Month: January 2014

ONE of Clare’s oldest traditional music festivals has been short listed for the prestigious IMRO Music Festival of the Year 2013 award.

The world famous Willie Clancy Summer School in Miltown Malbay is in a strong category that includes Electric Picnic, Other Voices, Music Trail, Body and Soul, Longitude, Life, Sea Sessions, Kilkenny Rhythm and Blues, Galway Arts Festival and the Temple Bar TradFest.

More than 8,500 members of IMRO (Irish Music Rights Organisation) nominated their favourite Irish venues and festivals for the awards.

The Best Live Music Festival of the Year will be announced at a special prize giving ceremony, which will take place on Tuesday, February 4.

There will also be a special Hot Press Readers Award presented at the event for Hot Press Best Live Music Venue, as voted by the general public, and by readers of Hot Press Magazine.

The award ceremony will take place at the IMRO HQ from 6.30pm to 9.00pm and will be presented by Paddy McKenna from RTÉ 2FM.

Live Performances on the night will include Kodaline, Gavin James and I Am The Cosmos.

The Willie Clancy Summer School said they are happy to be nominated in the category and are in “good company”.

The members are now just philosophically waiting “to see what happens”.

JAILED peace activist Margaretta D’Arcy may serve the remainder of her sentence in Mountjoy, a court has heard.

The 79-year-old writer was arrested and brought to Limerick women’s prison earlier this month after failing to sign a court bond forbidding her from entering areas of Shannon Airport unauthorised to the public.

Ms D’Arcy, of St Bridget’s Place, Woodquay, Galway and her co-accused Niall Farrell (60), of Ballynacloghy, Maree, Galway, were convicted last month of interfering with the proper use of Shannon Airport by going onto the main jet runway with- out permission.

The pair held a peaceful protest on the main jet runway of Shannon Airport on October 7, 2012.

They denied the charge but were convicted and each given a three month prison sentence. The term was suspended on condition both enter a bond to be of good behaviour and refrain from entering areas of Shannon Airport that are unauthorized to the public.

Ms D’Arcy’s refusal to sign the bond led to the activation of the sentence. Ms D’Arcy and Mr Farrell were before Ennis District Court again on Wednesday.

They are accused of interfering with the proper use of Shannon Airport by going on the runway without permission on September 1, 2013.

The alleged offence is contrary to the Air Navigation and Transport Act.

Both accused deny the charge. Their cases were before the court to fix a date for hearing.

Inspector Tom Kennedy sought to have amendments inserted in the charge sheets for both accused. In response to questions from Judge Patrick Durcan, Insp Kennedy said he had not served notice of his application to the accused.

Ms D’Arcy is representing herself. Mr Farrell told the court he had asked Insp Kennedy to send all disclosure to his solicitors in Belfast.

Insp Kennedy said he was aware Mr Farrell had instructed solicitors in the matter but had not received any correspondence from them. He said papers would be sent to Mr Farrell’s legal representatives.

Judge Durcan directed the State supply all discovery to the accused. He also ordered the State to serve notice of the application to amend the charge sheet to Ms D’Arcy He adjourned both cases to February 13 when preliminary matters will be dealt with.

Ms D’Arcy urged Judge Durcan to strike out the charge. “It would save a lot of time if you threw this case out”, she said.

Mr Farrell later told the court there is a “likelihood” his “fellow peace dissident” would be transferred to the women’s unit in Mountjoy prison.

A KILKEE man was fined € 1,000 for hitting a garda with the wing mirror of his car when he drove off “ at speed”.

Eoin O’Shea, Miltown Road, Kilkee pledged guilty to assaulting Garda Adrian Cosgrove on June 6, 2011 Contrary to Section 2 of the Non Fatal Offences Against the Person Act 1997 at Kilrush District Court.

The court heard that the garda was out of work for two weeks due to resulting pain to his hip and leg.

Mr O’Shea was also accused of unlawfully impeding Gda Greg Gander in the course of his duty, when he wanted to search his car under Section 23 of the Misuse of Drugs Act 1977/84.

The court was told that the 28-yearold defendant was parked outside a hotel at Circular Road, Dough, Kilkee just after midnight when Garda Cosgrove asked him for his licence.

The window of the car would only go down a few inches and there was also a dog in the car “and anxieties rose” explained Joe Chambers, solicitor for the defence.

“He handed out the driving licence and NCT showing it had failed,” he added.

The gardaí then asked Mr O’Shea to get out of the car.

Mr Chambers said his client was embarrassed and he panicked.

He asked gardaí to meet him further up the road where they could search his car, but this may have got lost in the moment, according to the solicitor.

Fining the defendant € 1,000, Judge Patrick Durcan said, “ I dislike cases that come before the court that show disregard for the state.”

TWO KILRUSH pubic houses have been ordered to close and the publicans to pay fines for selling spirits on which no duty was paid.

Describing Michael Johnson of Johnson’s Bar, Henry Street, Kilrush as “the worst kind of publican” District Court Judge Patrick Durcan fined him € 4,000 and ordered him to close the pub for seven days from February 4.

“I do not accept he bought these bottles over the counter from someone he did not know and if he did he showed a level of irresponsibility,” he said at the hearing in Klirush on Tuesday.

Mr Johnson had pleaded guilty of having 14 litres of vodka on which appropriate rate of alcohol products tax had not been paid_ Contrary to Section 79 (2) &(7) of Finance Act 2003 as substituted by section 62 of the Finance Act 2005.

In evidence to the court Customs and Excise officer Chris Mulqueen outlined that he called to Johnson’s Bar, on June 20, 2013 and located the bottles of vodka for which no duty had been paid.

He took samples from a bottle of this vodka, tests confirmed that it was under strength and inconsistent with “Smirnoff vodka”. The sample recorded a 33.1 per cent volume as opposed to a 37 per cent volume.

The court heard that Michael Johnson had been running the bar and could not confirm where he got the vodka. He was asked for documents to confirm purchase but did not produce these documents.

Solicitor for the defence Patrick Moylan said his client had paid € 144 for 12 bottles of vodka.

He told the court that if Mr Johnson could identify the seller he would, and that it was not unusual for people to turn up and the pub to sell alcohol.

He said Mr Johnson told him the pub is due to close at the end of February.

Mr Moylan said his client was a good publican and had never been in court before.

Judge Durcan said, “Mr Johnson bought drink from someone he doesn’t know, the quality he knew nothing about and he shelled that out to his customers.”

“In my view, he is the worst kind of publican you can find and not someone who in my view should be authorised to hold a publican’s licence.

“Any publican not knowing the source of alcohol and then dishes it out to their customers – don’t tell the court that he has been a good publican,” he added.

The district court judge said he sympathized with the licensing trade as it was “under extreme pressure.”

He said it was important that customers had faith in their publican however, and it was important that other law-abiding publicans were not put at a disadvantage.

In a separate, but in the words of Michael Linnane, prosecuting for the revenue commissioners, “similar case” the judge fined David Bond of Sheananigans Public House, Frances Street, Kilrush € 2, 500.

He ordered that the public house be closed for two days.

Mr Bond pleaded guilty to not paying the appropriate duty on 10 Litres of spirits.

Customs officer John Grehan gave evidence of finding what he described as “counterfeit vodka” in Shenanigan’s Bar on May 31, 2013.

He said Mr Bond “made frank admissions. He told us where he got it and co-operated fully. He has no previous convictions.”

Solicitor for Mr Bond, said his client was “shocked when he discovered the alcohol was not genuine”.

Mr Linnane informed the court that the maximum fine in cases like these was a fine of € 5,000, which could be mitigated to no less than € 2,500. There is also a mandatory closure order in respect of this, which had to be a minimum of two days, but no more than seven days.

A YOUNG man who pleaded guilty to public order offences and holding a knife in the presence of gardaí was given a suspended sentence by a District Court Judge who believed him to be ultimately “a good lad”.

Judge Patrick Durcan sentenced Jonathan O’Brien of 10 St Patrick’s Terrace, Kilrush to three months in prison after he pleaded guilty to Section 9 (1) and (7) of the Firearms and Offensive Weapons Act 1990, and placed him on a probation bond for six months for breach of the peace.

“I’m of the view you are a good lad but you need a bit of help,” the judge said as he suspended his prison sen- tence and placed him on a good behaviour bond for two years.

The court had been told that on the evening of October 11, 2013 Garda Sean Mullins of Lissycasey Garda Station was responding to reports of a drunken man on Henry Street, Kilrush when he found Mr O’Brien bare-chested and intoxicated on the footpath.

The garda gave evidence that the 20-year-old was not aggressive at the time, so the gardaí brought him home to his grandparents house in St Patrick’s Terrace.

Outside the house Mr O’Brien became aggressive towards the gardaí telling them;

“I’ll fucking get ye guards. I’ll knock your fucking teeth out.”

Mr O’Brien then went inside and gardaí heard the sound of a cutlery drawer being opened.

The defendant emerged with the blade of a kitchen knife visible from his trousers.

He took the knife out of his trousers and placed it on a hall table after gardaí spoke to him.

Solicitor for the defence Patrick Moylan said his client has mental health issues and acted stupidly on the night.

“He showed more bravado than intent,” he said adding that his client did not bandy the knife around but returned it to the hall table.

Mr O’Brien, who has a partner and a baby due in April, lives with his grandparents. His parents divorced when he was young and “he had nothing to do with his father and has some contact with his mother”.

Mr O’Brien apologised to the gardaí and the court describing his behaviour as “very foolish”.

He had 13 previous convictions.

In his summation Judge Durcan said;

“The first thing that strikes me is the abuse of alcohol and the consequences it can have; and second thing that strikes me is the possession of a knife and the consequences that can have.”

He praised Garda Mullins for his “policeman ship” and commended Mr O’Brien for allowing his sense of “righteousness” to overcome his impulses.

A NEW Accident and Emergency Department for the region is at least two years away, despite construction being descried as “well underway on a new hospital shell block”.

Since the closure of the 24-hour service at Ennis and Nenagh hospitals, the only Emergency Department in the region is in Dooradoyle Limerick.

Just last week nurses again highlighted overcrowding issues in the A&E and the Medical Assessment Unit was closed for four days at the hospital at the beginning of the month to accommodate serious over crowding.

Work on the exterior building of the new wing of the University Hospital Limerick, which is to accommodate the new ED, is due to be completed by April 2014.

The unit will also include a new dialysis unit and a basement car park. “It is then proposed to progress the fit out of the basement to provide approximately 200 car parking spaces over the following six months. Separately, a tender process is being progressed for the fit out of the ground and first floors to provide the new ED and Dialysis Department,” a spokesperson for the hospital said.

“It is envisaged that the ED fit out works would commence in October 2014 with the new ED ready for opening in early 2016.”

“As an interim measure an extension has recently been completed to the existing ED in Dooradoyle,” he added.

The major development work currently underway follows the recent construction of the Critical Care block.

MEMBERS of the Doolin Unit of the Irish Coast Guard took part in a marathon seven hour-long recovery operation at the Aill na Searrach cliff, close to the Cliffs of Moher last week.

The recovery saw six members of the Doolin unit abseil and climb down a sheer 80 degree incline on the cliff face before recovering the casualty and hiking almost a kilometre along the cliff front.

The whole operation was completed in very rough weather conditions with the coast guard members com- pleting the last three hours of the recovery in near pitch darkness.

“We were called to attend at Aill na Searrach near O’Brien’s Tower where a person had fallen from the cliffs down to the shore. Six climbers abseiled down the cliff, and carried him down the shore line for about 700 metres,” said Matty Shannon of the Doolin Unit.

“The coast guard helicopter was there at the scene but the casualty was positioned too close to the cliff for them to attempt an airlift. It was one of the more challenging operations that we have undertaken in recent times,” said Matty Shannon of the Doolin Unit of the Irish Coast Guard.

“It wasn’t a sheer drop but they climbed down a drop of about 80 degrees to the foot of the cliff. Between the height of the climb and the wind is a very difficult operation. The ropes get tangled by the wind as we are lowering or hauling so it is very difficult for the climbers as they have the weight of the ropes as they abseil keeping pressure on them.

“The operation was undertaken in blustery condition with heavy showers and strong North Westerly winds.”

No details of the casualty have yet been released.

MYSTERY surrounds how a gun came to be stored in the safe of a West Clare bank.

The colt revolver was discovered in the safe by the former manager of the Bank of Ireland branch in Miltown Malbay, it emerged last week.

The man, who is now retired, handed over the firearm to gardaí after making the surprise discovery.

Technical examinations were sub- sequently carried by experts at the Garda Ballistics Section.

It is thought the gun may have been stored in the Miltown safe for up to 15 years.

It is understood there was no record of how the firearm came to be in the bank safe.

The identity of the colt revolver’s original owner is thought to be unknown.

The presence of the gun was disclosed at Ennis District Court on Wednesday, where it was the subject of a Police Property Application.

Gardaí were seeking a court order to have the firearm destroyed.

Inspector Tom Kennedy told the court the application concerned the discovery of a gun in a bank safe.

He said the gun had been found after many years.

Insp Kennedy said the State were seeking possession of the gun in order to have it destroyed.

Judge Patrick Durcan made the order releasing the firearm to the State for destruction.

CLARE property prices have been hit harder than prices in any other county in Munster with the average asking price for a house in the county now 58.6 per cent below what they were at the height of the Celtic Tiger in 2007.

The prospect of a short-term recovery in the Clare property market also looks remote, as the rate at which the asking prices for Clare properties is also the highest in Munster.

According to new figures obtained from property sales website, Daft. ie, the average year-on-year asking price for a Clare stood at € 128,175, an 11 per cent on 2012 and a drop of almost 60 per cent when compared to the 2006 prices.

One-bedroom apartments in Clare was the worst performing category of any property type in the entire country last year with the average asking dropping to € 45,000, an 18.6 per cent drop on the 2012 average.

Indeed, each section of the property market in Clare recorded a significant drop in average asking prices in 2013. The average price of a two-bedroom terraced in the county now stands at € 57,000 – a 16.1 per cent drop on the previous years prices.

The were similar decreases recorded for three-bedroom semi- detached houses which recorded an 11.1 per cent decrease is asking prices in 2013 and now have an average asking price of € 86,000.

The average price of a detached, five-bedroom house was € 189,000 last year, representing a drop of 15.7 per cent since peak.

The best performing category of house in the county were four-bedroom bungalows, with an average price of € 175,000 representing a drop of just 8.7 per cent last year.

ENNIS District Court was disrupted for periods last week after a man suspected of recording court proceedings was taken into custody.

The disturbances occurred as jailed peace activist Margaretta D’Arcy (79) appeared in court charged with interfering with the proper use of Shannon Airport by going on the runway without permission in September 2013.

The veteran anti-war campaigner and playwright was arrested and brought to Limerick women’s prison earlier this month after failing to sign a court bond forbidding her from entering areas of Shannon Airport unauthorised to the public.

Dozens of supporters were present in Ennis Courthouse for her brief appearance on Wednesday.

At the conclusion of Ms D’Arcy’s hearing, four supporters were escorted from the courtroom. Some had attempted to hold up posters.

Mayo woman, Maura Harrington, a member of the Shell to Sea protest group, shouted, “Free Shannon Airport from the US military.” Gardaí immediately removed Ms Harrington from court.

Minutes later, Judge Patrick Durcan said it had been brought to his atten- tion that an individual had attempted to record proceedings in court. He asked gardaí to take appropriate steps to deal with the matter.

Sgt Paul Slattery, of Ennis Garda Station, later gave evidence that he had been told a man attempted to record court proceedings with his phone. Sgt Slattery said that when approached, the man told gardaí he was checking emails.

He said the man would not give his full name to gardaí. Judge Durcan directed the gardaí to ascertain man’s identity. He was later identified as Naoise Ó Mongáin, Maura Harrington’s husband.

Judge Durcan later ordered that Ms Harrington and Mr Ó Mongáin to be taken down to the cells. He said those responsible for the disturbances had shown “total disrespect to other citizens”. “It’s becoming impossible here”, added Judge Durcan.

Later, when a number of people were not present in court when their cases were called, Judge Durcan said, “There has been so much disturbance in court today that a number of people have left the courtroom out of fear.”

Inspector Tom Kennedy said, “I’ve never been in a court where there was so much disruption in one day.”

After 3.30pm, Judge Durcan ordered that the couple be brought up separately to court.

Judge Durcan told Mr Ó Mongáin that he did disrupt proceedings earlier, but that he was free to go.

Judge Durcan said gardaí could investigate if Mr O’Mongain’s phone was used to record the court. However he asked that this be carried out as quickly as possible as Mr Ó Mongáin was entitled to have his phone.

He then told Ms Harrington her time in custody “fairly balances out what occurred earlier”. He told Ms Harrington he appreciated she was coming to the aid of her husband in court.

Judge Durcan said: “I regard the matter as terminated.”