Month: October 2013

A FORMER air-hostess who repeatedly breached a protection order sought by her former boyfriend has been warned that the courts are not a crèche.

Siobhan Downes (34), with an address at Childer’s Road, Ennis appeared in Ennis District Court last week charged with breaching the order on October 3.

Last month, Ms Downes avoided a jail sentence after pleading guilty to six separate breaches of a protec- tion order originally imposed by the court in February.

At the time, the court heard Ms Downes’ former boyfriend secured the order after the breakdown of the couple’s relationship.

In court last month, Judge Patrick Durcan said that Ms Downes had been unable to get over her infatuation with the man resulting in the successive breaches.

He said he would not impose a custodial sentence on condition that Ms Downes attend for regular psychiatric treatment. On Wednesday, the court heard Ms Downes had spent the past 10 days in custody after being arrested for the latest alleged breach.

Defence solicitor Turlough Herbert asked Judge Durcan to reduce his client’s bail terms from a cash lodgment of € 2000 to € 1000.

Inspector Michael Gallagher opposed the application. “This is a very serious case. I’d be loathed to accede to that request”, he said.

Judge Patrick Durcan said he had sympathy for Ms Downes, noting she has a very serious psychiatric illness. He said the court has the greatest sympathy for Ms Downes but must also protect the injured party. The court heard the man has now left the jurisdiction.

Judge Durcan reduced the terms of the independent surety required for bail to € 1000. Ms Downes was remanded in custody with consent to bail to appear again in court tomorrow (October 23).

Judge Durcan warned that if Ms Downes breached the agreement again he would deal with the matter. “This court doesn’t run a crèche for middle aged people”, he added.

A BOOK of Evidence is due to be served next month on a 70 year-old man accused of rape.

The man, who cannot be named for legal reasons, made his second appearance at Ennis District Court on Wednesday.

He is charged with three counts of raping and two counts of sexual assaulting a male.

The alleged offences are alleged to have taken place on dates unknown between January 1999 and September 2000.

In September, the court heard that in response to one of the rape charges, the accused said;

“That’s totally untrue.

“That never happened or with anyone else.”

In response to another rape charge, he said; “Totally deny that one.”

In response to the third allegation of rape, the man said, “Totally deny that also.”

On Wednesday, defence solicitor John Casey told the court the State had indicated the book of evidence would be ready in two weeks.

Judge Patrick Durcan remanded the accused in custody to appear again at Ennis District Court on November 6.

Reporting restrictions have been placed on the case.

THREE members of the same family charged over a row that occurred in the grounds of Ennis Courthouse earlier this year will be sentenced next month.

Adjourning sentence at Ennis District Court last week, Judge Patrick Durcan said, “It’s just the gross lack of regard for law and order is what troubles me.”

His comments came as a solicitor admitted there were times this year when legal practitioners feared for their safety due to a spate of disturbances.

Details of a public order incident were heard at Ennis District Court on Wednesday where Michael Molloy (19) and sisters Laura Molloy (22) and Rose Mahon (23), all with addresses at Bay 2 Ballaghboy Halting Site, Quin Road, Ennis pleaded guilty to engaging in threatening and / or abusive behaviour with intent to provoke a breach of the peace at Ennis Courthouse on June 19.

Laura Molloy and Rose Mahon also pleaded guilty to failing to comply with the directions of garda.

Inspector Michael Gallagher told the court the altercation developed when two groups of people met in the grounds of the Courthouse on a day of scheduled sitting of Ennis District Court.

Defence solicitor Daragh Hassett said Michael Molloy was pursued into the courtroom by a woman who “read him chapter and verse.”

The court heard Laura Molloy then received a phone call from the woman who told her she wished to make peace. A large number of people then gathered outside the Courthouse where a dispute developed.

“Not only was there no peace talks but war had been embarked upon” explained Mr Hassett.

Mr Hassett said there had been a period in the first half of the year when the Courthouse had been the venue for a number of rows and dis turbances. However he told Judge Durcan there had been a significant improvement in recent months.

“There was a period in here, two months, where you would fear for your safety,” he added. Mr Hassett said his clients wished to apologise profusely to the gardaí and court. Judge Durcan said it is important that people can come into the court and not observe “wild west lawlessness”.

He said it was his job to ensure respect is maintained and given.

He said this was a most serious offence and he required time to consider sentence. The case was adjourned to November 6.

A DECISION on bail for a 78 yearold man charged with rape and indecent assault is due to be made at Ennis District Court tomorrow.

The man is facing 24 counts of indecent assault and one count of rape contrary to the Offences Against The Person Act 1861. It is alleged the alleged offences were committed between 1971 and 1980 in areas of Clare.

The man is currently in custody on remand following a bail application at Ennis District Court Wednesday.

The court heard the man denies all charges and intends to contest the case fully. He was originally brought before the court on Thursday, October 10.

On Wednesday, defence solicitor John Casey told the court his client was applying for bail. Inspector Michael Gallagher said the State strongly objected to bail for the man, who was described in court as a Jehovah’s Witness.

Detective Garda Donal Corkery told the court gardaí objected to bail on a number of grounds including the seriousness of the charges and their belief the accused is a flight risk. The court heard the man has lived in a number of countries around the world. Det Corkery said he believed the accused would leave the jurisdiction if granted bail.

The accused’s wife told the court the couple intend to remain in Ireland for the duration of legal proceedings. The man told the court he has no reason to leave the country. “I’ve no intention of running. I’m going to face these charges,” he said.

Judge Patrick Durcan said he was reserving judgment on bail to tomorrow. The man was remanded in custody to appear again at Ennis District Court on Wednesday, October 23. Reporting restrictions have been placed on the case.

TWO men stole used cooking oil from a hotel in Ennis to use as fuel for their cars, a court has heard.

Lithuanian nationals Linas Mitkus (40) and Gedminuas Paskauskas (33) stole € 56 worth of used cooking oil from the rear of the Old Ground Hotel on April 18. Both men pleaded guilty at Ennis District Court on Wednesday to the theft of burnt oil the property of Frylite Ltd.

Inspector Michael Gallagher told the court a white van belonging to one of the men was captured on CCTV on the day. He said the men admitted the theft but told gardaí they thought it was waste oil.

The court heard Frylite Ltd, the company who supply cooking oil to the hotel, take away the used product oil to sell as biofuel.

Mr Mitkus, with an address at Tirellan Heights, Headford Road, Galway, and Mr Paskauskas, with an address Lana An Bhaile, Ballymore Lane, Craughwell, Galway, have no previous convictions.

Defence solicitor Daragh Hassett told the court his clients collect waste cooking oil as they have interest in recycling oil.

He said they took the oil for personal use and had brought € 56 compensation to court. The court heard both men have cars that run on biodegradable oil.

Judge Patrick Durcan said this was a serious offence and people do not have the right to enter private property and take goods.

“The hotel proprietor is entitled to believe that what is left there (premises) isn’t moved around and is protected,” he added.

He said the men’s early guilty pleas meant the State did not face any extra expense or burden. He said both men were non-nationals who had lived in Ireland for a long period and had clear records.

Both accused were ordered to pay € 200 to the court poor box. Judge Durcan said he did not want to criminalise the men.

A MAN
charged with the burgalry of a historic mansion in Killaloe has been further remanded in custody. Jeffrey Lee (41), with an address at Cosgrave Park, Moyross, Limerick, appeared before Ennis District Court onWednesday. He is charged with enteringTinarana House as a trespasser on dates between August 17 and September 24 and committing theft therein. Inspector Michael Gallagher sought to have the accused remanded in custody to November 6 to allowthe Director of Public Prosecutions (DPP) to issue directions. Defence solicitor Tara Godrey consented to the remand.Tinarana House is the home of Gary McNamara and his wife, Michelle. He is the son of Dolores McNamara, the Limerick woman who won €115min the Euromillions lottery drawin 2005.The mansion is located on 270 acres on the shores of Lough Derg.Tinarana was previously owned by Dr Paschal Carmody and his wife, Dr Frieda Carmody.

A 17- year
-old boy has been in court charged in connection with a large drugs seizure in Ennis last year.The boy, who cannot be named for legal reasons, appeared at Ennis District Court on Wednesday. He is charged with possession of cannabis and possession of cannabis for sale or supply in the Kilrush Road area of Ennis in March 2012. Inspector Michael Gallagher told the court the drugs have an estimated value of €12,800. He said the Director of Public Prosecutions (DPP) had directed trial on indictment and that a book of evidence will be prepared.The case was adjourned to November 13 for service of the book of evidence. A JUDGE has refused jurisdiction of a case where a man suffered a fractured jaw in an alleged assault at a fast food restaurant in Shannon earlier this year. At Ennis District Court on Wednesday, Judge Patrick Durcan said he made the decision, as the injuries are “very serious.” Details of the alleged assault at Supermacs were heard at Ennis District Court on Wednesday. Josh Vincent (20), with an address at Finian Park, Shannon, is charged with assault causing harm in Shannon town centre on May 26. The case was adjourned previously for the production of a medical report on the alleged victim. Inspector Michael Gallagher told the court it would be alleged Mr Vincent was involved in a brief altercation with a man in a Shannon nightclub. He said the pair met again in Supermacs that night where it is alleged the accused punched the man in the head. The court heard the alleged victim suffered a fractured jaw and had four screws inserted into his gum as part of the treatment. Insp Gallagher said the man was left unconscious for 20 seconds following the alleged assault. After reading details of the medical report, Judge Durcan refused jurisdiction. Mr Vincent was remanded on continuing bail to appear again at Ennis District Court on November 13. A book of evidence is due to ready by that date.

A BOOK of evidence is due to be served next month on a 48-year-old man charged with possession of child pornography.

The man, who cannot be named by order of the court, made his second appearance at Ennis District Court on Wednesday.

It is alleged that the man, on dates unknown in September 2009 in an area of Clare, did knowingly have in his possession child pornography, to wit, five images of a child under the age of 17, engaged in illicit sexual activity or witness to illicit sexual activity.

Inspector Michael Gallagher told the court the book of evidence was not ready and the State required a further four weeks.

Judge Patrick Durcan granted an extension of time for service of the book of evidence.

Defence solicitor Daragh Hassett applied for reporting restrictions previously placed on the case to continue to apply. Last month, Judge Durcan approved a defence application for the identity of the accused, his address and the location of the alleged offence not to be reported on.

On Wednesday, Judge Durcan said reporting restrictions still apply to the case.

The man was remanded on continuing bail to appear again at Ennis District Court on November 13.

HIP replacement patients from County Clare gathered in the Old Ground Hotel yesterday (Monday) to hear from a law firm that is taking a group action against the firm that manufactured their faulty hip implant.

Personal injuries law firm Peter McDonnell and Associates are already representing 30 Clare patients who received a hip manufactured by De Puy ASR, a subsidiary of Johnson and Johnson, between 2003 and 2010.

In 2006 the company ceased to sell any more of the implants in America, but continued to import them into Ireland and Europe.

On August 24, 2010 there was a worldwide recall on the hip implants, with patients reporting side affects from the prosthetic.

The implant was constructed of metal, and those with the implants are now subjected to on-going blood tests and scans amid fears of cobalt poisoning. Those that are found to have a high level of cobalt in their blood are then advised to have the DePuy hip removed and replaced with an alternative.

Mr McDonnell said that while to date DePuy has paid for the replacement costs of removing the hip, after care for patients, scans, blood tests and other associated costs, patients must take a case to cover any costs resulting to further damage as a result of metal poisoning.

The legal firm behind the suit un- derstands there are 170 more Clare people affected by the faulty implant and have advised them that it is not too late join the civil action.

DePuy ordered a recall of the medical device in 2010.

One woman from Kilrush who attended yesterday’s meeting, and did not wish to be named, said she was very worried.

In February 2009 she received her DePuy hip replacement, but after the operation suffered great discomfort.

In October that year, the surgeon operated on her hip again in a bid to fix the problem.

“That was two in the afternoon, at one that night I was back in surgery and had to have the whole thing replaced,” she said.

As it was 2009 she once again received a metal hip replacement and is now concerned about the longterm affect.

“I have had the blood tests but I never got the results, and my doctor can’t read them. I am worried,” she said.

Mr McDonnell said that the reading of the blood tests differ greatly from America to the British reading used in Ireland and can lead to a lot of confusion even among the medical profession.

The Kilrush lady said she was now considering yet another surgery, and would be looking for more blood tests and scans.

As there are no class actions each person must file an individual claim, according to the law firm.

When it is over a per centage of the claim is paid in fee to the firm.

MANAGEMENT at Dromoland Castle have laughed off suggestions that the Australian International Rules Team’s partying got out of control during the early hours of yesterday morning (Monday).

The team stayed in the five-star County Clare hotel on Sunday and Monday night following their defeat to Ireland on Saturday.

Australian media had reported that the professional Aussie Rules players were reprimanded by team management following a drunken night out and follow-up party in one of the rooms of the castle.

Fiona Gielty, Group Sales Manager with Dromoland Castle, laughed off any suggestions that the players had caused a serious disturbance the night before.

“It was nothing, not even worth commenting on,” she said.

Australian website and newspaper, ‘The Age’, reported that the drunken night out at a Limerick night club was followed by players retiring to one of the players room to party.

“Hotel staff asked the hard-partying players to turn down their music about 5am, before having to return 15 minutes later to again insist they desist from making noise. A vase was heard smashing, with others in the building woken up,” according to the report.

The Australian players were then hauled before team management after breakfast on Monday and “reminded of their responsibilities to an International rules series”.

The Australian Football League have also insisted the incident was not a major one.

The Australian team members had made the long bus journey from Cavan to Dromoland Castle on Sunday, following their 57-35 defeat to Ireland in the first test of the 2013 International Rules Series at Breffni Park, Cavan.

THE HSE has paid tribute to the staff at Ennis Hospital following the hospital’s most successful HIQA report to date.

Dr Con Cronin, Clinical Director for Medicine at the University Hospitals, said the hospital would also be addressing any of the deficits highlighted in the overall positive report.

“I would like to thank the staff of Ennis for their commitment to the hand hygiene programme and welcome the positive report from HIQA. We are committed to improving patient safety and the environment for patients and the report identified evidence of good practice in Ennis Hospital. We are implementing our action plan to address the deficits identified and build on the areas where we have demonstrated good practice,” he said.

“The Hospital Group recognises the importance of hand hygiene and its significant role in infection control prevention and has been working to improve hand hygiene compliance.

“Ennis Hospital provides hand hygiene training to all staff, this is mandatory training and repeated frequently. Unannounced hand hygiene audits by senior clinical staff within the UL hospitals are carried out to ensure that compliance and training is prioritised. The hospital is implementing an action plan to address any deficits identified and to build on the areas where good practice has been demonstrated,” he concluded.

ENNIS Hospital has finally received a clean bill of health from the health watchdog HIQA.

Following years of reports outly ing dangers to patients health and indeed life, the County Clare hospital was hailed the cleanest and safest in the country on Thursday when the Health Information and Quality Authority.

The unannounced inspection was refined to the new hospital extension, with its two wards the Burren Ward and Fergus Ward, inspected.

“Overall, both areas assessed in Ennis Hospital were very clean with very few exceptions,” the report said of the state of the art single-room wards officially opened by Minister for Health James Reilly in April.

“The risk of the spread of Healthcare Associated Infections (HCAIs) is reduced when the physical environment and equipment can be readily cleaned and decontaminated. It is therefore important that the physical environment and equipment is planned, provided and maintained to maximise patient safety.”

The inspectors found this to be the case in the multi-million euro building it demanded in a previous damming report.

When it visited the hospital on September 4 for the most recent report it found that it was one of the cleanest in the country although there were a few minor issues relating to the standards set to control hospital infections. These included one finding of dirt on a door joint but mostly related to inadequate signage in certain parts of the wards.

Hand hygiene was criticized in the region’s maternity hospital in the last set of hospital reports, but Ennis Hospital was found to be following HIQA protocol.

“Hand hygiene is recognised internationally as the single most important preventative measure in the transmission of HCAIs in healthcare services. It is essential that a culture of hand hygiene practice is embedded in every service at all levels,” the inspector said.

“Ennis Hospital must now develop a quality improvement plan (QIP) that prioritises the improvements necessary to fully comply with the National Standards for the Prevention and Control of Healthcare Associated Infections.

“This QIP must be approved by the service provider’s identified individual who has overall executive accountability, responsibility and authority for the delivery of high quality, safe and reliable services. The QIP must be published by the hospital on its website within six weeks of the date of publication of this report.”

However, the good news at Ennis wasn’t replicated in four other hospitals including Nenagh, which is also in the University Limerick Hospital Group.

A litany of problems at the Tipperary hospital means a follow-up inspection is required within six months, while the Mater Hospital was told that “many improvements were required” within the same time frame.

There were also risks to patients from infections discovered at St Vincent’s and Tallaght hospitals in Dublin because of unclean environments in wards.