Month: February 2013

A NORTH Clare farmer who threatened to kill his brother has been urged to make peace with his family. Gus Howley (56), of Ballytigue, Lisdoonvarna, pleaded guilty to threatening to kill his brother at Larrakea, Kilfenora on November 8, (2012).

He also pleaded guilty at Ennis District Court on Wednesday to criminal damage of his brother’s car.

The Director of Public Prosecutions (DPP) directed summary disposal of the case. Judge Patrick Durcan accepted jurisdiction.

The court heard that Gus Howley called to a house where his brother Michael was working in a “fit of rage”. Garda Noel Carroll of Ennistymon Garda Station, told the court that Mr Howley smashed his brother’s car on his way to the site causing € 1500 worth of damage.

He said the accused brought a slash hook with him but broke it on the way to the site. Michael Howley was working on a scaffold and rang the gardaí because he feared for his life, the court heard.Garda Carroll said, “He (Gus Howley) ordered his brother to come out of the house, that he was going to kill him and if didn’t he was going to some day.”

Gus Howley told gardaí that was irate on the day because he had given his life savings of € 20,000 to his nephew and the money had not been repaid. He said the man had since moved to America. After hearing the evidence, Judge Patrick Durcan said slash hooks seem to be a popular weapon in Clare. “This seems to be slash hook county,” he added.

Judge Durcan said slash hooks were not readily available in his native Mayo. Inspector Tom Kennedy told the court that farmers in North Clare would have slash hooks on their farms. Defence solicitor Jim Finnegan said his client is extremely remorseful and regretful for the incident.

“A complete frustration built up when this money was taken from him by a cruel deception,” he added.

The court heard that gardaí are not investigating the circumstances in which Gus Howley gave the money to his nephew. Mr Finnegan said his client would try to re-pay the money within six months. Judge Durcan said he believed Gus Howley to be a man of excellent character, a hardworking man who feels he has been duped.

He added, “The fact that he is supported by his neighbours in court impressed me.” Judge Durcan said Mr Howley is guilty of a very serious offence but that he is not a criminal.

Garda Carroll told the court that the incident has “torn the family apart.”

Judge Durcan adjourned the case until March 13 to await the outcome of family negotiations.

He added, “Situations like this can go through a rural community and create a division.”

TWO men who attempted to have an altered cheque lodged to a bank account in Ennis have received prison sentences.

Ondrej Pollak (23), with an address at 9A Dun na hInse, Ennis, and Peter Sivak (22), with an address at 311 Brookville, Drogheda, Louth, appeared before Ennis District Court last Wednesday.

They pleaded guilty to dishonestly by deception inducing a member of the bank’s staff to accept a fraudulently altered cheque in the amount of € 4800 to be paid to the Bank of Ireland held at Bank of Ireland, Bank Place, Ennis.

The incident occurred at Bank of Ireland, Dunleer, County Louth on May 24, 2012. Detective Garda Claire O’Shaughnessy said the cheque had been altered from its original amount of € 22.50 to € 4800.

The court heard that Ondrej Pollak supplied the account for which the altered cheque was intended while Peter Sivak lodged the cheque in Dunleer.

Both men claimed they had been approached by a man named Tony, to carry out the transaction.

Mr Pollak said Tony requested the use of the account as his own had expired. Mr Sivak said Tony asked him to lodge the cheque in Dunleer.

Both men told gardaí that Tony agreed to pay them each € 100.

Det O’Shaughnessy told the court that gardaí did not find anyone named Tony connected with the case. She said that the accused claimed Tony was either from South Africa or Nigeria. Bank of Ireland discovered the deception and contacted gardaí. No money was removed from the account. Solicitor for Mr Pollak, John Casey, told the court that his client has lived in Ireland since he was 11. He said CCTV captured Mr Pollak checking his balance at the Bank of Ireland after the deception had been uncovered.

Mr Casey added, “He was always going to get caught. It was his account, his address.”

Solicitor for Mr Sivak, Daragh Hassett told the court his client, a Czech National, has lived in Ireland since he was 13. He said the father of two was in difficult financial circumstances when he was approached by Tony.

Mr Hassett said it was indicative of his client’s amateurism that he had signed the bank lodgment slip with his own name.

Judge Patrick Durcan said the men were not hardened criminals. He said their story involved the introduction of a “most curious character named Tony.”He added, “I do not believe one word about the existence of Tony or the responsibility of Tony.” He said the men had engaged in “criminal thievery of the worst kind”.

Mr Sivak received a six month prison sentence. Mr Pollak also received a six-month sentence but had the final two months suspended. Reco gnaces were fixed in both cases in the event of appeals.

TWO Kilrush brothers who beat a man with a golf club and stabbed him in the buttocks in the West Clare town two years ago have received prison sentences.

Daniel and Martin O’Brien were jailed last week for what a Judge described as a “concentrated effort” to assault the man at Place De Plouzone, Kilrush, in March 2011.

Daniel O’Brien (24) punched the man and stabbed him in the buttocks with a sharp object. Martin O’Brien (31) struck the victim four or five times with a golf club.

Ennis Circuit Criminal Court heard on Friday that the brothers assaulted the man over an alleged debt to Daniel O’Brien.

Daniel, with an address at The Square, Kilrush, and Martin, with an address at the Bungalow, Wood Road, Kilrush, initially denied the charge of assault causing harm at Place De Plouzone, Kilrush on March 1 (2011).

However the court heard that after the victim gave evidence at their trial in Ennis last October, the brothers changed their pleas to guilty.

The court heard that the man declined to give a victim impact report, indicating that he was satisfied with the evidence he had given.

Counsel for Daniel O’Brien, Brian McInerney BL, told the court that his client had been a chronic heroin addict at the time of the offence.

He said Mr O’Brien has since kicked his heroin habit and removed himself from the circle of people he had previously associated with.

Mr McInerney said his client, who is currently serving a prison sentence, has remained drug free while incarcerated.

He asked the court to consider suspending a portion of his client’s sentence.

Counsel for Martin O’Brien, Mark Nicholas, said his client had also been a drug user.

He said Mr O’Brien has since stablised his lifestyle.

Judge Gerard Keyes noted that Daniel has 23 previous convictions while Martin has 35 previous convictions.

He said the use of the golf club and sharp object showed the “viciousness” of the assault.

He said the man was “in essence beaten into submission.”

Judge Keyes added, “Neither of the two of you have shown remorse or offered an apology for your outra- geous behaviour.”

He said that on the evidence of Daniel O’Brien’s previous convictions, he had “displayed a violent temperament from an early age.”

Judge Keyes said Martin O’Brien had a propensity to violence.

He said that despite initially acting as peacemaker, Martin O’Brien turned violent and “viciously assaulted” the victim with a golf club.

Judge Keyes said he was satisfied the man had been seriously tramautised by the incident.

He sentenced Daniel O’Brien to three years in prison, suspending the final 14 months.

Judge Keyes sentenced Martin O’Brien to three years in prison, suspending the final 18 months.

Both men were also ordered to refrain from communicating with the victim.

A MAN was allegedly assaulted with a slash hook during a fracas that broke out at a wedding in Ennis last year, a court has heard.

Three men – Jimmy Doherty (39), John Doherty (47) and Simon Doherty (41) – have been charged with offences arising out of an incident that occurred at Ennis Cathedral, O’Connell Street, on October 11 (2012).

None of the accused were present when the matters came before Ennis District Court on Wednesday.

Solicitor for all three accused, John Casey, told the court that he had received an email from the State advising that his clients stay away from the Courthouse for “security” reasons.

Inspector Tom Kennedy told the court that he had been in contact with the Courts Service regarding the matter. He explained that the accused’s presence had been excused for “operational” reasons.

Jimmy Doherty, with an address at 8 Maiville, Kilrush Road Ennis, and Simon Doherty, with an address at The Cottage, Granard Road, Edgeworthstown, Longford, are both charged with the assault of John McDonagh at the Cathedral on October 11 (2012).

They are also charged with engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace.

John Doherty, with an address at 60 Abbeyville, Ennis, is charged with engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace. John Doherty is also charged with assault causing harm to John McDonagh.

Insp Kennedy said the Director of Public Prosecutions (DPP) had directed summary disposal of the assault charge against John Doherty.

Insp Kennedy said it would be alleged that Mr Doherty struck Mr McDonagh across the head with a slash hook.

He said Mr McDonagh received 18 stitches as a result of the alleged assault. Insp Kennedy told the court that the incident occurred during a wedding ceremony.

The court heard that it would be alleged that a fracas developed and spilled outside the Cathedral.

Judge Patrick Durcan declined jurisdiction, saying the nature of the alleged injuries and the allegation that a religious service was disrupted were seriously aggravating factors.

The case is to be referred back to the DPP. All three accused were remanded on bail to appear again at Ennis District Court on March 27.

A NUMBER of prominent environmental organisations came together last week to question the public consultation process being undertaken in relation to a giant Bord Iascaigh Mhara (BIM) fish farm planned for six miles off the Fanore coast.

An Taisce, Coastwatch, the Irish Seal Sanctuary and the Irish Wildlife Trust released a joint statement last week in which they requested that all consultation documents related to the project be made public.

The controvertial fish farm has seen the creation of a rift between the two government fisheries agencies with BIM and Inland Fisheries Ireland (IFI) taking opposing position over the development.

The situation took a dramatic turn last week when BIM released the finding of a Irish Marine Institute study, which claimed that sea lice created by the farm would not cause any significant difference to the local wild salmon population.

IFI struck back in recent days, claiming the 1 per cent threat to wild salmon stocks predicted in the Marine Institute study could be the “tipping point” for wild salmon stocks.

“We welcome the fact that there is now a clear acceptance of the negative impact of sea lice on juvenile salmon and the debate can now progress to identify the best methodologies to reduce or eliminate this impact. IFI would also like to see similar progress in relation to the issue of escaped farmed salmon,” said an IFI spokesperson.

“In recent years approximately five per cent of all juvenile salmon going to sea return back to their native rivers as adults to spawn. Precisely because natural mortality rates of salmon are high, even a proportionally small additional mortality from sea lice can amount to a large loss in salmon returning.

“To put this average of 1 per cent reduction in return rates, as reported by the Marine Institute, in context, if 3,000 salmon return to a river, and this represents a five per cent return rate, a reduction in the return rate to four per cent translates into a reduction of 20 per cent of the adult salmon – 600 fewer fish returning.”

THE Gathering Ireland 2013 will be the subject of a unique world recordbreaking attempt this June when the largest ever gathering of persons with the same first name is attempted in County Clare.

The Clare Volunteer Centre, supported by the Gathering Clare Steering Committee, is inviting people with the name Claire, Clair or Clare to travel to Ennis to participate in the potentially record-breaking feat on June 23.

The largest gathering of people with the same first name is 1,096 Mohammeds as part of the Dubai Shopping Festival at Creek Park, Dubai, United Arab Emirates on February 10, 2005.

The record-breaking attempt forms part of the ‘Welcoming Claires to County Clare, Ireland’ project, one of the estimated 230 Gathering festivals and events taking place throughout County Clare during 2013.

According to Sharon Meaney, Manager of the Clare Volunteer Centre, “This is a family event where everyone from babies to grandparents is welcome to attend. You don’t have to be from County Clare, you may not have even heard of County Clare, but you will share a name that is synonymous with being ‘clear, bright and famous’.”

Ms Meaney said the same-name gathering will form part of a weekend of welcomes featuring a free music event on Friday, June 21 in Ennis as part of the Love:Live Music event.

The weekend also will feature street entertainment on Saturday, June 22 and a special-edition ‘Welcome to Clare’ card, which will offer special offers and discounts to various attractions countywide for the weekend.

Tracy Crawford of BallyO Promo- tions and Director of the new Ennis Roots Music weekend added, “As it is the year of the Gathering, we are thrilled to extend the Love:Live event to incorporate a weekend of events, of which ‘Welcoming Claires to County Clare’ will form a part. We are all committed to getting the message out there, that if you want to visit Ireland, there is no better place to come to than County Clare.”

A short film is being filmed and produced by Martin O’Malley of Malbay Studios featuring Claire Daly dancing in various locations around the county showcasing what Clare has to offer.

KILRUSH town councillor Tom Prendeville (FF) will not be standing down when the council meets this evening (Tuesday).

The father of the council threatened such drastic measures at last month’s meeting of the council, if parking is- sues outside a local primary school were not resolved within the month.

He told

A KILMHIL-BASED construction and civil engineering company has plans to develop, upgrade and expand the Kilrush Marina, which is hoped will bring more business and employment to the area.

During the next five years, L&M Keating will invest € 3 million in the marina, at the end of which it should take ownership of the landmark.

In a deal with Shannon Develop- ment, the West Clare Company will construct a new pavilion building, landing pontoon, fixed and floating breakwaters and additional car marking.

It also sought planning permission from Clare County Council to extend the 120-berth marina pontoon to 160 and will carry out much needed dredging and land reclamation works.

When the work is complete, if Shannon Development is happy with the standard, the ownership of the marina will be signed over to L&M Keating, the company that built the marina’s centre for € 400,000 in 1998.

Managing Director of the company, Louis Keating is both excited and confident about the project. A keen sailor, he hopes to turn it around to what it was 20 years ago.

“The most useful thing we are going to do from a user’s point of view is that we are going to automate the lock gate, which is a contentious issue. Currently, the lock gates only work business hours and we are going to make them 24 hours a day. That will be a huge bonus to marinausers,” he told The Clare People .

Dredging the marina also remains a top priority.

The new building planned on site will be for public use, providing access for dolphin tours and visits to Scattery Island. Plans are also in place to upgrade the boat yard, formally Doherty’s Timber Yard.

“We are going to make it a smart, clean boat yard and hopefully get back the marine businesses – boat repairs, engine repairs and electronic repairs – that were there up to relatively recently, but for various reasons they have gone away. I think by drumming up a bit of business and providing nice facilities, we will get them back in,” he said.

“In terms of jobs, actually employed by the marina, there won’t be any change in numbers but I hope the marina industries will come back.

“My vision is that in five years time you would have eight to 10 people working there – let’s say five all year around and 10 through the summer.”

“I’d be making a serious drive to get in more yachts and more business. It is a fantastic facility. It is fundamentally the best marina on the west coast. I am hoping to drum up business on the west coast and further afield. I actually believe there is a market with the UK boat-owners that are paying probably three to four times the berthage that we are paying in Kilrush.

“We will be on a serious marketing drive once we get the development we are planning done.”

THE HSE has moved to reassure Clare mothers to be that it has improved hygiene standards at the region’s maternity hospital following an unannounced HIQA report last November. The report, published last week, pointed to areas that could be improved upon in the Mid Western Regional Maternity, Limerick, including the management of waste. The health care watchdog was also concerned that the level of compliance with hand hygiene practices in the hospital posed a risk to patients. It added however that, “During the course of the monitoring assessment, the authority did not identify any im- mediate serious risks to the health and welfare of patients receiving care in the areas assessed at Mid Western Regional Maternity Hospital.” In a statement, the hospital said it acknowledged significant improvement in the area of hygiene was required and it was fully committed to ensuring that it achieve the necessary improvement. “Despite much emphasis on hand hygiene in our hospital, we are disappointed that we were observed to have suboptimal levels of hand hygiene compliance on the day in question (November 7). “Since the audit, much work has been ongoing in this area,” a spokesperson said. Since the audit, all staff trained in the delivery of hand hygiene training have had refresher and update training and an updated training plan is also in place for 2013. “This enhanced training will be further strengthened in February when it is planned to ‘blitz’ hand hygiene compliance throughout the hospital,” added the spokesperson. “A technical assessment of all our clinical handwash sinks is being undertaken with a view to prioritising non-compliant sinks for immediate replacement.” Senior Midwifery Management are also said to be approaching hand hygiene with a new vigour from the perspective of patient advocacy with a hand hygiene culture shift also expected among clinicians at all levels. Tue05February13

CLARE is losing over 10 times more people to suicide than to road deaths, and those working at the cold face of local mental health services say we are in the midst of a crisis that needs to be addressed urgently.

As many as 23 cases relating to people taking their own lives were listed before the coroners court in Clare last year. Not all cases were certified as suicide, with a number of open verdicts recorded and three of these cases still have to be heard.

Of those deaths, more than half of the deceased were in their 30s and 40s, bucking national trends which point to young men aged 15 to 26 years old as most in danger.

A total of 17 of the cases before the coroners court related to men.

Among the deaths were 13 hangings, four drownings and four deaths at the popular tourist destination the Cliffs of Moher.

Mental health workers in Clare told The Clare People that the recession has had an impact on the mental health crisis, with unemployed men, older isolated people and young men of particular concern.

It is also accepted that the number of people seeking help is on the up, but so too is the number of people dying by suicide.

There were 15,845 calls to the Smaarathans in Clare last year, that is as many as 305 every week.

Tom McEvoy from Pieta Mid West said the number of Clare people seeking assistance from the suicide crisis centre doubled in the last year.

In 2011 358 people were helped by the organisation based in Limerick. As many as 16 per cent of these people were from Clare.

Last year that number had jumped to 659 people, More than 100 of these people seeking urgent help were from Clare.