Month: November 2014

A HEROIN addict who threatened to bite a taxi driver in the face if he didn’t give him back the fare has received a three-year prison sentence.

Jonathan Higgins (28) had only just been released from prison when he carried out the robbery against taxi driver Ken Murphy at Ballyliddane West, Sixmilebridge, on June 12, 2014.

At Ennis Circuit Criminal Court on Friday, Judge Gerald Keys imposed a three year prison sentence with the f nal year suspended. Judge Keys said taxi drivers should be able to go about their business day or night without the threat of robbery or violence.

The victim declined the opportuni- ty to submit a victim impact report but Judge Keys said it was reasonable to assume the attack had some effect on the man.

Mr Higgins, with addresses at Brother Russell House, Mulgrave Street, Limerick and Laurel Lodge, Clare Road, Ennis, pleaded guilty to robbing € 50 from Ken Murphy at Ballyliddane West, Sixmilebridge, on June 12, 2014.

Detective Garda David Laing of Shannon Garda Station told the court gardaí received a complaint of robbery from Mr Murphy on June 13.

The court heard that on June 12, Mr Higgins asked the taxi driver to bring him from Ennis to Sixmilebridge.

Mr Higgins originally offered to only pay € 20 but later agreed to pay the full € 35 fare.

He gave Mr Murphy a € 50 note and got back his change. Det Laing said the taxi stopped at the Applegreen shop at Captain Macs cross in Ennis. Mr Higgins went inside and bought tobacco.

Det Laing said that en route to Sixmilebridge, Mr Higgins told the driver he had been in prison.

Det Laing said that when the taxi arrived in Sixmilebridge, Mr Higgins asked the driver to go towards the Killaloe road.

The car eventually ended up at a dead end where Mr Higgins pulled the handbrake and became aggressive towards Mr Murphy.

The court heard that the victim told gardaí, “He was shouting he would do me and bite my face”.

“He put his head over me in a man- ner that he was going to bite me”, Mr Murphy said.

Det Laing said Mr Murphy decided to cut his losses and give Mr Higgins the € 50 note.

The court heard Mr Higgins gave the taxi driver a false name and told him he didn’t care if he called the guards.

Det Laing said Mr Higgins was identif ed from CCTV footage ob tained from the Applegreen store.

Mr Higgins has 34 previous convictions including for burglary, theft, trespass and robbery.

Det Laing agreed with defence counsel Brian McInerney’s statement that Mr Higgins is a “chronic heroin addict”.

Counsel said his client came from a dysfunctional background, started abusing drugs at an early age and spent a period of time living rough.

He said Mr Higgins, who is in custody serving a sentence, is engaging with drug rehab services in prison and is also taking classes in English, art and music.

Counsel asked Judge Keys to take into account Mr Higgins’ admissions and early guilty plea which he said spared the victim having the re-live the trauma of the robbery in a trial.

Mr McInerney said this was a spontaneous crime with no element of planning.

Judge Keys imposed a three year sentence with the f nal year suspend ed on condition Mr Higgins continue drug rehabilitation on his release from prison and obey all directions of the Probation Services.

A BURREN girl, whose pet goat was stolen more than three months ago, is to write to Santa Claus asking for her safe return.

Nine year-old Rosa O’Dea has been searching for her pet goat, Hazel, since she was stolen from a farm close to Carron in mid-August.

According to Rosa’s mother, Regina O’Dea, a number of goats have been stolen in the area in recent month and her daughter is still hopeful that her pet goat may be returned.

“She is still really upset, but she is mad as well. She is quite cross that anyone would think of stealing her goat. She has written to Santa Claus, asking will he be able to help and bring Hazel back,” said Regina.

“We are just hoping that someone will recognise Hazel and get in touch. It’s a long shot we know, she could be anywhere in the country by now. She may have been passed on to people who wouldn’t realise that she has been stolen. Rosa is still really bothered about it and still speaks about it all the time.”

Hazel and a male goat Bill, were both bottle reared by Rosa since they were kids. After searching locally for months, the family are hopeful that someone may recognise the goat and return her before Christmas.

“Rosa bottle reared both the goats. Hazel and Billy, and now Billy just follows everyone around the farm, he just misses Hazel so much.

“He has even followed walkers and gone off the road looking for her. He has never done that before,” said Regina. There is no way that Hazel would have roamed off. She has been there for the past four years with Billy and they stay together all the time. When goats are bottle fed and kept as pets, they don’t tend to stray.

“They took the female goat and left the male – the male would not have been much use to them. We are convinced that she was stolen, this has happened to a lot of people in the area. We’ve heard from a lot of the local people. Besides, she would not have gone on her own – the two of them have been together since they were born and they probably really miss each other now as well.”

Anyone with any information about Hazel’s whereabout is asked to ring Regina on (087) 4143598.

AN organisation that provides assistance to homeless people in Clare says an increasing number of fami lies are seeking their help.

HELP the Homeless and Vulnerable says it has provided food and sup port to three families in Clare in the past 10 days.

The Clare organisation, which helps homeless people in Clare and around Ireland, is holding a number of events in Ennis over the next few weeks to highlight the issue of home lessness.

Volunteers will hold a soup run at O’Connell Square, Ennis tonight at 9pm.

“We are going to have a stand and we will be giving out soup to people that need it.

“We are in touch with quite a lot of people at this time of the year”, a spokeswoman for HELP said.

The event will be followed by a sleep out in memory of the late Josef Pavelka in Ennis town centre on December 22.

In 2013, Mr Pavelka’s plight received national attention when a district court judge described it as a “scandal” that Mr Pavelka was liv- ing in a public toilet in the Market in Ennis. Five weeks after the remarks of Judge Patrick Durcan, Mr Pavelka’s body was found in a lane-way behind Supermacs on Ennis’s O’Connell Street late on a Saturday night.

Mr Pavelka’s remains were buried at Drumcliffe cemetery in Ennis af ter his family did not seek the repa triation of his body.

An inquest subsequently found that the Czech national had toxic levels of alcohol in his system when he died of a heart attack in May 2013.

Volunteers will sleep out in Ennis in memory of Mr Pavelka.

“Its not a fundraiser, its just some thing we’re doing to highlight homelessness and remember Josef.

“There will also be a few musicians playing on the night”, the spokeswoman said.

HELP volunteers will provide Christmas dinner to homeless people at an event in Roslevan on December 25.

Further details are available on the HELP the Homeless and Vulnerable Facebook page.

There are also plans to provide a drop in centre for homeless people in Ennis.

prison off cers were required to quell the latest disturbance that occurred in Ennis Courthouse on Friday evening. Three gardaí and two pris on off cers left the courtroom to pro vide assistance to their colleagues after loud banging and shouting was heard from the cells.

Following the incidents a prison of f cer told the court from the witness box that a man had become “quite agitated and violent” after another man allegedly passed him some ille gal substance while in court. He was subsequently removed from the cell to a prison van.

The court heard that a prison of f cer was accidentally injured during the disturbance.

Flanked by f ve prison off cers and two gardaí, the accused returned to the court. In May, the same man, a Mr Eddie O’Sullivan with a Limer ick address, appeared in court wear ing just his boxer shorts after strip ping in protest at getting chicken nuggets and not a snack box for his lunch, while in custody.

A MAN has been ordered to pay a contribution to charity after pleading guilty to assault at Ennis Courthouse last month.

Ennis District Court was forced to rise shortly after 1.30pm on October 1 when two men became involved in a row at the entrance to the courtroom. John Doherty (51) was arrested and later brought before Ennis District Court where he was charged with assault and engaging in behaviour with intent to provoke a breach of the peace.

Mr Doherty, who previously lived in Ennis but now has an address at Belcamp Lane, Coolock, Dublin, appeared before Ennis District Court again on Wednesday where he pleaded guilty to assault. The breach of the peace charge against Mr Doherty was struck out following an application from the State.

Inspector Tom Kennedy told the court Mr Doherty encountered Michael McDonagh at the entrance to the courtroom and words were exchanged between them.

He said an altercation developed outside the courtroom. He said Mr Doherty threw a number of punches at Mr McDonagh, leaving him with a bruised and swollen face,

Judge Patrick Durcan remarked, “So Inspector, there was a little Punch and Judy show outside?”

Defence solicitor John Casey said his client would say he was provoked on the day. He said a “deep insult” was directed at Mr Doherty as he left the courtroom. Mr Casey said there was a dispute between the families but Mr Doherty had kept out of it.

Mr Casey said his client suffered “horrif c injuries” when he was as saulted in Ennis a few years ago. In 2012, Mr Doherty suffered multiple slash wounds when he was the victim of a vicious knife attack at the Maid of Eireann roundabout.

Mr Casey said his client has suffered from post traumatic stress disorder since the attack and had been forced to leave Ennis because of diff culties that emerged at his housing site. Mr Casey told the court Mr Doherty suffered the loss of his teenage son after he was stabbed in Ennis in 2007. A 19-year-old Ennis man was subsequently convicted of the manslaughter of Michael Doherty (14). The court heard Mr Doherty has two previous convictions for public order offences. In the witness box, John Doherty apologised for his behaviour on the day. “I want to apologise to the court. It shouldn’t have happened.”

Judge Durcan said he accepted the apology. He said Mr Doherty “overacted” but he did not want to give the person who insulted Mr Doherty “an additional scalp” by imposing a criminal conviction.

But Judge Durcan added that the dignity of the court had to be maintained and law and order has to be maintained. Noting the accused’s age, previous good record, the diff culties Mr Doherty has overcome and his commitment to his family, Judge Durcan ordered him to pay € 250 to the court poor box.

A GHANIAN national who collected social welfare payments totalling € 4,160 for a friend who had left the country has escaped a jail sentence. At Ennis District Court on Wednesday, Judge Patrick Durcan said he would impose a community service order on Prince Kuffor (31). Judge Durcan said the option of imposing a maximum sentence of two years in prison, less allowances, was open to him.

However the judge said he did not see why the Irish people and State “should be further indebted to tune of € 1,500 or € 1,600 a week to keep Prince Kuffor in the comfort of one of our prisons”.

Mr Kuffor, with an address at Abbey Court, Ennis, was charged with 26 counts of dishonestly by deception inducing Tony Reddan to pay out 26 separate payments of € 160 by using a social welfare card in the name of Alan Blaise Rukundo.

The offences occurred at Sixmilebridge Post Off ce between Decem ber, 2013, and May 2014.

Inspector Tom Kennedy told Judge Patrick Durcan the charges were replicas of each other and could be treated as one offence. He told the court the accused went to the Post Off ce in Sixmilebridge over the course of 26 weeks to claim social welfare payments for a man named Alan Blaise Rukundo. Insp Kennedy said Mr Kuffor, a father of two, was also claiming his own social welfare payment in Ennis. “Mr Rukundo had left the jurisdiction for some time but had stayed on the books here,” he added. Insp Kennedy said, “Mr Kuffor was benef ting to the tune of € 50 a week for acting as agent for Mr Rukundo.” The court heard the Department of Social Protection is now taking a € 100 a week from Mr Kuffor’s social welfare payment. A total of € 500 has so far been paid back.

Defence solicitor Stiofán Fitzpatrick told the court, Mr Kuffor was approached by Mr Rukundo who said his wife was sick and he had to go with her to Italy for treatment.

Mr Rukondo asked Mr Kuffor to collect his social welfare.

Mr Fitzpatrick said his client believed he was not doing any wrong, particularly as Mr Rukundo came back at regular intervals to sign on.

He said the € 50 payment was to cover Mr Kuffor’s travelling expenses from Ennis to Sixmilebridge.

He said Mr Kuffor, who has resi- dency in Ireland, realised something was seriously wrong when he was approached by gardaí in June.

Judge Durcan said this was “highly organised criminal activity, Inspector, very well organised”. He said Ireland had always been a welcoming country but Mr Kuffor “has completely and f agrantly abused that welcome”.

Having regard to Mr Kuffor’s previous good record, Judge Durcan said he would impose a community sentence order if the accused is suitable for such work. The case was adjourned to December 17 for a pre sentence probation report.

A SHANNON man who admitted stealing a phone at a house party has escaped an immediate jail sentence.

However Judge Patrick Durcan told Kenneth Ryan (21) that he would have no hesitation in sending him to jail if reoffends over the next two years.

At Ennis District Court on Wednesday, Judge Durcan imposed a a two month sentence on Mr Ryan after he pleaded guilty to the theft of a mobile phone from a house in Ballycasey, Shannon on July 27, 2014.

The court heard Mr Ryan, with an address at Tradaree Court, Shannon, committed the offence two months after being placed on a probation bond.

Inspector Tom Kennedy told the court the phone was discovered on Mr Ryan after he was arrested by gardaí for a public order offence in Shannon. The court heard the phone had been stolen from a woman who had attended a house party in the hours prior to Mr Ryan being detected.

Mr Ryan has previous convictions for drugs, criminal damage and public order. Defence solicitor Tara Godfrey said her client developed quite a signif cant problem with alcohol at an early age but has taken steps to address the issue.

“I would say this is very much a falling off the wagon situation”, she added.

Urging the court to be lenient, Ms Godfrey said her client is a young man with a future.

Judge Durcan imposed a two month prison sentence, suspended on condition Mr Ryan enter into a bond to be of good behaviour.

Mr Ryan entered into the bond. Judge Durcan warned Mr Ryan that if he fell off the wagon again over the next two years, he would serve to full two months.

A NEWLY-appointed High Court Judge has said time spent staying in Kilkee ranks among his most treasured memories of working in Clare.

Judge Carroll Moran recalled his time on the bench in Clare on his last day presiding over circuit court business in Ennis Courthouse.

The judge, who has sat in Clare on a permanent basis on the southwestern Circuit since 2004, has been promoted to the High Court.

Yesterday he recalled the period when the circuit court sat in Kilrush to facilitate the re-development of Ennis Courthouse.

Judge Moran said he stayed at the Stella Maris Hotel in Kilkee. He told the court that most people are familiar with Kilkee in the summer but “to be in Kilkee in February is quite an experience” as the Atlantic waves crashed against the cliffs. Judge Moran said he would “treasure” those memories of Kilkee for a long time.

Judge Gerald Keys, the circuit court Judge in Clare, led tributes to Judge Moran, saying, “This court has lost an extraordinary good Judge.”

Judge Keys said Judge Moran’s “appetite for work is quite extraordinary” and set down quite a precedent for others to follow.

Speaking on behalf of the Clare Bar Association, Michael Collins BL, said Judge Moran was a man of “administrative f air”, of “courtesy” and “compassion”.

He said Judge Moran is an “unfathomable font of patience”.

President of the Clare Law Association, William Cahir, said the people of Clare had been well served by Judge Moran’s efforts to reduce the long delays in circuit court lists that had existed in the county in 2002.

State solicitor for Clare Martin Linnane said, “You deserve your elevation judge and I wish you all the best.”

Chief Supt of the Clare Garda Divi- sion, John Kerin thanked Judge Moran for the courtesy he had shown to all gardaí.

He praised the judge for the “humane” manner in which he had dealt with cases. Court off ce manager, Josephine Tone said it had been a pleasure to work with Judge Moran and to see him work.

Judge Moran said he was “overwhelmed” by the compliments and “delightful lies!” he had heard.

He paid tribute to all court services staff, past and present, he worked with and his predecessors on the bench, Judge Kevin O’Higgins and Judge Sean O’Leary.

A TEENAGER who robbed a handbag from a female pensioner in Shannon has been spared a criminal conviction.

At Ennis Circuit Criminal Court yesterday, Judge Carroll Moran applied the Probation Act in respect of the 17 year-old after being told of the teenager’s clean record and “excellent engagement” with the Probation Services. An 18 year-old man, who admitted a charge of handling stolen property, also received the benef t of the Probation Act. The charges arose following an incident at Tullyvarraga Hill, Shannon on July 9, 2012.

At a sentencing hearing in March, Detective Garda Roddy Burke of Shannon Garda Station told prosecuting counsel Stephen Coughlan BL, that an elderly woman was walking on a private footpath when the then 16 year-old came up behind her and snatched her handbag.

The woman gave chase but slipped on a step and fell. She was hospitalised for eight days and treated for a cracked pelvis and chipped hip.

A then 16 year-old pleaded guilty to robbing the woman’s handbag, con- taining € 45. A then 17-year-old boy, with no previous convictions, pleaded guilty to handling stolen property.

Final sentencing in the case was adjourned to allow for the preparation of reports from the Probation Services. Neither of the accused have any previous convictions.

Judge Carroll Moran said, “This was a serious matter. The injured party was 73 years-old at the time and was targeted in a handbag snatch”. He said the woman showed “great fortitude” in giving chase to the accused. He said the targeting of elderly people is a serious matter, that in normal circumstances would warrant serious punishment.

But Judge Moran noted from the report that there had been an “excellent engagement” from the now 17-yearold with the Probation Services.

He said the services are of the view the accused will not offend again.

Judge Moran said he did not want to criminalise this young man anymore than he had to. Neither accused has come to Garda attention since the incident. He applied the Probation Act in respect of both teenagers and. Both accused entered into bonds to be of good behaviour.

TAOISEACH Enda Kenny (FG) will receive a hot reception when he visits Shannon next Monday with hundreds of anti-water charge campaigners expected to take to the streets in protest.Clare Says No To Water Charges and the Right to Water group will host separate protests in Shannon on the day, with the Taoiseach in Clare to open a new facility at Genworth.

In the wake of violent scenes in Dublin over the weekend, both Clare groups said yesterday that they want the Shannon protests to remain peaceful.

“We don’t want to see what happened in Tallaght. We don’t want things getting out of hand or any problems occurring. We want this to be completely peaceful,” said Shannon councillor and member of the Right To Water group, Mike McKee (SF).

“I would condemn any riotous or overly boisterous behaviour. You get that in certain places and I would certainly hope that it will not happen here.

“We would demand that the people who come out keep it peaceful, oth- erwise we don’t want them with us.” These sentiments were echoed by Paul Whitmore of the Clare Says No To Water Charges group, who also announced a third protest march for Ennis on November 29.

“We are planning a peaceful protest. We want to get the message across that Irish Water should be abolished and the powers should go back to the county council,” he said.