Month: July 2014

THE new West Clare Municipal District has been described as unmanageable and a thinly cloaked attempt to downgrade Clare County Council.

Councillors at last Friday’s meeting voted to write to the Department of the Environment and insists that the old electoral boundaries be restored.

In terms of geographical size, the West Clare Municipal Area is now the largest electoral area in the country, taking up just under half of County Clare. In a joint motion put forward by three councillors from the area, it was claimed that the council will not have the resources to meet the needs of such a large area.

“I think the boundaries as set out are wrong and I cannot see them working on the ground. The overall size of the area is unmanageable, there is just one senior engineer in Kilrush now, we lost one in Ennistymon. The idea behind this is to downgrade local government as was done with the NRA and Irish water. We should go back to the old system.

According to Ennistymon Cllr Richard Nagle (FF), the council will face major budgetary difficulty in the years ahead.

“What we are facing as we go about preparing a budget for 2015, is that we are now totally dependent on the Department of the Environment to provide the finances that the people of this county have rightly come to expect,” he said.

“When the property tax was first introduced we were told we would get 100 per cent of the money. This year we are getting none, next year we are getting 80 per cent. We need to make sure that we don’t end up getting 80 per cent of the property tax but with the ministers from various departments taking back the funding we recieve – leaving us with the same level of funding or less.

“My fear is that we won’t be left with the money to live up to the promises that were made. These promises were made by the Department of the Environment and not Clare County Council.”

Independent Cllr Christy Curtin said the situation wasn’t ideal, but councillors had to work with law.

“I share the frustrations but the law is in place. There is now a challenge on us to use this as best we can to serve the people,” he said.

ENNISTYMON woman Kate McGlennon says she is ready to take on the world following a great performance in the Miss Ireland Competition over the weekend.

Kate, who is this year’s Miss Clare, represented the county with pride in the Dublin grand final on Saturday, narrowly lost out to Jessica Hayes for the overall title. Indeed, Kate was one of two Clare women to perform well in this year’s competition with Sarah Jane Dunne, daughter of the late Kilrush traditional musicians, Pecker Dunne, also giving a good showing.

Despite missing out on the top spot, Kate, who will begin the third year of her midwifery training this September, says she is determined to make the big break as a model.

“It was an experience of a lifetime, I wasn’t expecting it to be as good as it was to be honest. My mam, my dad and by brother were up from Ennistymon to support me and it was a great night. But as well as my family being there the support I got from home was unbelievable. I am overwhelmed by the support I received,” said Kate.

“I definitely want to keep going in modelling. Just because I didn’t win Miss Ireland doesn’t mean that it will be the end of me. I have a few photo shoots lined up so I’m looking forward to getting started with those and then I have some meeting with a few agencies in Dublin. Hopefully something will come of it but if not I will keep going, I won’t stop.

“I’m now going into my third year of midwifery in Dundalk this September so it’s going to be busy one way or the other. But I love being busy, I love being kept on my feet.”

A MAN who threw a pint glass at a car during an altercation outside a country and western concert in Ennis has received a suspended prison sentence.

Martin McDonagh (19) hurled the glass at a car containing two people outside Treacy’s West County Hotel on June 8, 2014 Ennis District Court heard on Wednesday.

The incident occured while singer Nathan Carter was performing inside the Limerick Road venue.

Inspector Tom Kennedy told the court Mr McDonagh was refused entry to the concert.

He said the accused went out to the car park where he became embroiled in a verbal argument with two people in a car.

The court heard the two people were shouting at McDonagh, saying they were going to fight him.

Insp Kennedy said Mr McDonagh responded by calling them “scumbags”.

The gardaí were called. Mr McDonagh was restrained by two detec- tives but managed to escape and pick up a pint glass, which he threw at the car. No one was injured.

Mr McDonagh, with an address at Drumbiggle Drive, Ennis, pleaded guilty to engaging in behaviour with intent to provoke a breach of the peace.

A charge of criminal damage against him was struck out following an application from the State.

Defence solicitor William Cahir said his client was not intoxicated on the night.

He said Mr McDonagh was previously involved in another case where he assisted the gardaí. He said that was why the people in the car verbally abused his client.

He said Mr McDonagh “let fly” with the pint glass out of “pure frustration”.

Mr Cahir said there was never any risk of anyone getting hit by the glass.

“He fully accepts he should not have done it”, he added.

Mr Cahir said his client intends moving to Galway with his wife.

Judge Patrick Durcan said he does not like incidents where people throw glasses.

Mr Cahir told the Judge that Mr McDonagh did not intend using the glass as a rocket.

“It was flung in frustration”, he added.

Mr Cahir said his client was a witness in a different case and may have been put under pressure from other sides.

The court heard he has never been involved in any disputes in Ennis.

Asked for his view on the incident, Insp Kennedy said;

“It’s hard to determine what his intentions were with the glass but he let it go one way or the other”.

Judge Durcan imposed a two-month sentence but suspended it on condition Mr McDonagh be law abiding.

In sentencing, Judge Durcan said he was taking into consideration a number of factors, including the accused’s age and the fact the glass had been thrown at a car and not a person.

He told Mr McDonagh was a “very lucky young man” not to be going to prison. A MA N accused of attempted robbery at a shop in Shannon last month has denied the charge. Ger Delaney (28), with an address at Rossbracken, Shannon, appeared before Ennis District Court on Wednesday. He is charged with attempting to rob money froma female staff member at Mace stores, Ballycasey Crescent, Shannon on June 24. During a bail application, Mr Delaney told the court,“I’mcontesting this charge. I did not commit this offence.” The State opposed the bail application brought be defence solicitor John Casey. Det Sgt Kevin O’Hagan of Shannon Garda Station outlined the grounds for the State’s opposition to bail. He said these included the seriousness of the alleged offence and alleged strength of the alleged evidence. Det Sgt O’Hagan said it is alleged that Mr Delaney entered the shop brandishing a kitchen knife.The court heard that staff resisted demands for money to be handed over. Det Sgt O’Hagan said customers in the shop at time intervened and forced the man alleged to be Mr Delaney, fromthe shop. Mr Casey cross-examined Det Sgt O’Hagan. Mr Delaney also gave evidence. He urged Judge Patrick Durcan to release himon bail. “I’mcontesting this charge. I did not commit this offence”, he added. Judge Durcan said that he was satisfied on the basis of Det Sgt O’Hagan’s evidence that he could refuse bail. He remanded Mr Delaney in custody to appear again in court on August 11. Inspector TomKennedy said directions fromthe Director of Public Prosecutions (DPP) are awaited in the case. A MA N has pleaded guilty to having heroin for sale or supply in Ennis last year. Gardaí discovered heroin valued at €492 and cannabis worth €125 at the then home of Mao Kimbadi (41) in Sandfield Hall, Ennis on October 24, 2013. Details of the raid were heard at Ennis District Court onWednesday. Inspector TomKennedy told the court gardaí found 24 individual deals of heroin in the kitchen of the premises.A quantity of cannabis was also discovered. Mr Kimbadi pleaded guilty to two charges – having diamorphine for sale or supply and having cannabis for sale or supply. Defence solicitor John Casey said his client made full and frank admissions in respect of the offences. He said Mr Kimbadi sold the drugs to feed his own habit. “He’s a hopeless heroin addict caught up in a cycle”, added Mr Casey. Mr Casey described Mr Kimbadi as being on the “lowest rung of the ladder” when it comes to drug dealing. Mr Kimbadi has previous convictions for theft and drugs offences. He is currently serving a six month prison sentence. Judge Patrick Durcan adjourned sentencing to November 25. He also ordered a report fromthe Probation services. A MA N has been remanded in custody after being charged in connection with a disturbance that occurred at a house in Kilkee this month. Ciaran Fitzgerald (24) is facing five charges arising fromalleged incidents at his home at Erin Street, Kilkee and Kilrush Garda Station on July 17. Mr Fitzgerald appeared before Ennis District Court on Friday where Garda Eoin Daly gave evidence of arrest, charge and caution. Mr Fitzgerald is charged with four alleged offences arising fromhis alleged behaviour at Erin Street. He is charged with engaging in behaviour with intent to provoke a breach of the peace. He is facing two separate charges of assaulting two different women. He is also charged with the criminal damage of a glass mirror. He is further alleged to have caused criminal damage to a cell at Kilrush Garda Station by allegedly urinating on the cell floor. Legal aid was approved for solicitor Fiona Hehir. Ms Hehir told the court she did not have a bail application at this stage. Judge Patrick Durcan remanded Mr Fitzgerald in custody to appear again at Ennis District Court tomorrow.

AN ENNIS man who stole bottles of spirits from Dunnes Stores has avoided jail but has been ordered to do some “pick and spade” work around the town. At Ennis District Court on Wednesday, Patrick McCarthy (21) was ordered to do 200 hours of community service in lieu of four months in prison, after pleading guilty to theft and public order offences.

Mr McCarthy admitted stealing bottles of vodka, Jack Daniels whis- key and Captain Morgan’s rum from Dunne Stores on February 4.

He further admitted stealing rum and whiskey from Dunnes Stores on February 9. Those bottles were later recovered, the court heard.

Mr McCarthy, with addresses at Woodlawn, Lahinch Road, Ennis and Ballaghboy Halting Site, Quin Road, Ennis, also pleaded guilty to being intoxicated to such an extent to be in breach of the public order act at Ballaghboy on May 14.

After being told Mr McCarthy had a number of previous convictions for theft, public order and drugs offences, Judge Patrick Durcan said the accused had an “appalling record”.

“He’s got a masters degree at this stage”, Judge Durcan said.

Defence solicitor Tara Godfrey told the court her client had a very difficult childhood. She said Mr McCarthy started taking head shop type drugs, aged 15 and has had serious problems with alcoholism.

The court was told he is currently awaiting sentence in the Circuit Court on a criminal damage matter.

Judge Patrick Durcan imposed pris- on sentences totaling four months but substituted them for 200 hours of community service.

He said this was a time of the year when Ennis is in competition for the Tidy Towns.

The Judge said he was sure the local authorities in Ennis would appreciate a few “pick and spade merchants” doing work around the town.

He remanded Mr McCarthy on continuing bail to appear again at Ennis District Court on September 17 for a pre-sentence report from the Probation Services.

A SOLID link connecting the Burren and the Lord of the Rings may finally have been established following extensive research by a Northern Irish scholar.

Dr Liam Campbell has studied a number of edits undertaken on JRR Tolkien classic fantasy novel between 1949 and 1954, when it was first published. By painstakingly cross-referencing the individual edits with known visits by JRR Tolkien to North Clare, Campbell believes he has, for once and for all, proved the connection.

According to Dr Campbell, who will speak at next month’s Burren Tolkien Society Festival, some of the discovered passages read like a virtual road map to the Burren.

“I have evidence of late passages which were put into the book in the 1950s by Tolkien. Once you are aware of the chronology of the book, and when he edited certain section, you can see some of the later edits which when written up read like a road map to the Burren,” said Dr Campbell.

“Many people say that the Lord of the Ring was finished in 1948, before his visits to Ireland, but I also uncovered a letter between Tolkien and his editor from April of 1953 in which he says ‘at last I have finished the book’.

“I know that he did a major rewrite of the whole book in 1952 with his son, and that took place after he came to the Burren and experienced the place.”

Dr Campbell will reveal specific passages from the book, which is the second most published book of all time, which have a distinctive Burren influence, and is keeping the exact details close to his chest until the Burren Tolkien Society Festival in August.

“It is true to say that if I was to read some passages to you, and told you it was a tourist guide to the Burren, you would not bat an eye lid. I can’t speak on which sections of the book have these passages but I will reveal that during the talk,” continued Dr Campbell.

“There is a deep connection between the book and the Celtic mythology. I would almost say that so much of the information about the Elves in the book comes almost directly from Celtic mythology.”

For more on the Burren Tolkien Society visit www.burrentolkiensociety.ie.

A BRAZILIAN carer who stole his 79-year-old employer’s credit card to fund a € 3,000 spending spree in Dublin has been sentenced to four days in jail.

Rodrigo Pires (21) stole the card from the home of Hugh Weir at Ballinakilla, Whitegate, on July 12, 2014.

The English language student travelled to Dublin where he used the card to buy flights to Italy, an Apple Mac notebook, and clothes from Brown Thomas, shoes and sunglasses.

Details of the spree were heard at Ennis District Court on Friday. Mr Pires, who is originally from Sao Paulo but was staying at an apartment at Shaun Court, NCR, Dublin, pleaded guilty to one charge of theft and nine charges of deception.

The offences were committed at Whitegate and locations around Dublin city centre on July 12 and July 13. Inspector Tom Kennedy explained Mr Pires came to Dublin to study English on a student visa. He said after completing his studies, the accused decided to move to another county because he was living with Portuguese friends and not getting his opportunity to speak English.

Garda Declan Condon explained that Mr Pires lived with Hugh Weir, an author of books on the environment, and his wife at their home in Whitegate.

He spent five months helping to care for Mr Weir, who suffers from polio. Garda Condon said Mr Pires earned € 100 a week for his work.

Garda Condon said Mr Pires was due to return to Brazil when his visa expired at the end of July.

Instead, he stole Mr Weir’s credit card and travelled to Dublin where he dishonestly by deception with drew sums of cash from AIB bank. He bought flight tickets from Aer Lingus and Easy Jet, sunglasses worth € 229 and clothes and shoes from stores such Schuh, Top Man and Brown Thomas.

Gardaí arrested the accused at Dublin Airport after the bank notified Mr Weir his card was being used in various locations in Dublin.

The court heard most of the goods were recovered but Mr Weir is still owed € 1,531. Mr Pires has no previous convictions.

Defence solicitor Stiofán Fitzpatrick said his client was ashamed of what he had done.

“He decided to do it in the spur of the moment. He saw the opportunity and he took it,” added Mr Fitzpatrick.

Judge Patrick Durcan said, “This is a very serious matter.” He sentenced Mr Pires to 90 days in prison but suspended the final 86 days, meaning the accused had to spend four days in prison.

Judge Durcan ordered that Mr Pires agree to leave Ireland on his release and not return for five years.

A SPECIAL sitting of Ennis District Court will take place today to deal with alleged drugs offences.

It is the first time the court has sat specifically to deal with alleged offences under the Misuse of Drugs Act.

A total of 69 cases are due to be heard at the District Court, which is due to get underway at 10.30. The cases concern allegations against 34 people some of whom are charged with multiple offences.

In some cases, defendants are facing non-drug related charges.

Pleas of guilty have been entered in many of the cases, while others are due to be contested.

In cases where defendants have pleaded guilty, Judge Patrick Durcan has already ordered the preparation of pre-sentence reports from the Probation Services.

These reports are read and considered by the presiding judge before passing sentence.

The reports often look at a person’s backgrounds and explains the reasons why they may have started using drugs.

The move to hear cases involving a specific category of crime was introduced in Clare this year by the District Court judge for the area, Patrick Durcan.

It is understood that one of the reasons to hear all cases involving drugs offences in one day was to ensure a level of consistency in sentencing, where it applies.

Special hearing days have already been set aside road traffic cases and general crimes such as public order and criminal damage offences.

The move towards specialised hearing days is also an attempt to introduce a greater degree of efficiency into the way criminal cases are heard in the courts in Clare.

CLARE is facing a ticking timebomb with a dramatic increase in the size of the county’s social housing waiting list and reports of a number of people being made homeless be- cause their rent allowance is no longer enough to cover their rents.

According to figures obtained by The Clare People , the number of people on the social housing waiting list has grown from 2,312 in October of 2012 to 3,066 this month.

This represents an increase of more than 32 per cent over the last 20 months and leaves the number of people waiting for social housing approaching an all time high.

This situation has been exacerbated by the recent increase in rental charges within the property market in urban parts of the county, with rent al- lowance payments no longer able to keep pace with the rising rents.

Ironically the news of the shortage of social housing units comes within a week of reports of a record number of properties currently unoccupied in Clare.

THE Judge presiding over the trial of a Clare teacher convicted of indecently assaulting his pupils over a 21year period told the jury they were entitled to convict beyond a reasonable doubt if they accepted the evidence of the complainants.

Judge Gerald Keyes was addressing the jury of seven women and five men at the conclusion of the 11-day trial at Ennis Circuit Criminal Court on Thursday.

Pat Barry (80), of Well Road, Kilkee, was found guilty by the jury of 59 counts of indecently assaulting 11 female pupils at Moyasta National School between 1964 and 1985.

Mr Barry, who served as principal from 1964 to 1989, denied all charges. Prior to the verdicts being returned, Judge Keyes directed the jury to find Mr Barry not guilty on eight of the original 67 counts.

In his charge to the jury, Judge Keyes told them they must “scrutinize” the evidence of each of the complainants especially as this was a case where there was no corroboration or independent witnesses.

He told the jury they must be careful to consider the possibility of “collusion” particularly as this was a case with a number of complainants.

He said the fact the allegations concerned events that occurred between 20 and 40 years ago made the jury’s task all the more difficult.

He noted that the delay between the time of the assaults and the matters being investigated and prosecuted made the case harder to defend than to prosecute.

However the Judge said the law does state that old cases cannot not be prosecuted.

He reminded the jury they must be “much more careful” in their consideration of the evidence.

“You’ve heard the evidence. Apply your common sense”, he added.

Judge Keyes told the jury they must treat each of the 59 counts separately as if they were each separate trials.

“Do not allow yourself to say if the accused did it once, he did it twice”, he said. Judge Keyes told the jury that three types of indecent conduct had been outlined by the women.

He said the behaviour alleged involved girls being called to the front of the class and placed between Mr Barry’s legs as he sat at his desk.

Another type of assault involved the accused sitting beside girls at their desks and touching them inappropriately.

He said the other allegation involved Mr Barry holding girls between his legs while he sat at a high stool.

He told the jury all 12 of them must be satisfied beyond a reasonable doubt that the alleged conduct occurred. He said evidence had been given that Mr Barry was a violent man in the classroom.

The Judge told the jury that this case was not about about corporal punishment or whether Mr Barry was a violent man.

“Don’t let the issue of violence cloud your mind or colour your thinking”, he said.

“This is not the issue in this case”, he added. After the jury returned their unanimous guilty verdicts at 2.39pm on Friday afternoon, Judge Keyes thanked them for their “diligence”, “attention” and “time keeping” over the three weeks.

THERE were emotional scenes at Ennis Courthouse on Friday as a retired teacher was found guilty on 59 counts of indecently assaulting former pupils at a Clare primary school.

Victims wept and embraced each other as a jury returned guilty verdicts against Pat Barry (80), of Well Road, Kilkee.

Barry denied 67 counts of indecently assaulting 11 girls at Moyasta National School between 1964 and 1985.

Judge Gerald Keyes had directed the jury of seven women and five men to find Mr Barry not guilty on eight of the 67 counts.

At the conclusion of the eleven day trial at Ennis Circuit Criminal Court, the jury today returned unanimous guilty verdicts on the remaining 59 counts.

Barry, who has hearing difficulties, sat with his left hand cupped around his ear, straining to hear Judge Keyes for the five minutes it took the Judge to read out the verdicts.

The jury deliberated for five hours and 35 minutes over two days.

They returned unanimous verdicts, 30 minutes after being told by Judge Keyes he would accept majority verdicts in each of the counts.

In the hallway outside the courtroom, the women hugged and wiped tears from their faces.

They declined to comment but one family friend spoke the “huge sense of relief” felt at the end long of the near three week trial.

The trial heard from 19 prosecutions witness including the 11 female complainants.

In evidence, the women detailed how Barry would grope and touch them on a regular basis primarily when they were in fifth and sixth class.

They recalled how Barry would call them to the top of the class and hold them between his legs while he sat at his desk.

The court heard he would press their hands onto his genitals.

Another woman recalled how Barry would squeeze into her seat beside her and put his hand up her shirt and on her private area.

“That was one of his favourites”, she said.

During the first week of the trial, one woman told the jury how, “That man molested me more times than I care to remember”.

The former teacher had been granted anonymity throughout the duration of the duration of the eleven day trial.

But after the verdicts were returned, Counsel for the State, Anthony Sammon SC, told Judge Keyes, it was the “express wish of the complainants” that he now be named.

Barry served as principal at Moyasta National School from 1964 and 1989.

The garda investigation into him was sparked by a complaint made in 2010 by a former student, referred to in the trial as Mr A.

That man has since passed away. Gardaí took 163 statements during the course of their investigation. Barry, who will now be placed on the Sex Offender’s Register.

The case was adjourned to October 28 when a date for sentencing will be fixed.

Barry, who will now be placed on the Sex Offender’s Register, was remanded on continuing bail.