Month: May 2013

A BOUNCER who broke the jaw of a West Clare man outside a pub in Ennis has had the charge against him dismissed.

Colin O’Donoghue (33) denied the charge of assault causing harm to Diarmaid Kelly (23) at Yolo Bar, Abbey Street in the early hours of March 11, 2012.

CCTV footage of the incident shown at Ennis District Court on Wednesday showed Mr O’Donoghue punching Mr Kelly in the face.

Mr O’Donoghue told the court that he lashed out because he feared for his life. Mr Kelly, the court heard, had earlier been ejected from the premises.

The court heard that after a 10minute period during which Mr Kelly demanded to be let back into the pub, he told Mr O’Donoghue;

“I’ve got something in my pocket for you. I’m going to cut your throat.”

Mr O’Donoghue, with an address at 19 Waterside, Cappahard, Ennis told the court that Mr Kelly was very drunk, kept cursing at him and banged his hand on the door behind the Mr O’Donoghue’s head.

Giving evidence, Mr O’Donoghue said, “I thought he had a knife or blade in his pocket. I wasn’t waiting to find out.”

The court heard that Mr Kelly contacted gardaí on March 14 to say that he “thought” he had been assaulted. He said he had received text messages from friends to say he had been assaulted.

Security officer Declan Flynn was working with Mr O’Donoghue on the night.

He told the court that Mr Kelly was very loud, aggressive and intoxicated. He said he heard Mr Kelly making the threat to cut Mr O’Donoghue’s throat.

After the punch was thrown, Mr Flynn attended to Mr Kelly.

He said he brought him a glass of iced water. He said Mr Kelly got back on his feet and walked away with a friend.

Mr Flynn added, “He seemed dazed and confused. I asked him if he needed an ambulance and he said he didn’t.”

Under cross-examination from defence solicitor John Casey, Mr Flynn said Mr O’Donoghue had a “non-aggressive” stance and kept his hands by his side while Mr Kelly demanded to be let in.

Mr O’Donoghue told gardaí that hit Mr Kelly to protect himself.

Staff from the nearby Queens nightclub and Front Bar gave evidence that Mr Kelly had earlier been ejected from the premises for being a nuisance and “squaring up to people.”

Mr O’Donoghue apologised for the injuries suffered by Mr Kelly. He claimed that Mr Kelly told him he would “get him and the pub.”

Mr O’Donoghue said Mr Kelly has passed the pub on several occasions since the incident, “making gun gestures.”

Under cross examination from Inspector Tom Kennedy, Mr O’Donoghue said he had never been assaulted in 14 years working as a doorman.

He added, “At the time I thought my life was in danger and I struck him.” Solicitor John Casey said his client “reacted in full defence of himself.”

He added; “This wasn’t a concentrated assault.

“It was one punch.”

Judge Aingeal Ní Chonduin dismissed the charge of assault against Mr O’Donoghue.

Mr Kelly, with an address at 6 Kilrush Road, Cooraclare, was convicted of provoking a breach of the peace arising out of the same incident. He denied the charge.

He has no previous convictions. Mr Kelly was ordered to pay € 300 to the court poor box within two months. Judge Ní Chonduin said;

“He was the author of his own misfortune, very clearly.”

MULTIPLE cases involving members of two different Traveller families are due to be heard at a special sitting of Ennis District Court in July.

Allegations of assault and criminal damage in areas of Ennis and Clarecastle allegedly involving members of the McDonagh and O’Donoghue families have been adjourned to July 1. Seven men charged in connection with the incidents alleged to have occurred over a nine month period appeared before Ennis District Court on Wednesday.

Darren McDonagh (20), Simon McDonagh Jnr (18) and Patrick McDonagh (32), all with addresses at 7 Aonach an Chláir, Clarecastle and Edward McDonagh (33), with an address at 18 Davitt Terrace, Cloughleigh are alleged to have caused € 1000 damage to a Ford Mondeo car at An tSean Dún, Tulla Road, Ennis on March 2 (2013).

Edward McDonagh (33) and Simon McDonagh Snr (38), with an address at 7 Aonach an Chláir, Clarecastle are both charged with criminal damage.

It is alleged both men threw stones through windows at Clarehill, Clarecastle on October 29 (2012).

The cases of three men involved in an alleged assault at Ennis Courthouse on May 1 (2013) have also been adjourned to July 1.

Simon McDonagh Jnr (18) and Edward McDonagh (33) are both charged with assaulting Shane O’Donoghue. Both men are also charged with engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace. Shane O’Donoghue (18), with an address at an unofficial halting site, Cragroe, Tulla, is charged with assault of Edward McDonagh.

He is further charged with engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace.

Alan O’Donoghue (20), with an address at 18, Old Forge, Tulla and Shane O’Donoghue (18) face a charge of criminal damage arising out of an alleged incident at 18 Davitt Terrace, Ennis on September 22 (2012).

It is alleged that Shane O’Donoghue and Alan O’Donoghue did without lawful excuse damage a motorcar.

Shane and Alan O’Donoghue are also alleged to have damaged a Silver Ford Focus at 7 Aonach an Chláir, Clarecastle on March 2 (2013).

Shane O’Donoghue is charged with breaking the front windows of 7 Aonach an Chláir and damaging a Ford Focus car on October 26 (2012).

He is also charged with criminal damage at 18 Davitt Terrace, Cloughleigh, Ennis on March 2 (2013).

Shane O’Donoghue is further charged with unlawful possession of a slash-hook at 7 Aonach an Chláir, Clarecastle on March 2 (2013). All cases are due to be contested.

All accused appeared before Ennis District Court on Wednesday.

Judge Patrick Durcan said if an application is made to vacate the hearing date he will refix matters to July 18. Judge Durcan added, “I am reluctant to move around the hearing date.”

A MAN has appeared in court charged with assaulting a garda in North Clare earlier this year.

Paddy Harty (40), with a former address at Lisheen Park, Partrickswell, Limerick, appeared at Ennis District Court on Wednesday.

It is alleged that Mr Harty assaulted Garda David Keneally at Roughan, Kilnaboy on February 8 (2013).

He is further charged with possession of two stolen handbags at Roughan, Kilnaboy, on February 8 (2013). The court heard that a charge of illegal trespass was withdrawn against the accused.

Sgt Siobhan Redpath of Ennistymon Garda Station gave evidence of arrest, charge and caution in respect of the assault charge.

The court heard that in response to charge after caution, Mr Harty said, “I was drunk guard. I apologise. I didn’t mean to do it.”

Evidence of arrest, charge and caution in respect of the second charge was given by Garda David Keneally of Ennistymon Garda Station.

Garda Keneally told the court that in reply to charge after caution, Mr Harty said, “I did not know those handbags were stolen. The car was open all day and I was drinking. There was another man with me.”

The court heard that the DPP directs summary disposal of the cases. Judge Patrick Durcan accepted jurisdiction.

A legal aid application from solicitor Fiona Hehir was approved. Mr Harty, who is described as of no fixed abode, was remanded on bail to appear again in court on July 28.

HEAVY drug use led one young Ennis man from a life in college to searching for food in a wheelie bin, a court has heard.

Evan McCormack (29) developed serious mental health problems from smoking an extremely potent form of cannabis, Ennis District Court was told on Wednesday.

Mr McCormack appeared in court charged with intoxication at Roslevan, Tulla Road, Ennis on April 6 (2013). He has previously pleaded guilty to shoplifting offences committed in Dunnes Stores Ennis in August 2012.

Mr McCormack, with addresses at 38 Maiville, Kilrush Road, Ennis and 28 Castlerock, Tulla Road, Ennis, appeared before Ennis District Court on Wednesday. Defence solicitor Daragh Hassett told the court that sentencing had been adjourned on condition that Mr McCormack be of good behaviour.

Judge Patrick Durcan enquired if Mr McCormack was the same man he had previously been told had gone from studying in college to searching bins for food to survive.

Mr Hassett said he was, adding that Mr McCormack developed an extreme bi-polar disorder from smoking an extremely strong form of cannabis known as ‘skunk’.

Mr Hassett said his client had “es- sentially fried his brain” from smoking cannabis.

The court heard Mr McCormack is currently serving a sentence imposed at Galway District Court.

Judge Durcan said he was conscious that Mr McCormack had tried to address his problems “but had fallen.”

He said he did not penalise people who made such efforts.

The case was adjourned until July 24 for a report from the Probation and Welfare Services.

A VIGILANTE painter has struck at Clare’s most dangerous traffic junction, with a zebra crossing being painted at the notorious Blake’s Corner in Ennistymon.

The zebra crossing was painted in the early hours of last Tuesday morning, May 21, on the Lahinch side of dangerous junction. The identity of the vigilante painter is unknown, but some local people have started using the new zebra crossing.

Blake’s Corner has been the site of ongoing difficulty for Clare County Council, who have had to shelf long-awaited plans to create a new traffic flow system at the junction. Local group, Saving Ennistymon Heritage, opposed the new junction on the ground that two listed building, known as Blake’s and Linnane’s, would have to be demolished as part of the joint National Roads Authority (NRA)/Clare County Council project.

The process has been stalled for the last two years as Clare County Council have been unable to secure funding from the NRA to complete an Environmental Impact Statement (EIS) for the proposed development. More than two million people use the tiny junction every year to access the Cliffs of Moher and Lahinch beach.

Council engineer, Tony Neville, yesterday describe the vigilante action as a “dig” against the council.

“We have to take it out. It is emulsion so white spirits won’t take it out. We are scrubbing it at the moment,” he said.

“It is a bit of a dig. We have to condemn it and to note that is dangerous. People are using it and it is causing confusion. If anyone has information we would urge them to contact the gardaí.”

Local councillor Joe Arkins (FG) said that the action was a direct prompt from the local community aimed at the council.

“The community are prompting us to take on certain works here. We have a real problem there [Blake’s Corner] and the sooner we can apply outselves to solving this the better,” he said.

In an official statement yesterday Clare County Council urged local people to forward any information on the new crossing to the Gardaí.

“We will be removing the zebra crossing as soon as possible. If any member of the general public is aware of the identity of the person or persons who did this, they should report it to the Ennistymon Area Office or directly to the gardaí. Unauthorised surface markings can cause confusion for road users and can be hazardous for both pedestrians and motorists,” said senior engineer Tom Tiernan.

ENNIS Town Council says it has “serious concerns” that development bonds valued at € 1.5 million have been left unsecured following the Government’s decision to wind up the former Anglo Irish Bank.

A report on unfinished estates in Ennis states that the council “could not afford the cost of completing estates which are the responsibility of the developer or financial institution (or their successor) that hold the bond commitments”.

A full team of three staff has been allocated by the council to deal with the issue of unfinished estates in Ennis.

In a report to councillors, Town Clerk Leonard Cleary says the issues relating to unfinished estates is “absorbing significant local authority management time”.

The report acknowledges that many homeowners “experience frustration and disappointment” when estates are not complete.

Mr Cleary states, “In many instances, developers are still in a position to trade, but have been slow to fulfill their responsibilities to complete their estates. This is unacceptable.

The report states that there are currently 27 developments that remain incomplete within the urban area of Ennis.

Category 1 developments are those with bonds with held by IBRC and Ulster Bank and / or referred to the council’s legal team; Category 2 developments are progressing in conjunction with developer or bondholder; Category 3 developments are not progressing with little or no activity on site.

Since 2010, Ennis Town Council has taken in charge 11 housing developments including three – Glean na Coille, Claureen, Drumbiggle Drive and An tSean Dún, Tulla Road – in 2013. Eight category 2 developments are proceeding satisfactorily and are on target for taking in charge by either the council or management company.

Mr Cleary states that the pursuit of uncooperative developers through legal channels is required in several situations.

He adds, “The council is cognisant of the public purse when pursuing a legal course of action in an unfinished estate. The view from operations experiences is that if appropriate the best first action of the council to achieve a satisfactory resolution for residents and citizens of Ennis is with the active assistance and cooperation of the developer or those now responsible for the development in the absence of developer fulfilling his/ her responsibilities. The presence of receivers, liquidators NAMA etc has complicated matters even further but is a reality of the current economic circumstances of the building industry. When the above approach does not receive the required response in terms of estate completion, the council has no hesitation in discharging its regulatory role through Court proceedings.”

A DISTRICT court judge labelled the atmosphere in a small West Clare community “septic”, as he fined a father of two € 750 for assaulting and injuring the local school principal.

Martin Tubridy (55), Quarry Vale, Mounthshannon, Labasheeda, had been found guilty of assault causing harm to Liam Woulfe at Labasheeda National School on December 9, 2011, during a court hearing on January 20, 2013.

School principal Mr Woulfe suffered a bloodied nose, black eye and dislodged tooth during the after school attack.

At Kilrush District Court Judge Patrick Durcan said evidence had been given that Mr Tubridy had driven to the school on the afternoon in question.

Mr Woulfe was meeting with another parent, when Mr Tubridy walked up the steps of the school to deal with a matter regarding his eight-year-old son.

Mr Woulfe told the accused that he would speak to him later as he was dealing with another parent, and Mr Tubridy struck him in the face.

Caroline O’Shea the parent, who had been in the classroom meeting Mr Woulfe, had told the court the Mr Woulfe recoiled back over the door in shock. Mr Tubridy then left.

Mr Tubridy’s solicitor had challenged Ms O’Shea and said could not have seen the assault from where she was.

Mr Woulfe, who has been principal at the school for 17 years, said that he had never had to deal with a parent in such an aggressive manner.

At Tuesday’s sitting of the court solicitor for the defence Fiona Hehir said that the publicity of the case had taken its toll on her client and that he had left employment due to depression.

“He fears the publicity on this court will affect his chances of getting work,” she said.

Ms Hehir handed in character references from Thomas Linnane, the charity Second Chance Rescue, Shannon Gael’s GAA Ladies Club and a private reference from parish priest Fr John Kelly. Fr Kelly’s reference was not on behalf of the board of management, the court was told.

A list of charity work carried out by Mr Tubridy was also submitted.

“I am satisfied on review of evidence as I was on January 20, 2013, that Mr Martin James Tubridy assaulted Liam Woulfe,” said Judge Durcan.

He said that he had adjourned the case for a lengthy period aware of the impact the case could have on a small community like Labasheeda.

He said he was conscious that this was a special community, where resources were scarce and small schools, like the two-teacher school in Labasheeda, are under threat.

He then referenced a Department of Education report carried out on June 30, 2012, that showed 89 per cent of parents said their children felt safe in the school.

He said he was not satisfied that any steps had been taken however to rectify the issue outside of the court.

“There is a septic atmosphere out in Labasheeda that needs to be addressed,” he said.

“I am dealing with what happened on December 9, 2011.”

He said he was satisfied that the references showed Mr Tubridy was a “committed” man that did work for charity.

The judge added that this did not get away from the fact that the defendant walked into the school and hit the school principal.

“The assault on a school principal in a small community is a very serious matter,” he said, describing the school principal as a leader in the community.

He sentenced Mr Tubridy, who had no previous convictions to pay a fine of € 750.

Mr Tubridy had previously been ordered to pay € 400 compensation to Mr Woulfe and Ms O’Shea.

HE’S lost over 13 stone; he’s completed four marathons and counting, raising money for charity en route, but for Darren Kelly that’s not enough – there’s more as he takes to the skies this weekend for his latest exploit.

The 26-year-old Ennisman is going to Galway, along with up to 20 more Clare Crusaders, for a fundraising sky dive in aid of the Barefield-based charity for children with special needs.

“There was a group doing the sky dive for the Crusaders, so I decided to give it a go,” Kelly told The Clare People about his latest adventure since losing nearly half his body weight over the past 18 months.

“In January of last year I joined Weight Watchers and it started there. I put an awful lot of emphasis on exercise and started exercising every day of the week.

“The hardest thing was to start and trying to keep going. I was always swimming, but I wasn’t put the huge amount of effort that was needed. My sister was getting married last year and I set myself the target of getting down a couple of stone by the time she got married. That was a good target to set – then I set another target and aimed for that it went on from there,” he added.

His progress can be measured, not only in his weight loss, but also by his marathon times since first taking on the 26 miles 385 yards test in October 2010.

“I walked my first two marathons,” he revealed. “The first year I did the Dublin Marathon in nine hours and then the following year in nine and a half hours, but after really starting training in 2012 I’ve ran the last two, breaking five hours in Dublin last year and doing the Limerick Marathon in 4:42 a few weeks ago. I was delighted with that.

“I also did White Collar boxing for the Crusaders last year – it was all part of setting targets for losing weight and I’ve now lost over 13 stone and am now about 15 stone 12. There is great enjoyment reaching your targets. The more you do it the more it becomes a habit,” he added.

As for his latest adventure, which is quite literally a leap of faith, the affable Kelly is taking it in his stride. “We will go up on the day – you’re tied on to somebody up to 10,000 feet and weather permitting we’ll jump,” he said. “We have set ourselves a target of raising € 250 each. I’m doing a raffle of a signed Munster jersey, an Irish soccer jersey and a Clare jersey,” he added.

IN THE last three years the Loophead peninsula has gone from one of West Clare’s best kept secrets, to attracting thousands of visitors every year and being shortlisted as one of the top five places in Ireland to visit.

Much of the credit for the prominence of the Loop has been attributed to the local community who is working hard to promote the area and the opening of the lighthouse as a tourist attraction during the summer of 2011.

The numbers of tourists visiting the lighthouse has increased steadily since, and figures release yesterday (Monday) shows that despite the inclement weather conditions of the past two months, more than 2,000 tourists passed through its doors.

That is an average of 250 people every weekend.

The 19th century lighthouse’s opening hours will be extended to weekdays from the June bank holiday weekend and will remain open up to the end of September, attracting even more tourists.

The speculation of a local ghost is also adding to the mystery at the westerly lighthouse, with modern day ghost busters currently writing up a report of their findings in the historical building.

And the peninsula has been shortlisted in the last number of days as one of the five finalists in the The Irish Times Best Place to Holiday in Ireland competition.

For the competition – which has been running since March – members of the public were invited to nominate the places they love to holiday. The shortlist features three remote areas of natural beauty: the Glen of Aherlow, Co Tipperary; Inishbofin island, Co Galway; and Loop Head peninsula, alongside Derry city and Killarney, Co Kerry.

The Mayor of Clare, Cllr Pat Daly, congratulated the people of Loop head and said;

“The fact that Loophead has made the shortlist from an entry list of more than 1,400 destinations throughout Ireland is testament to the quality of the tourism product on offer. A huge amount of work is being carried out by local community groups, supported by Clare local authorities, to promote the peninsula as a visitor destination to both domestic and international tourists.”

understand that Mr Daly will be involved in the publicity for the event but it is not yet clear if he will be actively matchmaking during the weekend. For more visit www.theouting.ie.