Month: November 2014

JAIL terms have been handed to two people involved in a robbery in Ennis that left a woman “terrorised”.

At Ennis Circuit Criminal Court on Tuesday, Congolese national Mao Kimbai (41) received a three-year prison sentence with the f nal year suspended.

His co-accused Clara Chapman (20) received a two year prison term with the f nal year of the sentence suspended. Both were jailed after admitting their roles in an attack on the young woman at the Causeway link Road near Glór in Ennis on January 18, 2014.

Mao Kimbadi and Ms Chapman forced the woman to hand over her handbag after she was told Mr Kimbadi was holding a knife.

The court previously heard the woman did not see the knife but could feel something poking into her back.

The incident was reported to gardaí within minutes and Mr Kimbadi was arrested a few hours later in possession of a kitchen knife.

Both accused were heroin addicts at the time and Ms Chapman later told gardaí the pair were looking to “rob someone for a bag of heroin”.

Kimbadi, with a former address at Laurel Lodge, Ennis, and Chapman, with an address at Harbour House, Woodquay, Ennis and former address at Banner Lodge, Ennis both pleaded guilty to robbery of a handbag at the Causeway Link Road, Ennis on January 18.

Mr Kimbadi admitted a further charge of possession of a knife at Clon Road, Ennis on January 19.

Mr Kimbadi has 18 previous convictions and Ms Chapman has four previous convictions for theft and drugs offences.

Imposing sentence, Judge Gerald Keys said an aggravating factor in the case was the fact the robbery “was a joint enterprise and violence was used”.

Judge Keys noted a knife had also been threatened.

He said it was clear from the evidence of Garda Denis Stack the victim was “terrorised” by the accused’s actions.

Judge Keys noted the pair, Kimbadi amnd Chapman had also expressed remorse for their actions.

Judge Keys said Mr Kimbadi had claimed Ms Chapman was the main protagonist in the robbery.

But Judge Keys said that bearing in mind the age gap between the parties, it was his belief that Mr Kimbadi was the most culpable.

He imposed two concurrent three year sentences on Mr Mr Kimabdi with the f nal year suspended. Ms Chapman received a two-year sentence with the f nal 12 months suspended.

Referring to the pair’s drug addiction, Judge Keys said;

“I believe that if more resources were put into people who become addicted to drugs, the number of cases (coming before the courts) would fall rapidly”.

TWO men have pleaded guilty to assault charges arising from a violent feud related incident in Ennis when a father of 10 lost part of his f nger. Bernie McDonagh Snr (47) suffered multiple injuries including the loss of half of his right ring f nger when he was viciously assaulted by three men at Market place, Ennis on May 18, 2010.

The incident developed after Mr McDonagh drove to Ennis National School to collect his children at 3pm.

He was followed to the school by three men in a black Toyota Avensis. The three men launched an attack on Mr McDonagh’s vehicle.

McDonagh drove furiously away from the front of the school and ended up driving the wrong way into the market area of the town, coming to halt in heavy traff c and very narrow ly avoiding a collision.

Mr McDonagh’s 14-year-old son, f ve-year-old daughter and baby granddaughter were in the car throughout the course of the incident.

The group traveling in the Avensis caught up with Mr McDonagh in the Market where they launched another attack on the car.

Mr McDonagh was driven to Ennis hospital by his 14-year-old son.

One of the perpetrators received a three-year prison sentence at Ennis Circuit Criminal Court in May 2011 after pleading guilty to assault causing serious harm.

The two other men involved in the attack appeared before Ennis Circuit Criminal Court on Tuesday.

Their respective barristers told the court a jury would not be required and their clients could be put forward for arraignment. Michael McDonagh (34), with an address at Kilcruttin Halting Site, Kilcruttin, Tullamore, Co Offaly, pleaded guilty to intentionally or recklessly causing serious harm to Bernie McDonagh at market place Ennis on May 18, 2010.

Anthony McDonagh (28), with an address at Ardreigh Walk, Dun Brinn, Athy, Kildare, pleaded guilty to assault causing harm to Bernie McDonagh on the same date and location. Counsel for the State, Stephen Coughlan said those pleas were acceptable to the Director of Public Prosecutions (DPP) and the case now becomes a matter for sentence.

Counsel for Michael McDonagh, Mark Nicholas said his client is a 34-year-old man with no previous convictions who “stupidly got involved” in this incident.

He said a report from the Probation Services would be help Judge Gerald Keys get a proper prof le of Mr Mc Donagh prior to sentencing.

Counsel for Anthony McDonagh, Pat Whyms, also requested a probation report for his client.

Judge Keys ordered probation reports for both accused and remanded them on bail to appear in court on January 12, 2015 when a date for sentencing will be f xed.

PATIENTS referred to speech and language therapy or physiotherapy services through the public health system by their GPs are not receiving the required treatment because they are residents at an Ennis Mental Health unit.

This inequality in services provided to residents at Cappahard Lodge emerged during an unannounced inspection of the 32-bed unit by the Mental Health Commission on July 10.

“It is unacceptable that a public service will not accept a referral for a speech and language therapy assessment or a physiotherapy assessment simply because the persons referred are patients of a mental health service,” the inspectors said in their report.

Eight residents, who had been referred by their GP to avail of speech and language therapy services, and one resident, who had been referred by their GP to avail of physiotherapy services, had to pay for them privately.

“In this regard, there appeared to be an inequity of service provision afforded to mental health patients, in that residents of the approved centre did not have access through the public health system to speech and language therapy and to physiotherapy, despite being referred to these services by their GP,” the inspectors found.

Inspectors Sean Logue, Assistant Inspector of Mental Health Services, and Dr Fionnuala O’Loughlin, Assistant Inspector of Mental Health Services, recommended that resident of Cappahard be provided with the services through the public health system, as required.

The inspectors also found that the unit was in breach of the condition of its registration, which required that it be fully compliant with Article 15 of the Regulations Individual Care Plans. They found that a signif cant number of residents had not had a six-monthly physical examination carried out and in some instances; this had been due for over three months.

According to the inspectors’ report deaths had not been notif ed to the Mental Health Commission within a 48-hour period as required.

The report also stated, “The premises were clean, warm, adequately lit and well ventilated, and had been recently painted and decorated.”

THE Mental Health Commission pointed to a number of concerns it had relating to the 39-bed Acute Psychiatric Unit (APU) located in Ennis Hospital.

Following an unannounced inspection in July, inspectors for the commission were concerned about the individual plans for the 38 patients resident in the unit on the days of the inspection.

Admitting there was evidence of improvement in the individual care plans since the inspection of 2013, the inspectors said many of the Individual Care Plans did not specify the interventions to be carried out, and did not specify which member of the multidisciplinary team was tasked with this aspect of the care plan.

The inspectors also found that the unit was not suitable for children, although it has taken in minors on the permission of parents.

The inspection report also raised concerns that not all staff had been trained in the use of physical restraint.

The structure of the ground level unit was also cause for concern.

“The interior decoration of the unit was in need of attention, with evidence of peeling paint, missing f oor

SECURITY guards at Clare’s only acute psychiatric unit have physically restrained patients without any medical support or direction.

Mental health inspectors were “alarmed” to learn that security personnel at the Acute Psychiatric Unit in Ennis Hospital “had been the only people involved in restraint of residents” on four occasions.

Dr Fionnuala O’Loughlin, Assistant Inspector of Mental Health Services, and Sean Logue, Assistant Inspector of Mental Health Services, made the discovery during an unannounced inspection of the 39-bed Acute Psychiatric Unit (APU), on July 8 and 9 last.

According to the report by the Mental Health Commission on Friday the inspectors were concerned at the use of security personnel in the practice of physical restraint in this centre.

Two security guards have been employed at the acute unit for the last three years, specif cally to assist in the management of one patient.

This is estimated to cost € 400,000 per annum. Member of the HSE West Forum and former psychiatric nurse Cllr Tom McNamara said that this situation is not benef ting anyone. “He should be in a psychiatric intensive care unit where his needs could be met,” he said adding that the Government’s Mental Health Paper ‘Vision for Change’ had proposed four of these units for the country.

“What they are spending on security would go a long way to staff ng a proper unit where this patient’s needs would be met and people would be trained to take care of him,” he said.

According to the inspectors’ report published at the end of last week, this patient was no longer a detained patient at the time of inspection.

“There was now an anomalous situation whereby security personnel were employed in respect of a voluntary resident,” the inspectors reported. “In addition, it was clear that the security personnel, on duty at all times in the approved centre, engaged in the physical restraint of other residents and ordered and initiated the practice in some instances.”

The inspectors reported that they found it “alarming” that in some instances the security personnel had been the only people involved in restraint of residents, “as documented in the Physical Restraint register”. “This signif ed a serious lack of knowledge by the service in respect of the Code of Practice on the Use of Physical Restraint.”

The report recommended that if the hospital was to continue to use security personnel there must be a policy, which clearly outlines their role and scope of activity.

“Physical restraint must only be initiated and ordered by registered medical practitioners, registered nurses and other members of the multidisciplinary care team,” it stated.

A FORMER student convicted of threatening to kill an Ennis-based dentist last week sought to take up an offer to reduce his three-year prison sentence.

But at Ennis Circuit Criminal Court on Tuesday, Judge Gerald Keys told solicitor for Eoin Hannan (41) that his hands were tied with respect to the application.

Judge Keys said he did not have jurisdiction to deal with Mr Hannan’s application after being told Mr Hannan has lodged an appeal with the Court of Criminal Appeal.

In March a jury unanimously found Eoin Hannan guilty of threatening to kill a dentist at his practice in Merchant Square, Ennis, on May 11, 2012. Mr Hannan, with former ad- dresses at Kilrush Road, Ennis, and Shear Street, Kilmallock, Ennis, was also found guilty of two counts of engaging in behaviour with intent to provoke a breach of the peace.

The jury at Ennis Circuit Criminal Court acquitted the accused of making a threat to burn down the practice. Mr Hannan had denied all charges, which arose from visits he made to the surgery on May 10 and May 11, 2012.

At his sentencing hearing in March, Mr Hannan received a three-year prison term but Judge Keys said he would suspend 15 months of the sentence if Mr Hannan agreed to enter a bond to be of good behaviour, abide by the directions of the Probation Services, abstain from alcohol and take his medication.

Mr Hannan asked to leave the court to consider the offer and when the case resumed, barrister Michael Collins, who acted for Mr Hannan at his trial, told the court Mr Hannan continued to protest his innocence and did not want to enter into a bond.

At Ennis Circuit Criminal Court on Wednesday, Mr Hannan sought to enter the bond to have the sentence reduced.

Mr Hannan was represented in court by solicitor Daragh Hassett.

Judge Keys told Mr Hassett he did not have jurisdiction to deal with the application as Mr Hannan had already lodged an appeal to the Court of Criminal Appeal.

“As far as I am concerned, my hands are tied,” The judge said.

Counsel for the Director of Public Prosecutions (DPP), Stephen Coughlan, told Judge Keys that in relation to this matter the only order he could make was no order.

A 25 YEAR-old Clare man who sexually assaulted a 12 year-old girl in as she slept in bed has been told he is “extremely fortunate” not to be going to prison.

The man received a two year suspended sentence at Ennis Circuit Criminal Court on Friday after previously pleading guilty to sexually assaulting the girl at the home of his former partner’s house in west Clare in February 2012.

Details of the assault were heard at Ennis Circuit Criminal Court in June. The 12-year-old victim stayed in the house on the night in question to baby-sit the woman’s young child. The man and the woman were in the house drinking.

Garda Suzanne McHale told the court the accused and the woman were staying in one bedroom and the victim and the child were asleep in another bedroom.

The court heard the accused got up that night to go the toilet. Garda McHale said that when he came back he entered the complainant’s room and got into bed beside her. Garda McHale said the victim said the man asked if he could “shift her”.

She said the girl said the man started kissing her and put his hands on her body.

Garda McHale said the man left the room after the girl persistently asked him to leave. The court heard the man had consumed a lot of alcohol on the night.

He later told gardaí that he thought he was going back to the room he had been sleeping in. He said he realised he was in the wrong bed when he started kissing the girl.

Defence Counsel Isobel Kennedy (SC) said the two adults in the house had consumed a large amount of alcohol on the night.

She said the room in which the victim had been sleeping in on the night was the one her client and his then partner ordinarily slept in.

Sentencing was adjourned to last week when a victim impact report was handed into the court.

The victim, who was not in court, stated she had “self-harmed” since the incident and attempted suicide. The court heard she felt “vulnerable” around men and was unable to attend school for a period.

Passing sentence, Judge Keys said, “Sexual assault is a very serious offence and can leave a person seriously scarred”.

Judge Keys said the mitigating factors in the case were the accused’s early plea, which was a relief to the victim, and his lack of previous convictions. He also noted there is no risk, or any evidence, to suggest the man will re-offend. Judge Keys said that had the matter gone to trial a jury could have found the man made a genuine mistake.

Imposing a two year suspended sentence, Judge Keys said the circumstances in this case were particularly “unusual”.

“I accept you are deeply ashamed of what happened”, he added. Addressing the accused, the Judge said, “You can regard yourself as an extremely fortunate person to be not going to jail”.

A FORMER pupil of disgraced retired principal Pat Barry has urged victims to have the courage to come forward and help expose abusers.

The woman called on victims of abuse to speak out. “Lets not keep their dirty secrets in the dark any longer”, she said.

Her statement was one of eight powerful victim impact reports heard in Ennis Circuit Criminal Court on Friday.

At the sentencing hearing, the women recalled how their lives were ruined by Barry, who was convicted on indecent assault in July.

One woman recalled the “fear” “terror” and “humiliation” she felt in her childhood.

Another woman said Barry’s abuse made her feel “dirty”. “I was extremely embarrassed by it all”. “He terrorised and molested me for years”, she added.

The woman described the former principal of Moyasta National School as the “vicious wolf who would lie in wait for me every day”.

A woman, who read her statement in court, became emotional as she detailed the dreadful impact the abuse had on her life. “I’m glad Mr Barry has been exposed for the sexual predator he is”.

Another woman said she will never forgive Barry but is glad she can close this “horrible chapter” in her life. A victim told the court her childhood was shaped by “shame”, “guilt” and “powerlessness” because of the abuse.

“I am proud of myself and the oth- er women for having the strength to face the court and tell our story”, she added.

One woman said, “Forty years have gone by and I’m still hurting”. She said the fear of being roughed up or “touched” in Barry’s class was terrifying.

The women also thanked Kilrush based Detective, Oliver Downes, who took up the investigation into Barry.

In July, following a three-week trial at Ennis Circuit Criminal Court, Pat Barry (80) was convicted by a jury of 59 counts of indecent assault.

Barry, with an address at Well Road, Kilkee, denied 67 counts of indecently assaulting 11 girls at Moyasta National School between 1964 and 1985.

Trial Judge Gerald Keys had directed the jury of seven women and f ve men to f nd Mr Barry not guilty on eight of the 67 counts. At the conclusion of his 11-day trial, the jury returned guilty verdicts on the remaining 59 counts. Det Gda Downes conf rmed to Roderick O’Hanlon (SC), for Barry, that no further charges are pending against Mr Barry. In his plea of mitigation Mr O’Hanlon said that for a period of 35 years since his retirement in 1989, “the defendant has lead a life from which no charges have arisen, none are pending before the court”. The court heard Mr Barry suffers from tinnitus and high blood pressure and stress related nose bleeds. The court heard the accused has no previous convictions and taught at a primary school in Wicklow from 1952 to1954 before joining Kilkee boys national school in January 1957. He took up the role of principal in Moyasta NS in July 1969.

He served on the board of the O’Curry’s Summer School for Irish in Carrigaholt and was actively involved in the local history projects.

A number of testimonials on Mr Barry’s behalf, including one from local Church of Ireland Rector, Canon Bob Hanna, were handed to Judge Gerald Keys.

Judge Keys said he required time consider the new documents submitted to the court so he could come to a “fair and just judgement”.

The case was adjourned to tomorrow (November 12), for mention when a date for sentence is due to be f xed. Mr Barry was remanded on bail.

SHANNON Airport continues its remarkable rise from the ashes with an unprecedented 30 per cent increase in passenger numbers last month.

New passengers number released yesterday show a year-on-year increase of more than 28 per cent, compared to October of 2013. This represents the largest percentage increase ever recorded in Shannon and comes on the back of consistent growth since the airport gained independent from the Dublin Airport Authority (DAA).

Having been on the verge on being passed out by Knock Airport, and downgraded to Ireland’s fourth choice airport just 20 months ago, Shannon Airport looks set to overtake Cork Airport and reclaim the title of Ireland second airport.

The biggest increase in passengers coming through Shannon came from its European services, which were up an incredible 111 per cent per cent when compared to the same month in 2013.

A total of 42,950 European passengers used Shannon Airport last month – more than double the 20,347 who used the airport in October of 2013.

Transatlantic passengers were up by 15 per cent, from 23,511 in October 2013 to 27,108 last month, thanks in the main to the increased frequency across New York and Boston services.

Shannon’s biggest market, the UK, also grew by 6 per cent last month from 61,681 to 65,243.

“It’s been a really great summer season for Shannon and f nished out with a very strong October. A very encouraging aspect to the growth is that there were gains across our three main markets, Europe, the UK and US,” said airport CEO Neil Pakey.

“Increases in European services are particularly strong thanks to the nine new services this summer season but the US also performed very well as a result of greater frequencies. It was also heartening to see growth on UK services as this is the strongest market for Ireland and a 6 per cent growth month-over-month is quite signif cant. “We have new winter services this year to Berlin, Bristol, Fuerteventura, Krakow, Paris and Warsaw. These, together with our other winter services, provide a really strong array of destinations for weekend or winter sun breaks as well as for business travellers.

“It’s good news also for the region as our winter schedule this year has really good options from an inbound perspective, which is particularly good for tourism operators here as there is a really good winter break offering across the West of Ireland.”

AN ELECTRICIAN has pleaded guilty to theft offences arising from the unauthorised use of a bank card for online gambling.

Killian Torpey (26) used a bankcard belonging to his girlfriend’s mother for a series of online transactions in 2012.

At Ennis Circuit Criminal Court on Tuesday, Mr Torpey, with an address at Mahonburg, Inch, pleaded guilty to 15 sample counts of theft between June 14, 2012, and November 22, 2012.

He admitted stealing various cash amounts totalling € 1,900 from Mary McNamara at a place unknown within the State. Mr Torpey was originally charged with 155 counts of theft of cash amounts totalling € 23,474.

In court, prosecuting counsel, Stephen Coughlan told the court the pleas of guilty to the sample counts were acceptable to the DPP on a “full facts basis”. Counsel said the sen- tencing hearing would be lengthy as the facts of the case would take some time to hear.

Defence counsel Lorcan Connolly said considerable admissions will be made and maybe a “global approach” could be adopted at the sentencing hearing.

Mr Connolly added, “the offences in this case in essence relate to the unauthorised use of a bank card for online betting and the injured party is the mother of Mr Torpey’s girlfriend”. The court heard Mr Torpey is a qualif ed electrician with no pre vious convictions. Counsel said he would be calling his client’s employer to give evidence but said this person was currently in America. He said he understood Ms McNamara is also out of the country. “It’s somewhat of an unusual case, as you have may have gathered so far Judge,” Mr Connolly added. Judge Gerald Keys adjourned the case to November 18 when a date for sentencing will be f xed. Mr Torpey was remanded on continuing bail.