Month: October 2013

A 22 YEAR-old man who used a catapult to break car windows in Newmarket on Fergus earlier this year has been ordered to personally apologise to the injured parties.

Joe Conroy smashed car windows in the Island View, Ennis Road and Glen an Aifreann areas of Newmarket on May 19, Ennis District Court heard on Wednesday. Inspector Tom Kennedy told the court that the accused used a catapult and marbles to cause € 705 worth of damage to three cars.

The court heard Mr Conroy had not paid compensation to the owners. Mr Conroy, with an address at The Island, Cratloe, pleaded guilty to three charges of criminal damage.

Defence solicitor Jenny Fitzgibbon told the court that her client had been under “severe pressure” in his personal life at the time the offences were committed. She said Mr Conroy acted “very stupidly” on the day.

“He didn’t hold back. He admitted his culpability. He admitted his stupidity”, she added. The court heard Mr Conroy worked as a metal fabricator after leaving school. Judge Patrick Durcan said his first priority was for Mr Conroy to pay compensation and show remorse.

“There will be a conviction in this matter but the issue is whether there will be a prison sentence,” he added.

Adjourning the case to January 8 (2014) for review, Judge Durcan said he expected Mr Conroy to have half of the compensation paid to the car owners by that date.

“I also want to be satisfied that he makes contact, personally, with the three injured parties”, he added.

A MAN who burned down his former home in Kilrush in an attempt to secure a new house for his mother has received an 18-month sentence.

Martin Blunnie (24) was “very disgruntled” with the local authority for not giving his mother Adrienne Simmons (56) after the area they lived fell into dereliction and disrepair.

The family set fire to their then home at 3 Beechpark in the John Paul Estate on March 15 (2012).

Passing sentence at Ennis Circuit Criminal Court on Thursday, Judge Gerard Keys said the family made frequent requests to move from the estate where houses were boarded up and abandoned.

He said nobody irrespective of their background or means should be expected to live in houses of such poor condition.

However Judge Keys added the poor condition of the house wasº no justification of the family’s actions.

“I can understand your reaction but it cannot be justified”, he said.

Martin Blunnie and Adrienne Sim mons were drinking and became involved in a row with a local authority litter warden on the morning of the blaze due to a complaint over rubbish.

The court heard the Fire Services were called later in the day after smoke was seen coming from the windows.

Martin Blunnie was arrested and admitted to gardaí that he started the fire deliberately. Both he and Ms Simmons pleaded guilty to arson.

The court heard the family’s house had fallen into disrepair and was surrounded by derelict and boarded up properties.

Counsel for the DPP, Stephen Coughlan BL said, “He became indignant and set the house on fire with the view of getting new accommodation.” Mr Blunnie has 25 previous convictions.

The court heard that areas of the John Paul Estate have undergone regeneration. Ms Simmons has since moved to new rented accommodation.

On Thursday, Judge Keys said the family’s actions were not life threatening as the adjoining houses were abandoned and scheduled for demolition.

The court heard Martin Blunnie endured a chaotic childhood due to drink and drug problems.

“It is clear that Martin Blunnie was the main instigator and your mother went along with the actions,” added Judge Keys.

He sentenced Mr Blunnie to two years in prison but suspended the final six months.

Judge Keys said Ms Simmons had lived a tragic life and there would be no benefit to society by sending her to prison. He imposed a suspended sentence. A MA N who insulted and verbally abused a Judge in a foul-mouthed tirade at Ennis Courthouse last month has been advised to keep his cool. Jimmy Doherty (40) vented his fury at the outcome of a case by roaring obscenities at Judge Patrick Durcan in Ennis District Court on September 24. Mr Doherty, with an address at Maiville, Kilrush Road, Ennis was arrested and charged with engaging in threatening and insulting behaviour with intent to provoke a breach of the peace. OnWednesday, Mr Doherty pleaded guilty to the public order charge. Defence solicitor John Casey told the court his client wished to apologise for his behaviour on the day.“This was a time when he was under a lot of pressure,” explained Mr Casey. Inspector TomKennedy said he was “very surprised” to learn of Mr Doherty’s outburst. Speaking in court Mr Doherty said,“Your honour I’mvery sorry to you and I apologise to the court”. Judge Patrick Durcan said he accepted Mr Doherty’s apology.“I believe people should showrespect to one another. Mr Doherty, keep the cool inside the courthouse and outside the courthouse.” Judge Durcan struck out the charge against Mr Doherty. A T EEN A GER who was ordered to make a toolbox for his solicitor has been told he could have good career in woodwork. In July, Judge Patrick Durcan said he was making the order because it was obvious the boy had “natural gift” for woodwork.The 18 year old, who was a minor when it is alleged he committed a drugs offence, previously made a wooden toolbox as part of his involvement with the Probation Services. After reading a probation report, Judge Durcan commended the boy on his workmanship. He ordered that the teenager produce a similar itemfor his solicitor,Tara Godfrey, so she could use it while gardening. Judge Durcan said he wanted the boy to apply himself to something he is good at. “Here we have a young man that has a natural gift and I want to see himdevelop that gift,” he added. The case was adjourned to last Wednesday to allowthe teenager time to make the box. Solicitor Tara Godfrey brought the toolbox into court.“I’mvery happy with my gift. It’s fit for purpose,” she told the court. Judge Patrick Durcan congratulated the teenager on the“beautifully made” toolbox.“In my viewthat is a saleable item,” he said. “I’ll be looking out for ads in Clare newspapers as to where you’ll be selling these,” added Judge Durcan. A Probation Officer told the court that they would recommend the boy for an employment linkage programme. Inspector TomKennedy said no newissues had arisen with the accused. Judge Durcan struck out the charge against the teenager. A W ES T Clare man who caused a head on collision after overtaking on a bend near Lissycasey last year has been disqualified fromholding a license for two years. Gary Sullivan (19) was driving to Kilkee when he attempted to overtake a car on a continous white line near Caherea on NewYear’s Eve, Ennis District Court heard onWednesday. Mr Sullivan’s car collided with another car traveling in the opposite direction. No one was injured in the crash. Inspector TomKennedy told the court that Mr Sullivan made a “huge error of judgment.” Mr Sullivan, with an address at Marian Estate, Kilkee, pleaded guilty to dangerous driving an failing to have insurance.A request to reduce the charge to one of careless driving was not accepted by the court. Defence solicitor Fiona Hehir told the court her client swapped his old car for a new one in Clonmel on the night in question. She said Mr Sullivan had not yet transferred his insurance across to the newcar when the accident occurred. Ms Hehir said Mr Sullivan acted in a very mature manner in the aftermath of the accident.“He wrote a letter of apology to the family involved”, she added. The court heard Mr Sullivan hopes to travel abroad. Judge Patrick Durcan imposed fines totaling €750 and disqualified Mr Sullivan fromholding a driver’s license for two years.

A TOURIST who almost lost his sight in a “brutal” unprovoked New Year’s Day assault after coming to the aid of a woman in Ennistymon has been praised for his “gallantry”.

Dublin man Richard Mullen and his wife were returning to their holiday home in the early hours of January 1 when they came across a “young woman pinned to the ground by a thug” on Circular Road, Ennis District Court heard on Thursday.

Mr Mullen told the court he saw a young man standing over a woman with his hands over her throat. Mr Mullen said that after helping the woman to her feet, he received a blow to the head from William Donovan (20).

“I went down like a sack of spuds”, the 62-year-old recalled.

The court heard that after returning to Dublin, Mr Mullen received treatment for acute glaucoma caused by a swollen eye and almost lost his sight.

Passing sentence, Judge Patrick Durcan said he had never come across such a brutal assault in his time on the bench in Clare. He said Mr Mullen had required complex medical treatment to save his sight.

“He (Mr Mullen) was set upon in the most appalling, brutal and thuggish fashion,” said Judge Durcan who had considered refusing jurisdiction of the case.

Mr Donovan, with an address at Clancy Park, Ennis, pleaded guilty to assault causing harm and other offences including burglary at Wilsons’, O’Connell Street, Ennis on March 22 (2013).

He also pleaded guilty to stealing clothes, cash and a mobile phone from a man who had gone for a swim in Dough Beach, Lahinch on August 28.

Mr Donovan, a father of one, stole an Apple laptop, four Nikon cameras and € 87 from Wilson’s.

He also pleaded guilty to breaking the window and stealing a jacket from a Citroen Berlingo parked behind Wilson’s.

Detective Garda Claire O’Shaughnessy said CCTV footage and DNA evidence from blood found on the broken car window were used to identify Mr Donovan. She said Mr Donovan had not admitted breaking into Wilson’s

Another man has also been charged in connection with the burglary, the court heard.

Storeowner Richard Wilson recalled finding doors to his premises smashed open on the morning after the burglary. He told the court the burglary had an effect on he and his wife. “I was very conscious of security before but even more so now,” he added.

Mr Donovan has 42 previous convictions. On March 28 he committed a string of offences in Ennistymon and Lahinch that included the theft of two Jack Russell terriers.

Defence solicitor Tara Godfrey said her client apologises unreservedly to the victims of his crimes.

She said Mr Donovan had significant problems with drink and tablets in the early part of the year.

She said Mr Donovan had taken steps to address his problems and had cleaned up his act since March.

“I would ask the court to accept this is a man who has changed”, added Ms Godfrey.

Judge Durcan said the devastation Mr Donovan visited upon Wilson’s was akin to something you would see in war-torn Libya and Syria.

“He broke down doors and gates and smashed his way in the very worst John Wayne manner you’d see in the movies of the Wild West”, he added.

He imposed sentences totaling 14 months on Mr Donovan. Recognances were fixed in the event of an appeal.

A TEENAGER who stole € 1300 worth of goods from Clare businesses across an 11 month shoplifting spree has been warned she faces a rison sentence.

Roxanne Considine (19) stole goods including cosmetics, wine and a chicken roll from shops and pharmacies in Ennis and Clarecastle between November 2012 and September 2013. Ms Considine, with an address at Clarehill, Clarecastle, pleaded guilty to 14 theft charges, details of which were outlined at Ennis District Court on Wednesday. She has no previous convictions.

Inspector Tom Kennedy told the court that from a garda point of view, Ms Considine is a “bad thief.”

Defence solicitor Tara Godfrey told the court that her client was “subject to extreme neglect” as a child. She said Ms Considine stole to get money for cannabis, a drug to which she had been seriously addicted.

Ms Godfrey said her client was a bright woman who achieved her junior and leaving certificates.

Judge Patrick Durcan said that the accused had come from a “very sad and very difficult background” having suffered the deaths of her parents and younger brother.

Noting Ms Considine’s guilty pleas and willingness to deal with her addiction, Judge Durcan adjourned sentencing for a month. However he warned Ms Considine that she would receive a nine-month prison sentence of she re-offended in that time.

“She’s a bright young lady and she must take responsibility,” he added.

The case was adjourned for a month and Ms Considine was ordered to remain under the supervision of the Probation Services.

A JUDGE has ordered the dismantling of a cannabis grow-house in East Clare that was the subject of a garda raid two years ago.

Judge Gerard Keys made the order at Ennis Circuit Criminal Court as he adjourned sentencing of Bridgetown man Sean Mason.

Mr Mason (37) pleaded guilty to cultivation of cannabis without license after gardaí discovered a “purpose built” and “sophisticated” cannabis grow house at his home in Ballybrack, Bridgetown on October 29 2011.

Outlining details of the operation earlier this month, Garda Francis Brennan of Ennis Garda Station told the court the search uncovered incubators containing 72 young cannabis plants.

One building was fitted out with a tiled floor equipped with drains to take away water and ventilation and lighting systems.

Gardaí also discovered cannabis resin in a lunchbox and a black plastic bag containing cannabis off-cuts.

Mr Mason accepted responsibility for the cannabis growing operation and told gardaí he used the drug for medical reasons.

Garda Brennan said gardaí did not accept Mr Mason’s reason for growing cannabis.

Judge Keys adjourned sentencing to hear the Director of Public Prosecution’s (DPP) view on the seriousness of the offence.

On Thursday, Counsel for the DPP, Stephen Coughlan BL told the court that Mr Mason had grown cannabis for medical reasons.

He said there was no evidence this was part of an organised crime set up.

Adjourning sentence, Judge Keys ordered the complete dismantling of the areas of the premises altered for the growth of cannabis.

He said he wanted to ensure the building could not be used again for cultivating cannabis plants.

“I want it dismantled in such a way to satisfy gardaí that it cannot be used for the growth of cannabis,” he added.

The case was adjourned for mention to the final week of October.

A MAN who placed stone boulders across the main Ennis to Kilmaley road has been told his actions could have resulted in someone being killed.

The warning came at Ennis District Court on Wednesday at the sentencing of Eoin Kerin (28) who placed the boulders on the Kilmaley Road on November 23 (2011) after a night of drinking.

Last October, Mr Kerin, with an address at Beechpark, Ennis pleaded guilty to charges of criminal damage and intentionally placing a dangerous obstruction upon a road.

A van was damaged when it hit the rocks on the night. The case had been adjourned on a number of occasions and Mr Kerin appeared at Ennis District Court on Wednesday.

Outlining the facts of the case to Judge Patrick Durcan, Inspector Tom Kennedy said the van driver could not avoid the boulders. Gardaí were called and the boulders were cleared from the road.

However Insp Kennedy told the court the rocks and boulders were put back on the road within 15 minutes. Mr Kerin was spotted in a field near the road. He admitted the offences to gardaí.

“What he did was absolutely hugely dangerous”, said Insp Kennedy.

Defence solicitor Tara Godfrey told the court that her client had paid compensation to the injured party. She said there is a low risk of Mr Kerin re-offending.

Ms Godfrey urged the court to adjourn the case for a long period.

Judge Patrick Durcan said someone could have been killed as a result of what Mr Kerin did.

“It is a case that troubles me. It is a serious matter”, he added.

Judge Durcan adjourned the case for a brief period to consider sentence.

When the case resumed, Judge Durcan imposed a fine of € 500.

He said, “I have to convict your client. I have to bear in mind that somebody could’ve been killed. It’s a terrible thing to do.”

Recognances were fixed in the event of an appeal.

AS MANY as 325 procedures, including surgeries and out patient appointments were cancelled in the region’s hospitals last week as a result of industrial action by junior doctors.

The union representing doctors and the HSE are to begin talks today (Tuesday) with a view to avoiding further strike action.

The six hospitals that make up the University of Limerick Hospitals Group, including Ennis Hospital, the University Hospital Limerick and the University Maternity Hospital Limerick all cancelled operations, clinics and out patient appointments on Tuesday last. The HSE would not provide a breakdown of how many patients from each hospital were affected. It said however that all patients affected would have their appointments rescheduled.

Urgent care for areas such as oncology, dialysis and emergency is was provided and the Emergency Department in Dooradoyle remained open as did the local injuries units in Ennis, Nenagh and St John’s, according to a HSE spokesperson.

Discussions between the Irish Medical Organisation, the union representing the doctors who are protesting about long working hours, and the HSE were suspended on Thursday but are to continue today, Tuesday, with a view to avoiding any further strikes in the country’s hospitals.

In a statement the IMO said, “Before the talks resume both sides will continue to work together on verifying the position of individual hospitals in relation to the number of hours being worked by NCHDs.”

It added that “progress has been made and the IMO will continue to engage in the process next week”.

PATIENTS’ lives are being put in jeopardy every day because Non Consultants Hospital Doctors (NCHD) are being forced to work up to 40 hours straight before undertaking complex medical procedures.

That is the opinion of one Clareborn NCHD who says that he himself has carried out spinal taps and other complex procedures while severely sleep deprived. The doctor, who has asked not to be identified, also says that a number of NCHD’s are suffering from depression brought about by the mental and physical pressure of the job and a mass emigration of Irish doctors could soon take place.

“When you hear people calling them Junior Doctors it gives the impression that they are young people and inexperienced. The reality is that a lot of the most senior people in hospitals, and the most senior people in hospitals at night are NCHDs,” he said.

“The person who would look after you if you present with a heart attack at night is a NCHD, who could easily have been working for the previous 40 hours straight. If you go into A&E with a severe headache and you need a lumbar puncture [spinal tap], that will be done by a NCHD. The hospitals are pretty much staffed by NCHDs at weekend and out of hours. I myself have done lumbar punctures after being awake for 30 hours straight; it is not best practice but it’s the situation that we are placed in.

“I don’t think a lot of people believe the working hours. Under the European Work Time Directive we should be limited to 48 hours and we should never work more than a 13 hour shift.

“The hours that NCHDs are doing varies a lot. If you are in a peripheral hospital, which has only four medical registrars, they will often have to do two 24-hour shifts per week on top of their normal working week. So they will frequently be doing 80 or 90 hours weeks. Sometimes people will do on-call for an entire weekend and you would work 72 hours straight.

“It sounds preposterous, but it happens. I’ve done it myself. I’ve come into work on a Friday morning and I’ve left on a Monday afternoon. I’ve nearly crashed the car driving home on a number of occasions, just falling asleep at the wheel. I’m sure we’ve all made countless errors that we don’t even realise.

“After working 24 hours straight the first thing that goes is your patience and your ability to deal with people. The next thing then is your concentration. After a while it get too much, I’ve seen doctors burst into tears, quit, walk out, everything. If you go into hospital and you are met by a doctor, a lot of those doctors have been working for 24 or 36 hours before they see you.

“Mistakes are being made all the time; it’s almost an accepted practice now. There is a culture that you are supposed to perk yourself up and get on with it. I have seen people make mistakes and I have made mistakes myself.”

A number of recent cases of NCHDs suffering from depression, including a spate of recent suicides, have prompted the doctors to take their recent action.

“It is inhumane and people [NCHD’s] have drawn a line under it because of recent events and we are not going to put up with it anymore. There have been a couple of suicides in recent times and I think really sparked the campaign,” he continued.

“Burn out is a huge thing. Some people take on all the hours as a challenge. Some of the senior doctors encourage this; they say it’s a right of passage and things like that. So there is a bit of peer pressure involved.

“I think this [protest] is a desperate, last attempt for a lot of people. If this doesn’t work I think we will see a lot of doctors packing up and leaving the country. No one wants to leave but a lot of people feel they don’t have a choice. Morale is at an all time low.

“A lot of people are moving to other areas of medicines, becoming GPs and things like that. People are getting burned out, a lot are getting depressed and some are even emigrating. People who have families hardly ever get to see their children. When they come home, they are exhausted. A lot of people are emigrating but nobody really wants to.”

THE service given by former Reserve Army members in Ennis will be recognised with a plaque at the town’s new peace memorial.

In a report to councillors earlier this month, town clerk Leonard Cleary said Ennis Town Council received a request from the local representatives of the former 22nd Battalion Reserve Army, Ennis.

The 22nd Infantry Battalion stationed at the Barrack in Ennis, be- side the Garda Station, served in the town from 1949/50 to 2005.

Mr Cleary states, “The Battalion have given a great service to the people of Ennis and indeed many people from Ennis were involved over the decades. Since 2005 a different Reserve Army structure exists in Ennis. As the Barrack building is assuming a new function, the local representatives of the Battalion would like to re-locate their Battalion’s wall plaque from the Barrack building wall to a new location.”

Mr Cleary said the representatives have requested the plaque be located in a quiet public space where they could occasionally lay a wreath.

He said the Battalion had links with the council through their involvement with the St Patrick’s Day ceremony.

Mr Cleary continued, “It is recommended that the request be facilitated by Ennis Town Council. It is proposed that the plaque be suitably incorporated into its own allocated space beside the proposed peace memorial site at Friar’s Walk. This is on the basis that it has already been agreed by Ennis Town Council that there may be other memorials installed at this site in due course. The appropriate next step would be to liaise with the local representatives of the Battalion and with the Irish Army to consider the requests further and any associated costs, which it is expected would be minimal.”

Speaking at the October meeting of Ennis Town Council, Cllr Peter Considine (FF) said the Battalion were always held in high regard in Ennis.

Cllr Johnny Flynn (FG) said the reserve army had given over 70 years of service to the people of Ennis.

Ennis is also to recognise the sacrifices of men and women who fought in conflicts such as the Vietnam War with a memorial in the Monastery Park area of the town.

Ennis Town Council will manage the project, which will be funded by the United States Vietnam Veterans Advocacy Group.

The sculpture will specifically commemorate men and women who served in Allied service in South East Asian wars between 1959 and 1975.

MEMBERS of Ennis Town Council have backed a call for the use of Anti Social Behaviour Orders (ASBOs) to deal with the behaviour of what was described last week as a “small group of untouchables”.

ASBOs were introduced in Britain in 1998. They were designed to correct minor incidents that would not ordinarily warrant criminal prosecution.

In a motion tabled at the October meeting of Ennis Town Council, Cllr Johnny Flynn (FG) said the council should recommend a “planned pilot scheme of greater usage of Anti Social Beahviour Orders (ASBO) for the Ennis town centre area by the Gardai and Court Services”.

He said the orders could be implemented against criminal and public order offenders.

“Following a half year review, if the pilot is successful, the scheme would be extended to other areas to deal with scourge of this behaviour by a perceived small group of untouchables,” added Cllr Flynn.

Cllr Flynn told the meeting Ennis has a very low crime rate in comparison to towns like Killarney.

However he said the behaviour of a small group of people is putting the reputation of the town at risk.

“I think this would be the start of a campaign of no messing in Ennis,” he added.

Cllr Michael Guilfoyle (Ind) said attempts to deal with anti-social behaviour had not been helped by repeated cuts to Garda budgets and the closure of stations around the county.

“My sympathy does go out to the gardaí. They are doing their very best,” he added.

Cllr Guilfoyle told the meeting there had been a number of disturbances in Ennis Courthouse over the past year.

He also spoke about an incident that occurred on the Kilrush Road in August when a man in his 20s was brutally assaulted while on his way home at night.

Chairman of the Ennis Joint Policing Committee (JPC) Cllr Paul O’Shea (Ind) said he would support the use of ASBOs in Ennis.

He said, “There is a lot of fear among the community because of this small group of untouchables.”

Deputy Mayor, Cllr Frankie Neylon (Ind) told the meeting the gardai are doing the best they can with limited resources. “I would urge anyone that has any kind of problem to ring the confidential line to the Garda,” he added.

In response to Cllr Flynn’s motion, town clerk Leonard Cleary said it would be referred to the Joint Policing Committee. “Ennis Town Council is working with the gardaí on an ongoing basis in relation to the specific current items raised in this motion,” added Mr Cleary.