Month: November 2012

A PROPOSAL by the National Parks and Wildlife Service (NPWS) to build a car park on the edge of the site earmarked for the controversial Mullaghmore Interpretative Centre is “part of a process” that will eventually lead to the building of a visitor facility in the area.

This warning has been sounded out by the Burren Action Group (BAG) this week as part of its detailed submission to Clare County Council planners opposing the NPWS plans for the car park at Knockaunroe in the Burren National Park.

The 15-page document was lodged with the planning authority on Friday ahead of this Monday’s closing date for submissions. It has warned that the car park will “create a new set of risks” in the Burren – chief among these a covert plan of “induced development” designed to eventually bring about the building of visitor facilities at Gortalecka, the original site earmarked for the Mullaghmore Interpretative Centre.

The BAG submission highlights what it calls the “danger of incremental development at the core of the (National) Park”, saying that the planning application was the “thin end of the wedge” and precursor for further development.

“The proposal excludes the provision of toilet facilities, picnic tables etc., it is inevitable that a demand will be created for these facilities on the site in the near future,” the BAG submission states. “Consequently, future applications for extension of the car park and provision of such facilities are to be expected. The initial choice of this site for a car park may be seen as the ‘thin end of the wedge’ for future provision of visitor facilities on the Gortlecka site. It will inevitably create demand for further development at the core of the park,” it adds.

The proposed car park facility is on the proposed site for the overflow car park that was originally included in the ‘Gortlecka’ application, a move that has prompted the BAG to claim that the NPWS application is going against decisions handed down by An Bord Pleanála and Supreme Court.

“The NPWS were obliged, by Bord Pleanála and Court decisions, to restore and rehabilitate the Gortlecka site at very considerable cost to the NPWS and the taxpayer,” says the BAG submission. “Consequently, the current application seems contrary to the intent of previous An Bord Pleanála and court decisions,” it adds.

A FINAL decision on whether fracking will be allowed to take place in the West Clare Basin will not be made until 2014 at the earlier, it was revealed yesterday. The terms of reference for a major Environmental Protection Agency (EPA) report on the viability of fracking are currently being drawn up and the report will not be completed until 2014.

The Minister for Energy, Pat Rabbitte (LAB), has confirmed that no decision on whether to grant a licence for commercial fracking will not be taken until after the EPA report in completed.

British-based company, Enigi Oil, was granted limited exploration right in an area around Doonbeg earlier this year and provisional data indicates that a commercial fracking operation could be sustained in the area. This prompted a large anti-fracking campaign locally which resulted in councillors at Clare County Council voting to change the County Development Plan to ban fracking earlier this year. This move is of little legal value however, as the power to grant a license for fracking lies solely with the Minister for Energy.

The EPA produced an initial study on fracking earlier this year but Minister Rabbitte requested that a second, more detailed, study be produced. The steering group for this research was announced last week and will include representatives from the EPA, Department of Environment, the Department of Environment, in Northern Ireland, the Commission for Energy Regulation, An Bord Pleanála and the Department of Energy.

The Clare Basin is one of two locations in Ireland where the possibility of commercial fracking has been identified. Fracking involves drilling large vertical tunnels deep underground and then using pressurised water and other material to crack and shatter the shale rock located there and release the natural gas trapped inside. The technique has been blamed for causing earthquakes in some parts of the world and has also be sighted a possible major pollutant to local water system.

ENNIS’ grid-lock problems at peak periods are set to be alleviated from this Wednesday when the long-awaited inner relief road finally opens up for traffic.

Mayor of Ennis, Cllr Peter Considine (FF) will formally declare the road open at a special ceremony at Friar’s Walk Coach Park at 10.30am, bringing to an end a long running saga for the provision of a new road to alleviate traffic problems in the county capital.

The final stage of the project was signalled in July when Ennis Town Council revealed that the final phase of the road was to begin later that month after the local local authority signed a € 360,000 construction contract with Gildoc Limited.

The contract provided for the construction of 180 metres of single carriageway road, footpaths and serv- ices, including new traffic lights at Station Road and Clare Road.

The Ennis Inner Relief Road Section E contract, to be delivered by Ennis-based Liam O’Doherty Building Contractor on behalf of Gildoc Limited, had a completion deadline for late September but was held up until final funding was secured.

At the time, outgoing Mayor of Ennis, Cllr Michael Guilfoyle (Ind) praised the local authority “for delivering this project which many had feared would not go ahead due to the “current fiscal constraints”.

“However, the necessary funding has been secured to ensure the delivery of what will be a very beneficial infrastructure project for Ennis town centre.

“It will complement similar road projects in recent years, including the section of the Inner Relief Road from Station Road to Francis Street and the Ennis Bypass, in further reducing traffic congestion in the Clare county capital,” he added.

“The new road will link Station Road at Madden’s Furniture to Friar’s Walk, the Causeway, Clare Road at Cathedral Court,” explained Eamon O’Dea, Ennis Town Engineer.

“This section of the Inner Relief Road will improve traffic flow to the town centre for customers and visitors to Ennis, and will reduce traffic congestion in the Station Road and Upper O’Connell Street area of Ennis,” added Cllr Guilfoyle.

A MAN has been ordered to pay compensation after he admitted to jumping on a garda patrol car in Kilrush last month.

David Cuggeran (36), with an address at 6 St Senan’s Terrace, Kilrush, appeared at Kilrush District Court on Tuesday.

He pleaded guilty to engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace at Parknamoney, Ennis Road, Kilrush on October 21.

Superintendent Gerard Wall told the court that Gardai were called to deal with a disturbance near Kilrush golf club on the night in question

The court heard that Mr Cuggeran was an intoxicated state and was asked by gardaí to leave the area.

Supt Wall said the accused then ran in front of a stopped patrol car, jumped on it and cracked the windscreen.

The court heard that Mr Cuggeran also directed bad language at the gardaí. Solicitor Joe Chambers told the court that his client had been at a function with friends.

He said an element of alcohol was involved but Mr Cuggeran was not drunk.

Mr Chambers added, “An incident occurred outside of his making which incensed him greatly.”

He told the court that his client did not say anything abusive to the gardaí and that he respects the force.

“He did a silly thing. He jumped on top of a squad car,” Mr Chambers added. The court heard that € 407 worth of damage was caused to the car. Supt Wall said the garda was grounded for the night because of the cracked windscreen.

He said there had been no garda provocation on the night.

Judge Patrick Durcan adjourned the case until December to allow for payment of compensation.

Mr Cuggeran was remanded on continuing bail to appear again at Kilrush District Court on December 18.

A WOMAN has apologised after pleading guilty to a breach of the peace at Ennis Courthouse earlier this year.

Nora Maughan (24), with addresses at 20 Stonecourt, Drumbiggle, Ennis and Brayton Park, Kilcock, Kildare, appeared at Ennis District Court on Wednesday.

Inspector Tom Kennedy said the accused was charged following a commotion that developed in the foyer of the courthouse on September 25.

He told the court that gardaí found Ms Maughan with another woman. Insp Kennedy said Ms Maughan was not the only person involved in the incident.

She has no previous convictions. Defence solicitor William Cahir told the court that his client was extremely anxious to deal with the matter.

He added, “She holds her hands up and admitted it was out of order.” Mr Cahir told the court that Ms Maughan’s involvement in the melee was “not of her character or nature.”

Ms Maughan told the court that she was “very, very sorry for what happened.”

She said she had never been in such a situation before.

Judge Patrick Durcan the public had been discommoded by what had occurred in the courthouse on the day. He added, “This court discharged its functions in discomfort.”

He ordered Ms Maughan to pay € 100 to the court poor box. He also struck out the charges against her.

Judge Durcan said, “Whenever you go to courthouses in the future, behave yourself in the future.”

GARDAÍ in Ennis have admitted they were “extremely concerned” when a convicted sex offender who failed to inform them of a change in his address fell of their “radar” last month.

The 40-year-old man pleaded guilty at Ennis District Court on Wednesday to a charge of failing to inform gardaí of a change in his address.

It was alleged that the man, on dates unknown between September 29 (2012) and October 10 (2012), within the jurisdiction of the State being a person to whom part two of the Sex Offenders Act 2001 applied, did fail to notify the gardaí of his home address on the relevant date as required by the provisions of the Sex Offenders Act 2001.

Detective Garda John Casey told the court that as a result of the man’s previous conviction he was required to inform gardaí of any change in his address.

Det. Casey said he learned the man had moved from his previous address in Clarecastle but had failed to inform gardaí of his new place of residence.

Defence solicitor John Casey told the court that his client had lived rough in the Mill Road area of Ennis after his previous accommodation no longer became available to him in Clrecastle.

He said the man did not have the necessary money to get new accommodation but has since secured a new address.

Mr Casey said his client is in very poor health and had no family or friends to turn to.

He added, “This was a breach of very serious and onerous condition.”

Det. Casey said it came as a “great surprise” to him that the man had been living in the Park on the Mill Road.

He said, “When he went of my radar, I was extremely concerned.”

“It goes without saying that people subject to the register are closely monitored,” he added.

Det. Casey told the court that he is now satisfied that the man has a new address

Judge Patrick Durcan said, “This is a very serious case and people are obliged to comply with the directions of a garda.”

Judge Durcan imposed a twomonth prison sentence, suspending it for two years.

He said he was imposing such a sentence “because of the seriousness of the matter.”

A JUDGE has said he will reflect on his decision to accept jurisdiction of a case involving a Barefield couple charged with harassment.

Martin McLoughlin (65) and Ann McLoughlin (62) both appeared at Ennis District Court on Wednesday.

The couple, both with an address at Ballymaconna, Barefield, are both charged with harassment of two named people in Barefield.

It is alleged that Mr McLoughlin made a threat, which a man believed would be carried out to kill or cause serious harm at Cregard Barefield on March 19 (2011). He is also facing a similar charge relating to an alleged incident at Cregard Barefield on September 24 (2011).

He is also facing two separate charges of harassment on dates unknown between January 2004 and March 2012.

It is alleged that Mr McLoughlin caused criminal damage to trees and shrubs at Cregard, Barefield on September 24 (2011).

Ms McLoughlin is charged with alleged harassment of a woman in the district court area of Ennis on dates between October 2006 and March 2012.

Defence solicitor James Nash told the court that he had a problem had arisen in the discovery process.

He said the State are refusing to hand over correspondence between Gardaí and a local authority. Mr Nash urged Judge Patrick Durcan to dismiss the case on the basis of discovery being refused.

Inspector Tom Kennedy said the State are not at liberty to disclose letters between the local authority and the alleged injured parties. Mr Nash said his clients could be “prejudiced” by the correspondence.

“I’m entitled to see it,” he added. Insp Kennedy said a court order would be required for the State to disclose correspondence.

He described the case as “very involved” and said the issues dated back to 2006.

Judge Durcan adjourned the case to tomorrow.

He said that while had accepted jurisdiction of the matter; the case had been “troubling” him.

He said he would reflect on his original decision. “My mind is open on it,” he added.

A WEST Clare man has been ordered to return home to live with his mother after pleading guilty to a number of theft and trespass offences in Ennis.

Noel Garry (19), with an address at Apartment 173, Parnell Street appeared at Ennis District Court on Wednesday.

The court heard that Mr Garry was one of three people who took a car that had been left running in the market in Ennis on August 10.

The court heard that the car was brought to the Moyross area of Limerick and burnt out.

Inspector Tom Kennedy told the court that € 1500 worth of damage was caused to the car and no compensation had been paid to the injured party.

Mr Garry also admitted to being one of two people who broke the window of the Tunstar shop at Parnell Street on the hours between August 26-27. A number of mobile phones and phone covers were stolen in the incident.

Mr Garry pleaded guilty to being one of two people who entered the 7 Days Shop, Cabey’s Lane, Ennis between September 5-6.

Insp Kennedy told the court that the premises serves as a Western Union money transfer shop.

He said that on the night in question € 675 was stolen from an envelope. He said the accused received a small amount of money.

Insp Kennedy told the court that Mr Garry co-operated fully with gardaí.

“He wasn’t the ringleader but he is easily led” he added.

Defence solicitor Fiona Hehir told the court that her client was 18 when he embarked on a “crime spree.”

She said Mr Garry had fallen in with a bad crowd in Ennis and that his mother is “extremely worried” about him.

Ms Hehir said Mr Garry had been involved in drugs and crime and that his behaviour must be “nipped in the bud.”

She told the court she had been instructed to enter an early guilty plea by her client.

Ms Hehir added, “He was in Castlerea prison for a week and he did not like it.”

Judge Patrick Durcan said was considering imposing a 10-month sentence.

He adjourned the case until January 23 for a report from the probation and welfare services. He also ordered Mr Garry to return home to live with his mother in Kilrush.

“Mr Garry, you have to wake up,” he added.

Mr Garry was remanded on continuing bail to appear again at Ennis District Court on January 23.

A MAN has appeared in court charged with drugs and firearms offences in North Clare two years ago.

Sean McNamara (21), with an address at Doonogan, Mullagh, appeared at Ennis District Court on Wednesday.

It is alleged that on October 16, 2010, Mr McNamara possessed a 12-gauge double barrel shotgun. It is alleged that he did not have the shotgun for a lawful purpose.

Mr McNamara is also charged with possession of cocaine and possession of cocaine for sale or supply at Doonogan, Mullagh on October 16.

Detective Garda Stephen Hession of Ennis Garda Station gave evidence of arrest, charge and caution. He said Mr McNamara gave no reply to charge after caution.

Inspector Tom Kennedy said the Director of Public Prosecutions (DPP) had directed trial on indictment.

The case was adjourned until January 9, 2013 for the service of the Book of Evidence.

TWO sisters charged offences allegedly committed outside an Ennis primary school are expected to be sentenced in January.

Rose Mahon (22) and Laura Molloy (21) are charged in relation to an incident at the Holy Family School, Station Road on March 20. Rose Mahon, with an address at Bay 3 Ballaghboy, Quin Road, Ennis, is alleged to have caused € 1500 worth of damage to a car. Laura Molloy, with an address at Bay 3 Ballaghboy Halting Site, Quin Road, Ennis, is alleged to have provoked a breach of the peace. Defence solicitor for both accused, Daragh Hassett, told the court that the cases are remaining in the district court. He said his clients would not be contesting the charges.

Mr Hassett said he was requesting an adjournment of the cases to allow him to prepare detailed pleas in mitigation in respect of his clients.

Judge Patrick Durcan noted guilty pleas in respect of both accused. He remanded both women on continuing bail to appear again at Ennis District Court on January 9 for sentence.