there was a conflict between the evidence of a drunk man and sober man.

Judge Durcan said that if a man had been “thrashed” in the manner described by Mr Flynn you would expect that medical evidence would have been produced to support that claim.

Over the course of three hours and 35 minutes, the court heard evidence from 11 witnesses including three other publicans in Miltown Malbay.

Mr Flynn alleged that Mr Malone had been “crying with temper” during the alleged altercation, adding that Mr Malone told him that he had insulted his parents on the night previous.

Mr Flynn’s partner, Cora Griffin (26), said he had a “bruised hand and buttocks” when she saw him.

His sister, Annette Cotter, said her brother was “lying on the floor naked from the waist down.”

She claimed there was blood spat- tered on the walls and that her brother was in agony.

A number of defence witnesses said Mr Flynn had been heard in Miltown on the previous day talking about a fight he had been in with another man.

Publicans Martin Flynn (Flynn’s Bar) Gerard Clancy (Clancy’s Bar) said Mr Flynn had been in their bars in the early afternoon on July 2. They said he had blood and scrapes on his knuckles.

Mr Clancy said he advised Mr Flynn to go home and sleep it off. He added, “He’s not awkward. He’s a lovely lad.”

Staff at Malone’s Bar also gave evidence that Mr Flynn was in a “very irritable mood” on July 2.

Ms White said Mr Flynn verbally abused her in Malone’s Bar and pushed her.

Mr Malone told the court that he asked Mr Flynn to leave his premises on July 2 because he was “beyond control.”

Mr Malone said he called to Mr Flynn’s the next morning because he was concerned for his well being. Insp Tom Kennedy said Mr Malone and other witnesses had attempted to “discredit” Mr Flynn.

This was rejected by the witnesses and Judge Durcan who said he did not “quibble” with the evidence given by the publicans.

Defence solicitor Daragh Hassett said evidence had been given that Mr Flynn had spoken of being in a fight with another man on July 2.

He said there were “large doubts and inconsistencies in the State’s case.” Judge Durcan dismissed the charges.

A FORMER social care worker from Kildare who fraudently claimed € 7000 from an Ennis based healthcare company has been ordered to make a contribution to charity.

Adrian Sexton (33), with an address at 13 Shrowlands, Athy, Kildare, pleaded guilty at Ennis District Court on Wednesday to 46 charges of deception.

The court heard that “financial desperation” drove the former horse trainer to steal from his employer. Mr Sexton fought back tears as details of the case were heard in court.

Detective Garda William Delaney of Ennis Garda Station said Mr Sexton worked as a social worker for TTM Healthcare, Ballymaley Busi- ness Park.

The court heard that Mr Sexton submitted fraudulent timesheets that exaggerated the amount owed to him for work he said he carried out at children’s care units in New Ross, Newbridge and Drumcondra.

The offences dated from September 19 (2011) to January 2 (2012).

The amounts claimed for ranged in size from € 8 to € 500. The court heard that Mr Sexton repaid all the money owed to the company.

Inspector Tom Kennedy told the court that the Director of Pubic Prosecutions (DPP) had directed summary disposal of the case on a plea of guilty only. Judge Patrick Durcan accepted jurisdiction.

Detective Delaney told the court that the fraud came to light when TTM Healthcare were informed by the care centres in question that the work had not been carried out. He said Mr Sexton cooperated fully with the garda investigation.

He has no previous convictions.

Solicitor Daragh Hassett told the court that Mr Sexton previously worked as a horse trainer near the Curragh.

He said the father-of-four was under extreme financial pressure at the time.

The court heard he volounteers with a number of organisations including Cuan Mhuire and Chernobyl Ireland. He also works with his local GAA club.

Mr Sexton has since lost his job with TTM Healthcare. Mr Hassett said;

“It is the height of stupidity, not matter what pressure he was under.”

Insp Kennedy said Mr Sexton was “clearly remorseful” for his actions. He described the offences as “completely out of character.”

The court heard that the Sexton family are moving to Australia to seek work.

Judge Patrick Durcan said these were serious offences “that happened systematically over a period of time.”

Noting the accused’s guilty plea, total co-operation and his repayment of the money, Judge Durcan ordered Mr Sexton to pay € 1000 to the court poor box by December 30.

He said the charges would be struck out if the payment is made by that date.

A MAN has received a prison sentence after pleading guilty to a burglary at the Kilmaley Inn earlier this year.

Jamie Brohan (29), with an address at 142 Hermitage, Ennis, received sentences totaling 10 months at Ennis District Court on Wednesday.

Mr Brohan pleaded guilty to entering the Kilmaley Inn as a trespasser and committing an arrestable offence, the theft of a Samsung cash register valued at € 1200. The register contained € 15. The incident oc- curred on February 13.

Mr Brohan also pleaded guilty to stealing protein drinks valued at € 46 from Rochford’s Pharmacy, Kilrush Road, Ennis on February 23.

The Director of Public Prosecutions (DPP) directed summary disposal of the case. Jurisdiction was accepted in both matters.

The court heard that Mr Brohan entered the Kilmaley Inn through the rear of the premises at around 3am in the morning.

Detective Garda William Delaney told the court that the accused was subsequently found in possession of the register.

The court heard that Mr Brohan co-operated fully with gardaí and the property was recovered in full working order.

Inspector Tom Kennedy told the court that the accused has 58 previous convictions.

The court heard that Mr Brohan had previously received a five month suspended sentence for possession of a claw hammer and flick knife at Lasting Impressions hairdressers, Chapel Lane, Ennis between July 28 and 29, 2011.

Solicitor Daragh Hassett told the court that his client had developed an unfortunate addiction to heroin at an early age.

Mr Hassett said his client had received treatment for his addiction but had lapsed back in drug use during the time of the offences.

Mr Hassett added, “He’s still a young man.

“He’s not without hope.”

Judge Patrick Durcan described the break in at the Kilmaley Inn as an “extremely serious matter.”

He activated the five month suspended sentence imposed for the offence at Lasting Impressions.

He imposed a four-month sentence for the burglary at the Kilmaley Inn and one month for the theft at Rochfords Pharmacy.

Both sentences are to run consecutively to the previous five-month sentence.

Judge Durcan said assaults on businesses are “assaults on the fabric of the community.”

He said the message must go out that criminals are “going to face the highest level of penalties within the circumstances that we can impose.”

Recognances were fixed in the event of an appeal.

NORTH Clare will be the venue for a gathering of some of Europe’s best known poets and musicians this weekend.

The Western Writers and Clare Three Legged Stool Poets will host poets and musicians from Iceland, Faroe Islands, Norway, The Shetland Islands, Ouessant, Corsica, Sardinia and Ireland.

They will join colleagues from Ireland to explore the ‘Sacred and Profane origins of the island of Europe’ at a conference in Carron.

The event will run from Friday, October 19, to Sunday, October 21.

Estonian poet laureate Yaan Kaplinski will perform at the opening of the conference in Kilfenora Cathedral on Friday, 8pm.

He will also appear to an open mic session hosted by the Clare Three Legged Stool poets on Saturday in Glór, Ennis, at 2pm.

A final concert of all participants will take place in the Cathedral in Ennis on Sunday at 8pm. Entrance to all events is free.

Brian Mooney of Clare Three Legged Stool Poets said part of the conference will be closed to the public.

He explained, “The closed aspect will be two close-up ‘getting to know you’ sessions of all the participants in the Michael Cusack Centre in Carron where poets and musicians will have an opportunity to give a more intimate presentation of their work. These sessions will be held on Saturday morning from 10am to 12.30am, and on Sunday over two periods from 10am to 1pm and from 2pm to 5pm. These sessions are not open to the public as such but are open to any poets who wish to participate.”

Mr Mooney continued, “At these two sessions, the main themes to explored will be the Brendan Voyage theme or spreading of Christianity north to the Western Isles of the Atlantic and the Norse theme and its movement south to the Mediterranean and both of these as an ongoing inspirational motif for modern day poetry.” For further information contact info@claresrock.com or enq uiries@kilfenorahostel.com.

THE so-called “Centre of Excellence” for the mid-west cannot provide treatment for a specific type of heart attack after 5pm or at week- ends. The HSE admitted that as many as 58 people a year, or an average of more than one a week, suffering from a heart attack as a result of blocked arteries must be sent on to Galway to be treated, as the service is not available in the Mid Western Regional Hospital Limerick outside of Monday to Friday, 8am to 5pm. When reconfiguration of hospitals in the mid-west was announced and the Accident and Emergency Department at Ennis General Hospital downgraded, Limerick was hailed as the centre of excellence for the whole region. It has now emerged that if Clare patients, who can no longer be treated in Ennis, arrive at the Regional Hospital in Limerick with a ST elevation MI (type of heart attack) after hours, they will be turned back and sent to Galway. A spokesperson for the HSE anticipated that Limerick will become a 24-hour Acute Coronary Syndrome (ACS) centre within the next few weeks, and the treatment will then be available around the clock. “Preparatory work has been in train for several months in accordance with national guidelines. The two centres for STEMI patients in the West of Ireland will be Galway University Hospital (which went live on October 1) and the Mid Western Regional Hospital, Limerick,” he said. “Cardiology services in Limerick have expanded greatly in recent years, with a fifth cardiologist recently appointed. The hospital has a 24/7 coronary care unit and a cardiologist on call round the clock. The coronary care unit and day cardiology services will shortly be moving to a new stateof-the-art critical care block “It is important to note that a STEMI (ST elevation myocardial infarction) is not a case of cardiac arrest. Anyone suffering a cardiac arrest will continue to be treated 24-7-365 in the Mid Western Regional Hospital,” he said.

THE Department of the Environment, Heritage and Local Government have been accused of hypocrisy as it calls on rural dwellers to register their septic tanks, while overseeing what has been described as “one of the biggest polluters in West Clare”.

Raw sewerage is pumped daily into the Shannon Estuary from the holding tanks at Skagh Point, despite a € 12.5 million Wastewater Secondary Treatment Plant being promised for the towns of Kilrush and Kilkee more than seven years ago.

It is now unlikely that the much needed scheme for the West Clare towns will come to fruition as the towns’ manager, Anne Haugh, said the county council’s hands are tied when it comes to raising the funds.

She explained that the council has been told it must raise € 2.7 million for the project, yet the Department of the Environment will not approve loans for any new projects.

Sean Ward, Senior Engineer with Clare County Council’s Water Serv- ices, said the Department of the Environment has approved a “procurement and construction budget of € 8.042 million for the two waste water plants, one third of which will have to be funded by the local authority.

“However, the council cannot begin this process until the EPA issues a wastewater discharge licence and the scheme is included in the 2014 WSIP (government) list.

“The only thing that would move the scheme from ‘scheme at planning’ status to ‘contracted to start construction’ status ahead of 2014 would be if the EPA issues a discharge licence with a very tight deadline to have the treatment plant completed,” said Mr Ward.

He is not very confident that the licence the council applied for in 2008 will be issued anytime soon.

The father of Kilrush Town Council, Cllr Tom Prendeville (FF) said he believed it was hypocritical of the department to threaten people in rural Ireland who have septic tanks, yet allow the incident at the estuary continue.

“The spin doctors from the department have been at pains to point out the need for septic tank owners to register and carry out regular inspections and servicing operations to ensure that our ground waters are not contaminated with the resultant threat to the environment and to jobs,” he said.

“Yet some might find these utterances hypocritical when one realises that the long promised wastewater treatment programme for Kilrush and Kilkee more than seven years ago is still being considered by the department.

“Some people might be discomforted to hear that raw sewage is being pumped out daily in the Shannon Estuary from the holding tanks at Skagh Point. This anti-environment act gives credence to the sceptics who charge the local authority with being polluters in West Clare,” he warned.

The former mayor of Kilrush called on the Oireachtais members to bring the matter to the Dáil and the MEPs “at EU level where the € 12.5 million funding has been secured”.

AFTER more than eight years of work and hard graft by the local community, a major redevelopment of the Corofin Community Hall will begin later this month after funding of € 300,000 was confirmed yesterday.

This funding, which has been made available by the Clare Local Development Company (CLDC) under the LEADER programme, will enable the local hall committee to activate a loan of € 200,000 from the Clann Credo social financing organisation in finance construction works.

The € 500,000 development will include a total modernisation of the building as well as the construction of new dressing rooms of the dramatic society, a storage area for the local show society and new dressing rooms and toilets facing out onto the Corofin Community Field.

Work on the site should be completed just in time for the Festival of the Finn to return to Corofin next May.

“When we were putting our application together we calculated that there were more than 50 community organisations – large and small – in the Corofin area and this will benefit all of those,” said Gerry Kennedy of the Corofin Hall Committee.

“We have a group like the Corofin Dramatic Society who won an All Ireland last year and have had to be nomadic – they have had to go to Lisdoonvarna and to Ennis to put on their plays instead of here in Corofin.

“This is going to be a huge relief to all of the local community groups. We are fundraising locally now with a 500 Club draw and it is over subscribed.

“There is actually a waiting list of people who want to sign up, so the local community has really supported this project,” said Mr Kennedy.

“We are hoping to start within a month. We still have to sign a lease with the diocese for the building and we have to finalise the paperwork with Clan Credo, but we will hopefully be able to make some real progress on the building soon.

“Our target is to have the centre up and running for the Festival of the Finn on the May bank holiday weekend next year, so fingers crossed.

“We have a great committee who have put in a lot of work to this over the years,” he added. Built more than 60 years ago, the Corofin Community Hall was the centre of activity for much of the local community until it fell into serious disrepair more than 10 years ago.

As part of the same Leader funding, Clare Camogie Board received € 181,000 in funding towards their development in Doora.

THE number of planning applications in Clare has fallen by almost one third in a year.

According to Clare County Council, 577 valid planning applications were submitted so far this year.

The majority of these were for new homes or housing estates. A total of 207 such applications was made.

Domestic extensions and garages are also proving popular, with 115 applications.

Agricultural developments accounted for 34 applications, with 82 applications for retention also received. Nine applications received by the planning authority were for outline planning permissions.

The remaining 130 applications were made up of changes of use, extensions to schools, wind turbines, entrances, graveyard extensions, and change of design.

The fourth National Housing Construction Index complied and issued by Link2Plans maintains there is a continued drop in housing construction activity throughout the county.

The National Housing Construction Index measures every submitted Planning Application and Planning Commencement.

The team of researchers at www. link2plans.com have examined every housing construction planning application and planning commencement from January through to August 2012, in the production of the National Housing Construction Index.

The Index gives a direct comparison with the exact same period in 2011.

The Link2Plans research demonstrates that from January to August 2012, 231 planning applications were submitted in Clare. This compares to 341 in 2011 resulting in a drop of 32 per cent, ranking it the county with the third largest drop.

There was also an 18 per cent decrease in the number of Commencement Notices issued in Clare from 186 down to 152.

This volume examines the number of planning permission applications for residential projects from January to August, showing a significant variation regionally when looking at planning applications activity per head of population.

According to Managing Director of Link2Plans, Danny O’Shea, “Once again, the National Housing Construction Index has shown huge variations throughout the country. In the first eight months of the year, across the country, a total of 9,197 individual projects applied for planning permission which is down from 10,953 or a fall of 16 per cent compared with 2011. In terms of project commencements, nationally there was a 10 per cent fall from 4215 in 2011 to 3782 in 2012.”

GARDAÍ in Kilrush have carried out more than 500 drug searches in the town of Kilrush so far this year, an average of 13 searches a week.

The 507 searches far exceed the number usually carried out by a Garda station of the size of Kilrush but, according to Superintendent Gerry Wall, this is an indication of how serious the local gardaí are taking the drug issue in the town.

The searches included buildings and searches of the person.

The local gardaí have also arrested two for selling and supplying drugs locally.

Drug dealers that are known to have pushed drugs in the West Clare town have also been arrested in different jurisdictions and await trial. Supt Wall reassured people that many of those who had been selling drugs in the town are before the courts in Clare and other parts of the county.

“They are all under pressure and will stay under pressure,” he said.

The superintendent was addressing questions during the Public Joint Policing Committee meeting which was held in the town last week and boasted a larger than usual attendance from members of the public.

The number of people arrested for possession of drugs up to the value of € 300 has fallen to 14 during the first nine months of this year from 29 in 2010, those attending the meeting heard.

A TRAVELLER feud that has spilled onto the streets of Ennis on two separate occasions over the last week has been branded “absolutely disgraceful” by Chief Superintendent of the Clare Garda Division, John Kerin.

Seven people have been arrested in total in connection with violent disturbances that broke out at Ennis Cathedral, Maiville housing estate and the Maid of Eireann roundabout between Thursday and Sunday.

Charges have so far been brought against three people. Gardaí expect to make more arrests in the coming days. Armed members of the Garda Regional Response Unit have also been on patrol in Ennis over the last five days.

The latest incident occurred Sunday at the Maid of Eireann roundabout when members of the rival famillies clashed at around 6pm.

Gardaí on routine patrol came upon the incident and were backed up by units from Ennis Garda Station. Weapons including Stanley knives, pick-axe handles, slash hooks and a baseball and iron bars were all among weapons seized this past week alone. A garda was hospitalised after receiving whiplash injuries when the car he was sitting in was rammed by another vehicle.

A number of vehicles were damaged and an area near the roundabout was closed to traffic for three hours. Two women have been charged with public order offences and are due to appear in Ennis District Court on Wednesday.

Three men also arrested on Sunday had their periods of detention extended at Ennis Garda Station yesterday.

Gardaí believe the incident is linked to a violent altercation that occurred during a wedding at Ennis Cathedral on Thursday afternoon.