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Sentence depends on compensation payment

THREE men found guilty of attacking a car while a religious ceremony was underway at Drumcliff graveyard will learn next week if they are go to prison.

Michael Doherty (52), Patrick Doherty (34) and James Galbraith (45) were convicted in December (2013) of criminal damage.

They were ordered by Judge William Early to pay € 7000 compensation to the victim.

Judge Early said if the money was paid, he would recommend a six month suspended sentence for each accused.

Finalisation of the case was adjourned to January 22, 2014 when the court heard that compensation had not yet been paid to the victim.

In December Ennis District Court heard mother of two Kathleen Maughan was visiting her husband’s grave when her Ford Focus car was damaged in a violent incident at Drumcliff cemetery.

Ms Maughan told the court she saw three men armed with slash hooks and hatchets alight from vehicles and attack her car on March 24, 2013.

Ms Maughan, who is from Ennis but now lives in Cork, was one of a group of 20 people attending a blessing of the graves ceremony.

Ms Maughan said, “I’m terrified to come to Ennis.

“I’m terrified to bring my children to see their father’s grave”, she added.

The court heard there was a feud between Traveller families in Clare at the time.

Ms Maughan said she had nothing to do with the dispute, which involved members of her family.

“I wasn’t fighting with them at all. I was terrified”, she explained.

The court heard € 7000 worth of damage was caused to Ms Maughan’s car.

Michael Doherty and Patrick Doherty, both with addresses at St Michael’s Park, Ballymaley, Ennis and James Galbraith, formerly of Lissaniska, Ennis and now living in Bettystown, Meath, all denied the charge of criminal damage.

But after hearing the evidence, Judge William Early said, “I believe the evidence of Ms Maughan.

“I believe she is telling the truth, therefore it must follow that I find them guilty as charged.”

Judge Early said it seemed to be the case that Ms Maughan was a “victim of one of these wretched family feuds that are all too common in the traveler community”.

There was a heated conclusion to the case.

A flurry of insults were fired at Ms Maughan from people sitting in the gallery.

A 41-year-old woman, who was later ordered to pay a contribution to charity after pleading guilty to a public order charge, told Ms Maughan she would “bite her nose off”.

Mr Galbraith told Judge Early he would not pay the victim.

“You can send me to jail, Judge. I won’t give her 10 cents. You can put me in jail now,” he said.

The case came before Judge Patrick Durcan on January 22.

He asked if compensation was available.

Solicitor for Patrick and Michael Doherty, Daragh Hassett, said it was not.

The case was further adjourned to January 28 to fix a date for Judge Early to finalise matters.

On Tuesday, the case was adjourned to February 11 when Judge Early will pass sentence.

All three accused were remanded on continuing bail.

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Charges brought following separate drug seizures in Spancil Hill and Mullagh

A MAN charged in connection with the alleged discovery of drugs at a house in Spancill Hill is due to make his third court appearance tomorrow.

Krystof Sobolewski (37) is charged with an offence arising from the alleged discovery of cannabis at The Island, Kilvoydan, Spancill Hill on January 21.

It is alleged Mr Sobolewski was in possession of cannabis for purposes of selling it or otherwise supplying it.

Mr Sobolewski, with an address at The Island, Kilvoydan, Spancill Hill, first appeared in court earlier this month.

At the time Garda Dara McLoughlin of Scariff Garda Station gave evidence of arrest, charge and caution.

He said the accused made no reply to charge after caution.

Legal aid was granted to solicitor John Casey.

Mr Casey said he had no questions regarding the arrest, charge and caution of his client.

He told the court he would not be making any bail application on behalf of Mr Sobolewski.

Inspector Tom Kennedy sought to have the accused remanded in custody to appear again at Ennis District Court on January 28.

Mr Casey consented to the application.

Mr Sobolewski was brought before the Ennis court again on Tuesday last.

Inspector Tom Kennedy said the State were seeking to have the accused further remanded in custody to February 5.

He said the Director of Public Prosecutions (DPP) had not yet issued directions as to how the case is to proceed.

“This is a very recent case”, he added.

Judge Aeneas McCarthy remanded the accused to appear again at Ennis District Court tomorrow (February 5). SEPA R AT ELY , a 34-year-old man charged with drugs offences is due before Ennis District Court tomorrow.

Vidas Jaskaukas, who listed an address at Main Street, Mullagh, is charged with possession of a controlled drug, to with, cannabis, for purposes of selling it or otherwise supplying it.

The charge relates to an alleged offence at Main Street, Mullagh on January 23.

Inspector Tom Kennedy told the court the State were seeking to have Mr Jaskauskas further remanded in custody to appear again at Ennis District Court on February 5.

The court heard the Director of Public Prosecutions (DPP) has not yet issued directions on the case. Defence solicitor Siobhan McMahon consented to the adjournment.

Judge Aeneas McCarthy remanded the accused in custody to appear again in court tomorrow, (Tuesday February 4th).

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Damage to Kilkee first in 60 years

IT IS more than 60 years ago since Mother Nature last attacked the seaside town of Kilkee with such ferocity.

Having escaped the storms and flooding of early January, the St Bridget’s Day storm brought high tides and winds that left hundreds of thousands of euros of destruction in its wake.

Local businesses are now worried that the already struggling tourism industry will be damaged further if the repair work is not carried out immediately.

The most visible damage is at the bandstand and the strand line wall.

The wall has been breached and the prom along the strand is destroyed with debris.

The bandstand, which recently had a face life with some new flags and other works, is completely devastated.

While numerous roads were impassable due to flooding and debris brought from the sea with the force of the waves, a crack on the road to the pier, close to the former Thomond Hotel in an area known as Fisherman’s Corner is a real concern for local people.

“The last time we got something like this was in 1951. We had other storms in the ‘80s but not this bad,” said local businessman John Nolan.

He added that the main aim for the community was to have the tourist resort ready for the first set of visitors on St Patrick’s Day.

In Kilrush, the marina protected most of the town from the high waves, as the lock gates controlled the water levels.

Cappa however was not as fortunate as the waves breached the sea wall and damaged the local playground.

The breach of the sea wall close to the playground leaves families using the playground vulnerable to a 10foot drop to the sea below.

A popular walkway from Iveroo to Cappa has also been compromised, while work continues removing debris from other roads.

“We are not in the same situation as the people of Kilbaha or Carrigaholt, and we would not claim to be, but damage like this has never been done before in Kilrush,” said the town’s mayor Cllr Paul Moroney (Ind). TODAY We t a n d win d y a ft e rn o o n , h e avy sh o we rs a n d o ve r 7m m s o f ra in d u e , te m p s 7c .

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Site identified for Clare Peace Park that will recall those lost in wars

A SITE has been identified in Ennis for the establishment of a park to honour the memory of Clare people who died in conflicts around the world.

A green area between Glór and the Temple Gate Hotel will be the location for the Clare Peace Park. There are already plans to erect a sculpture to recognise the sacrifices of men and women who fought in conflicts such as the Vietnam War

The € 200,000 sculpture will be funded by the Vietnam Veteran’s Advocacy Group, whose members have been regular visitors to Ennis.

The memorial will include the following inscription:

“This memorial is dedicated to the Irish men and women who served in Allied military service in south East Asia during the period 1959-1975. Those who were lost are listed in the order in which they were taken.” A Mayo artist has secured the tender for the project.

A local group, the Clare Peace Park Initiative, are proposing to erect a memorial to the estimated 700 Clare soldiers who served in World War I.

The group was founded in December 2012 from a Remembrance Day Service Committee.

It is intended that the park would be a focal point for the existing commemoration ceremony that takes place on November 11 each year.

Dr Keir McNamara of the Clare Peace Park Initiative explained;

“We also intend to remember those who died from Clare in international conflicts since then.

A total of 45 Clare men died in the Second World War (1939-1945), two in The Spanish Civil war (1936-1939) and two in Korea (1950-1953).”

The group are asking anyone who may have information on Clare people who fought in World War I to contact them.

Further information is available on www. clarepeaceparki nt iat ive. com and the group’s Facebook page.

The group also intends to launch a fundraising initiative.

“In a few years you’re going to have the centenaries 1916/17 so if we don’t get things going we may lose momentum,” added Dr McNamara.

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Former Mayor of Kilrush to run as an Independent

FORMER mayor of Kilrush Ian Lynch has pitted himself against his Kilrush Town Council Fine Gael colleague Cllr Marian McMahon Jones, as he declared himself an Independent candidate this week.

The former Fine Gael man, who failed to make it through the party’s convention, said he felt compelled to run by his strong desire to serve the community.

Cllr Lynch was first elected as a public representative in 2009 when he was voted onto Kilrush Town Council.

Even then he considered running for the county council but as advised to build his profile and experience in the town council first.

“Looking back this may have been a mistake because since the local elections in 2009 Kilrush Town and the greater hinterland have been without representation at Clare County Council level, and there is no doubt that this has been to the detriment of our town. The voice of the people of Kilrush and surrounds is not been heard, this is evident in decisions where things like road signs placed by the NRA direct people away from our town, in a time when footfall is badly needed,” he said.

Kilrush Town Council will be dissolved at end of this council term, and Cllr Lynch has no option but to put his name forward to contest the Clare County Council Municipal Area of Kilrush if he is to remain a public representative.

The young councillor believes change is needed in the Clare County Council Chamber.

“Change is badly needed, people are sick of seeing the same old same old. It’s time for new blood, new spirit, fight and new passion, some one that is not restricted by what they can say or flight for, someone that has courage to stand up and be heard and has the capacity to get things done, this is what people want, this is what they deserve,” he said.

“Yes, it has been said to me to wait, my time will come, but this is not about Ian Lynch or my career in politics, this is about standing up for what I believe in.”

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Acres of Kildysart and Ballynacally land under water after St Bridget’s Day storm

ANY repair work carried out along the Shannon estuary following the January storms were quickly disposed of by the St Bridgid’s Day at the weekend, and now up to 2,000 acres of agricultural land remains under damaging sea water.

New breaches have also been added to the Shannon embankment.

The main Ennis to Kildysart road remains flooded at Ballycorrick Bridge in Ballynacally and becomes impassable at high tide.

All low lying areas were still un der water on Monday with agricultural land in Ballynacally, Kildysart, Clonderlaw, Burrane in Kilimer and Carnacalla, Kilrush severely flooded. One house in Shore Park, Kildysart, was also flooded, as was the local graveyard.

The road from Kildysart to Labasheeda was closed on Saturday as the sea wall was damaged and debris littered the road.

Local county councillor Oliver Garry (FG) said local farmers are under pressure to look after the embankment as the Office of Public Works did not take over responsibility for the area from the Board of Works.

“30 years ago the Board of Works serviced those embankments, but when the OPW took over they did not service those areas, they only serviced land from Island Avanna down to Shannon Airport,” he said.

Cllr Garry said a meeting has now been arranged with the Minister for Agriculture and junior minister in the department in a bid to lobby them for a one-off grant to carry out works on the embankment forgotten by the OPW. It is hoped the meeting will take place later this week.

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Four houses evacuated in Doonbeg

FOUR houses were evacuated in Doonbeg during the early hours of Saturday morning as waves smashed through windows and doors.

The houses along the Dunmore road had never previously experienced flooding or such force from the waves as the battlement along the bay protected them.

On Saturday morning last the 70year battlement could not hold back the ferocity of the storm and the homes along with the local caravan park were flooded.

During the storm on January 7, the land was flooded up to 150 metres from the village, reaching the 50 kilometres per hour sign at the bridge.

On Saturday morning the water far surpassed that reaching areas that had never before seen floodwater.

Community activist Tommy Commerford told The Clare People there were a number of vulnerable areas in the parish following the storm.

The stone barrier at Rhynnagonnaught was swept away allowing the water to run as far as Mountrivers.

By yesterday (Monday) up to 150 acres of land in this area still remained under seawater.

Stones and debris once again made agricultural land unworkable for lo- cal farmers, with many contending with reseeding land once again under seawater.

The road to Rhynnagonnaught is also under threat following the storm and the loss of this would maroon the residents on an island similar to what happened at Kilcredaun on the Loop Head peninsula.

Manager at the Doonbeg Golf Course and Spa Joe Russell said that while the golf course was once again victim to the storm the damage was not as significant as in January.

“It brought back the dune face again but not as much as before. The most notable thing is the debris on the golf course,” he said.

A significant clean up at the golf course is underway and plans are beginning for a major clean up at Doughmore beach.

“More needs to be done long term. If this happened every year we would have a problem,” the manager said.

“There is a long-term discussion that needs to be had. A long-term Government strategy needs to be prepared for this instead of going from crisis to crisis every year.”

An estimated € 800,000 worth of damage was done to infrastructure in the Doonbeg area in January, but with more places affected following the weekend that number is expected to multiply.

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Doolin Pier in ‘a rotten state’

TOUR operators in Doolin may have to delay the start of this year’s tourist season following extreme damage to Doolin Pier and the surround area over the weekend.

Local operators say they are devastated by the latest storm damage – which undid much of the remedial work done following the devastation of the New Year storm.

Indeed, the St Bridgid’s Day Storm caused more damage to the area surrounding Doolin Pier – with massive boulders being moved into waters close to the pier – blocking the route navigated by the ferry operators.

“Everything that has been done over the past two weeks has been torn up – it’s actually worse than before. The offices on Doolin Pier have been flooded and damaged again. The place is like a tip. It’s like Ennistymon dump 25 years ago. It’s rotten, it’s disgusting to look at. I was down there at six in the morning, watching everything unfold. There was a couple of portacabins down there that were moved 40 or 50 feet in shore,” said Donie Garrihy of Doolin2Aran Ferries.

“The pier has been damaged, there was some safety railing left before but that’s all gone now. The channel where the boats sail out is are all full of big boulders, which will have to be removed.

“We need urgent help. We are starting business at the beginning of March which is only 25 days away. The place is like a dump now, there is no way we can trade the way the place is at the moment.”

There has also been some superficial damage to the new Doolin Rescue Centre – which is currently under construction and due to open early this year.

“We took a drive yesterday in the sunshine. Myself and my wife and my five children went off for a spin. My young fella, who is eight, my oldest son, said ‘don’t bring us anywhere where there is storm damage – I’m sick of it’. That’s what he said to me. He said exactly what I am thinking. That’s what we are all feeling like up here right now,” continued Donie.

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O’Callaghan’s Mills homes cut off for six weeks by flood

A WOMAN in her late 80s has been trapped in her East Clare home since Christmas Day because of unprecedented local flooding.

The four houses in the Dooras area of O’Callaghan Mills have been effectively cut off from the rest of the world for the past six weeks – as their only access road now covered by a 200 metre long lake of water.

One family was evacuated from a rented house in Doora on Christmas Eve, with their landlady using a tractor to pass through the flooded road. However, since then the road has been impassable, even for tractors, with sitting water of up to five feet on the road itself, with a further 10 foot of water on either side of the access road.

Three members of another affected family, including three young children, left their homes last weekend but a number of people have no choice but to remain.

The only access to the homes at present is through a long stretch of bog, which is itself flooded and very dangerous to cross.

“The situation is very bad at the moment. There is no access, not even with a tractor. Some of the residents were using a quad to get out through a local bog, but unfortunately the quad got stuck last Saturday, so they have to go by foot to get in and out to the houses,” said Cllr Joe Cooney (FG).

“You are taking your life into your own hands driving down there, even in a tractor. You can’t see the road for 200 metres along the road and there is a a drop of nine or ten foot on one side of the road.”

The road has not flooded since 2009, with Clare County Council raising the road surface following the last prolonged period of flooding. It is understood that a blockage along the O’Garney River could be cause of the current flood.

“Is is very disappointing to have this happen. It’s awful to have people leave our parish because of the flood ed, but in fairness, the council have given us a commitment that when this flooding goes down, they will do some work to rectify the situation,” said Cllr Cooney.

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F o c u s n o w i n l a n d a s h e a v y r a i n s s w e l l r i v e r s t o d a n g e r o u s l y h i g h l e v e l s

AS THE waters begin to recede along the Clare coast, the focus now turns inland with council engineers monitoring extremely high water levels on a number of the county’s rivers, including the Fergus.

Clare County Council yesterday warned people in Ennis and along the lower Shannon area to be extremely vigilant and take all necessary precautions, with heavy rain likely to swell rivers further in the coming days.

According to rainfall figures recorded at Shannon Airport, the county has already received almost a quarter (194.6mm) of the total rain that fell on the 12 months of 2013. A further 3 inches of rain, or 76mm, is expected to fall in the county over the next seven days.

Senior engineer Tom Tiernan said yesterday that newly constructed flood defenses in Ennis have worked well to date, but warned that the expected rainfall is likely to test these defenses to their limits.

People living in sections of Ennis where flood defenses have not yet been complete have been asked to be particularly vigilant in the com- ing days.

“The pressure on coastal areas is starting to lessen – we’re not out of the woods yet but the tides are starting to drop back. There has been a lot of rainfall and more on the way so there is a real possibility of local flooding in certain areas,” said Mr Tiernan yesterday.

“The Fergus is our main focus at the moment. The new defenses that were built have worked, and that is very significant. But all of the flood relief works have not yet been completed and we would ask that people in flood prone areas would remain vigilant.”

Council engineers are continuously monitoring river levels in the Fergus and in a number of at-risk rivers across the county.

Contingency arrangements are in place to increase pumping capacity in certain areas and a number of emergency flood alleviation measures are also in place.