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MARGUERITE O’Dwyer was ly- ing on the couch, smiling, when her brother approached her with a ham- mer and repeatedly attacked her.

Patrick O’Dwyer told gardai that the two were watching television on Monday evening, November 29, 2004, when he left the sitting room to go into the kitchen.

“At about 11.30pm, I just remem- bered going out to the kitchen. I took the hammer out of the press. Marguerite was lying on the couch. She was smiling at me. She thought I was messing. I would often be messing with her with a hurley and things. I swung the hammer and hit

her on the head five or six times. I hit her on the chest,” he told gardai. He said his sister wasn’t scream- ing. She was alive. He then got a knife from the kitchen and a Scis- sors from the bathroom and started jabbing her to the ribs and legs. At that stage she was on the ground.

He later went down town, before returning to the house and drinking a half can of beer. He went upstairs and stuck a blade into a vein on his left wrist and hit himself to the head a few times with a hammer.

He brought firelighters upstairs and considered setting fire to the house.

He said he did not realise the sig- nificance of what he had done until

the following day when he touched his sister and her head was cold. He then went to Ennistymon garda sta- BLOyEE

He said he originally got the ham- mer to hit himself as he felt he had made “a fool” out of himself the previous Saturday night, by drink- ing excessively.

The court heard that when the ac- cused arrived at Ennistymon garda station on the afternoon of Novem- ber 30, he showed a garda a cut to his head and mark to his wrist. The garda noted that he had a mark on his nose.

Garda Alan Keane went to O’Dwyer’s home, where he found the young woman’s body in the sit-

ting room.

He said there was a considerable amount of blood on the floor and the woman was lying down, face up.

A white blanket covered her legs and there was no sign of a pulse.

Under cross-examination by the accused’s barrister, Patrick Gage- by, SC, the garda admitted that the scene was “shocking”.

Sergeant Brian Howard told the tri- al that, after the accused arrived at the local garda station, gardai were concerned about his health. He was taken to Ennis General Hospital.

A senior psychiatrist assessed him and concluded he “had not psychiat- ric problems and was not a danger to himself”.

THE issue of diminished respon- sibility 1s a central part of the case and it will be up to the jury to decide if Patrick O’Dwyer suffered from a mental disorder when he killed his sister, according to the prosecution. Outlining the facts of the case, sen- ior counsel for the prosecution, John Edwards told the jury of six men and six women that Marguerite O’ Dwyer was a 17-year-old Leaving Certifi- cate student at the Convent of Mercy, Ennistymon, and her brother Patrick was a 19-year-old apprentice butcher

in the town.

The two were staying on their own in the family home at Shrohill, En- nistymon, on November 29, 2004.

Their sister Louise was in Galway — where she was a university student — and their parents were on a week- long holiday in Gran Canaria.

Mr Edwards said that at 2.40pm on November 30, Patrick O’ Dwyer walked into Ennistymon garda sta- tion and said he had killed his sister.

Mr Edwards said gardai went to the O’Dwyer home and found a body in the sitting room.

State Pathologist Dr Marie Cas-

sidy carried out a post-mortem ex- amination on the deceased’s body and found she died from blunt force trauma to the head, as a result of six blows.

“This type of injury would cause rapid death and it was irrecoverable,” he said.

He said Marguerite had sustained at least 90 stab wounds to the head, trunk, legs and body. Many of the wounds were sustained after the young girl had been immobilised and possibly dead.

Mr Edwards said the accused ad- mitted causing the injuries from

which his sister died.

‘Marguerite O’Dwyer was hit over the head viciously with a hammer on a number of occasions. Stab wounds were perpetrated on her body with a scissors. There were 90 odd stab wounds. It’s the State’s case that if you hit somebody over the head re- peatedly with a hammer, the natural probable consequences of that is that you are going to kill the person or seriously injure. It’s the State’s case that Patrick O’ Dwyer intended to kill her,’ he said.

“You may hear evidence that will seek to rebut that. It 1s the prosecu- tion’s case that this was murder and nothing else. What is likely to be a central issue in this case 1s whether or not the accused was a person of diminished responsibility. Up until recently, there was no case in Irish law of diminished responsibility. If a defence of diminished responsibil- ity is canvassed, that will be a matter for you to consider. I understand that it will be canvassed. You have to be satisfied that Patrick O’Dwyer com- mitted the act alleged and you have to be satisfied at the time he suffered from a mental disorder.”

“The issue for you is to decide whether this is a crime of murder or a crime of manslaughter,” said Mr Edwards.

THE issue of farming pensions was back on the discussion table last week as the IFA called on an all-par- ty agreement on pensions for exclud- ed PRSI contributors ahead of the election. Following the publication of the report and recommendations from the Human Rights Commission on State pension eligibility for eld- erly self-employed people, the farm organisation called for an all-party agreement to implement the recom- mendations of the Commission.

“It has been a clearly unfair system

whereby a group of self-employed people were obliged to make PRSI contributions from 1988 onwards, but were ineligible to draw down a pension if they were aged 56 or over when compulsory social insurance was extended to the self-employed,” said IFA President, Padriag Walshe.

“While a limited concession was introduced in 1999 when people with over five years’ contributions were eranted a half pension, the remain- ing group have been excluded.”

“T strongly welcome the recommen- dation of the Human Rights Com- mission that a pension at a reduced

rate should be paid to those elderly people who contributed PRSI on the expectation of receiving a pension but were denied by reason only of their advanced age.

“Farmers make up the single larg- est group of self-employed, and IFA has highlighted this anomaly in eve- ry pre-budget submission in recent years. We have sought a 75 per cent pension for those in the 56-61 age bracket in 1988, and a 50 per cent pension for those aged 61—66 at that nnealee

“Bearing in mind that the group who have received no pension to-

date despite paying PRSI are now 80 years of age or over, I expect that both the Government and the oppo- sition parties will come out quickly in support of the recommendations of the Human Rights Commission to pay a pension at a reduced rate; also I propose that the pension be back- dated at least to 1999 when the half pension was introduced for some of the over 56 category”.

“The Commission’s report 1s very thorough, and a particular acknowl- edgment must go to the elderly Don- egal couple who brought the issue to the Commission.”

IN an astonishing pre-election move, the Labour Party last week declared virtual war on Irish farmers through the publication of a new bill on the controversial issue of hill walking.

The bill, which among other thing proposes automatic access to land that is 150 metres or more above sea level, was proposed by party spokesperson for Enterprise, Trade and Employment, Ruairi Quinn, and prompted outrage from the farming organisations.

The former party leader subse- quently accused the farming organi- sation of failing to read the bill prop- erly and of a ‘knee-jerk’ reaction.

“This is ridiculous. All the major

stakeholders are working through Comhairle na Tuaithe to solve the problem of access. It is important that the Labour Party realise that this 1s- sue 1s far more complicated and sen- sitive than the bill would suggest,” said the ICSA’s sheep vice chairman, Gree mOsebenr-vanter

“It is fine for Labour to say that people should be able to access the countryside, and most farmers are hugely tolerant of this, but to give them the right is a completely differ- ent matter. People who own land, and have paid for it, are entitled to refuse access if they want to, and the idea that they would have to appeal to An Bord Pleanala to uphold their prop- erty rights is ludicrous.”

Meanwhile, the IFA’s Hill Farm-

ing Committee Chairman, Neilie O’Leary, said the Labour Party’s draft bill was a clear contravention of property rights and will have wider implications for property ownership throughout the State.

“The Labour bill is tantamount to nationalisation and I’m amazed by the presumption of rights of access over private property. I’m particular- ly disgusted by the Labour Party’s at- tempts to trample on the livelihoods of hill farmers by trespassing on their property, which in many cases is their sole source of income,” she Sr HKGE

“IT would like to see Ruairi Quinn legislate for public access to his front garden on Sandymount Green, or Liz McManus for her front garden on the

seafront in Bray.”

Responding to the criticism, Deputy Quinn, described criticism to the bill as short sighted and ill-informed.

“Some of the criticism is so wide of the mark as to suggest that the farm- ing representatives have not read either the Bill or the accompanying documentation we _ published last week,” he said.

‘The whole purpose of the Bill is to allow the tens of thousands of people who go hill walking in this country reasonable access to upland areas while at the same time ensuring that farmers are not exposed to undue risk in terms of public liability issues.”

AN Ennistymon man who was jailed last month for life for murder has been jailed for four and a half years for a firearms offence.

John Collins (51), of Francis Street, Rathealy Road, Fermoy, County Cork, and who is originally from En- nistymon, was found guilty in March of murdering boxing coach John Ma- hon, in Cork, on February 12, 2006.

At the Central Criminal Court in Dublin yesterday (Monday), Mr Justice Kevin O’Higgins 1m- posed two four-and-a- half year jail terms, to run concurrently, for possession of a firearm and ammunition.

Darotee Counsel John Edwards, SC, told the court that his client has had a long history of alcohol abuse and the case re- lated to a “long-standing grudge”’.

“Mr Collins was not normal in the sense as we accept it. He was not thinking in a normal way,” said Mr Edwards. He said his client was “frank and forthright” in his state- ments to gardai.

“Whatever was going on in his head, it was not a case that he set out to cause hurt and upset to the deceased’s family or indeed to cause hurt to the deceased. Something overtook him. It 1s all to do with his

drink problem,” he said.

‘He is remorseful. He cannot turn back the clock. In all the circum- stances I would ask you to be as leni- ent as you can in this case,” he said.

Mr Justice O’Higgins said it was difficult for the court to divorce the charges faced by the accused yester- day with the murder charge.

He said to Collins, “You have been convicted of murder. You have been sentenced in relation to that. In some ways, the knowledge of the back-

eround makes sentenc- ing more difficult. The possession of a fire- arm 1S a very serious offence and carries a penalty of 10 years,” he said.

He said there were a number of mitigating factors involved, in that Collins co-oper- ated with gardai and showed gardai where

the firearm and ammu- nition were.

He said he was also taking into account that Collins was a “chronic alcoholic”’.

“In all of the circumstances, I have to deal specifically with these charg- es on their own merits and not in as- sociation with the murder charge,” said the judge. He backdated the sen- tence to February 2006.

LIFFORD played the Tipperary League in an under 16 friendly over the Easter break and it was the Clare side that emerged victorious on a 1-0 scoreline.

Lifford took the lead in the first half through Toni Lagan. Naomi Carroll hit a rasper of a shot which the keep- er parried. Lagan was lurking in the area and was quickest to react. She pounced on the loose ball, making no mistake from close range.

Lagan and Lifford came close to doubling their lead a few minutes later. She was one on one with the keeper who made a good save.

Captain Cathy Hayes and Niamh O’Dea were outstanding at the heart of the Lifford defence — in the cen- tre half and sweeper positions re- spectively. Laurie Ryan, Caitriona Hennessy and Ashling Darcy were equally as outstanding for the away side.

THE Republic of Ireland schools

team participated in the Celtic Na- tionals Schools’ Championship fea- turing Scotland and Wales and fin- ished in top spot.

There was Clare interest in the form of Naomi Carroll who started against Scotland and come on as a 35th minute substitute against Wales. Maria McMahon also made the squad but had to withdraw due to injury

IRELAND have failed to qualify for the Elite Phase of the under 19

Championships after losing to France in their final group two match.

It started off brightly for the Irish, recording two 1-0 victories over Por- tugal and then the Netherlands with Aine O’Gorman and Diane Caldwell netting the all-decisive winners.

Ireland faced France in their final eroup encounter and with France’s superior goal difference Ireland knew they needed to take all 3 points. De- spite putting in a brave performance they succumbed to a 2-0 defeat, both of the goals coming in the first half.

Each of the group winners takes their place in the finals in Iceland along with the best runners up. Ire- land completed their group in second place with six points and were denied the latter spot by Italy, who qualify with 7 points.

Jennifer Critchley of Lifford was on the squad and played a part in all three games.

She was in the starting line up against Portugal and the Netherlands and she came on as a half time sub- stitute in the game against France.

FAI chief executive John Delaney laid out the vision for underage soc- cer in Clare saying such programmes would a true reflection of the work carried out by the FAI. In his first visit as FAI supremo to Ennis Dela- ney officially kick started the proc- ess that will eventually see a full time County Development Officer appointed to Clare.

The officer will co-ordinate the development of soccer at grassroots level by working closely with clubs, schools, Ennis Town Council and Clare County Council.

Addressing league officials, play- ers, politicians and coaches Dela- ney outlined the vast level of work carried out by the sport’s govern- ing body. In total the FAI caters for 450,000 people a week. The number of coaches now stands at 17,500. By the end of 2007 it is anticipated that a 100 technical staff will bee in situ at the FAI’s new centre of excellence in Abbotstown.

He hailed the work being done by local volunteers as “extraordi-

nary’ and also heaped praise on the achievements of Clare’s Oscar Traynor team.

Speaking after wards Delaney ex- plained how the County Develop- ment Officer would lead to more fo- cused player development.

He said, “That individual will work with the club, the kids, schools devel- oping a mass participation level. The best players will come through at the top. Their role is very much based on getting participation and tackling anti-social issues like obesity, alco- hol abuse/ drug usage, getting girls active in the game. By doing that, the better players will come through always, but soccer in this country is not about the elite level, it’s about participation for everybody who lives TbO MO etemexelbbeL nm aes

Delaney has strong Clare connec- tions. His wife Emer is from Ennis. He counts Clare’s unforgettable All- Ireland win in 1995 as among his fa- vorite sporting moments.

“My wife is from Ennis. Her father was Paddy O’Dea, I think he played football for Clare. Her first cousins were Seamus and Colm Clancy who

won that famous game in 1992 when they won that Munster football final. Her aunty Kitty played in the Kil- fenora Ceili band. My father’s moth- er was a Darcy from Ennis. I used to spend two or three months of my summers in Kilkee. Every summer we’d go to Kilkee for maybe 16 or 17 years of my life. Probably one of my most memorable days outside of soccer would have been 1995 when Clare won the All-Ireland. I was there with Emer, her brothers and her mother and Dad. That was a fantas- tic day. In terms of a sporting occa- sion, to see Clare win an All-Ireland, I don’t think they’d won one since 1914. They’d won the Munster final in 1932 but got beaten by Kilkenny. I think when they won in 1914 Michael O’Hehir’s father was the manager”.

On qualification for the Euro- pean Championships the former St Michaels clubman was cautiously optimistic. He believes the public must be patient.

“You must remember we were a fourth seed going into the group so that means you should finish fourth de facto. That’s not what we are aim-

ing to do. I think everybody should realize we are in transition from where we were. Some of the older players have retired since 2002. I’m very much encouraged by, like I think everybody in the country is, by young Hunt, he scored again for Reading today, Shane Long, Paul McShane, Kevin Doyle, young Darren Gibson who is at Manchester United and on loan at Antwerp, Terry Dixon at Spurs, Billy Clarke from Cork who’s with Ipswich, young McCarthy who’s with Hamilton his grandfather was from Donegal. I think there are a lot of very good players coming through. I think patience is required as we bring those players through. The omens are good”’.

ALL-IRELAND glory came to Clare handball on the double on Saturday as Clare handball played the genera- tion game to stunning effect in Moy- cullen on Saturday evening last.

In the winners enclosure were O’Callaghan’s Mills doubles pair Conor and John Cooney while vet- eran John Kirby of the most famous handball clan of them all added an- other title to his name.

The Cooneys claimed the Under 21 Doubles titles with a hard-earned victory over Mayo’s Dara Reid and Ciaran Burke while Kirby’s latest hour of glory came in the Diamond Masters A Singles.

The doubles final went to a tie- breaking third game, after the open- ing two games were shared. The Cooneys won the first by 21-16, but were taken to a third game after go- ing down 21-16 in the second. How- ever, they came good again in the de- cider to win comfortably by 21-8.

Then Kirby showed that his skills remain undiminished by the years When beating Roscommon’s Pat Clarke by 21-7, 21-17. At the same venue, Lousie Hayes of Tuamgraney put in a fantastic performance in the All-Ireland Junior Ladies singles fi- nal but in the end was just edged out by the single ace by Mayo’s Pauline Gallagher.

Meanwhile, in the Girls Under 17 Singles, Kate Lynch received a bye into the All-Ireland final, as did Ais- ling Fitzgerald and Edel O’Grady in Under 17 Doubles. The coming weekend will be another big one for Clare handballers and handball fol- lowers.

Cappagh in Limerick will the be the place to be on Saturday at 5.30pm as Tuamgraney’s Niall Malone and Di- armaid Nash face Niall Smyth and Ger McGrath of Kilkenny in the All- Ireland Minor Doubles final.

At Crinkle in Offaly on Sunday at 2.00pm Louise Hayes and Ann- Marie Fitzgerald Tuamgraney are in action in the Ladies Junior B Dou- bles final against Roscommon’s Lin- da Connolly and Laura Mannion.

Also on Sunday at 2pm, John Kirby and Jimmy Walsh travel to Cashel for the Diamond Masters ‘A’ Dou- bles final against Kilkenny’s Paddy Reilly and Seamus Reade.

MICHAEL Considine was an ani- mated figure on the Gaelic Grounds sideline on Saturday afternoon.

It was a combination of trying to get his team going, exhorting them to ereater heights and venting his anger at some of the decisions that didn’t go his team’s way.

The latter is something that Con- sidine was thinking about after the game – the injustice done to Clare twice in the first half when they were playing catch-up after Limerick scin- SD UE-lenerea eva

“T’m not making excuses but I thought the refereeing was a dis- grace, said Considine about Mau- rice Condon’s handling of the game.

‘The decisions that went against us were unbelieveable. Gary Leahy was pulled up by the referee after he took a free, while Enda Lyons should have been awarded a penalty. He was defi- nitely pulled back. When those things gO against you it makes it harder. We needed scores badly at that stage but didn’t get them,” he added.

However, the refereeding aside, Considine admitted that it was a very disappointing display by his charges after they play some fantastic foot- ball in the drawn game three days previously.

“We were flat, very flat,” he admit- ted. “The start killed us, to concede 2-3 of a start to Limerick meant we were chasing the game and it was al- ways going to be very hard to come oye) que ueyeemset.le

“But we battled hard and I can’t fault the lads for the effort they put in the game. They got it back to four

points with four minutes remaining which showed the character that’s in this side,” he added.

This character will be needed in spades on Wednesday when they re- turn to the Gaelic Grounds to take on a Tipperary side that went down by 3-7 to Q-10 in their opening round tie in Limerick.

“lve watched the DVD of Tip- perary’s game against Kerry last Wednesday. They are a typical Tip- perary team – they’re big and strong and will be very hard to beat. We know that they will be hard to beat, Tipperary teams always are at under- age level,’ said Considine.

‘“We’re hopeful that the lads will lift it now but it’s crazy that they’re being asked to play a third cham- pionship game in seven days. The GAA have established a committee to look into player burn-out yet they wouldn’t consider putting back this game by a few days.

“But were going to get on with it. We have injury worries that we carried into Saturday’s game, Dav- id Connole has a rib injury while Michael McDonagh has ankle trou- ble. Your midfield is crucial and we ll just have to wait and see how they are on Wednesday.”

Clare’s preparations for the tie started after their defeat on Saturday when they had a pool session in The Bunratty Shannon Shamrock Hotel. “We’ll have another pool session be- fore Wednesday and then take our chance,” said Considine. “If we can get over Tipperary, we have Water- ford to look forward to and we could yet reach a semi-final against Cork. That’s what we have to aim for.”

THE Doonbeg Drama Group has made it to the finals of the All-Ire- land Drama competition.

The group will take to the boards on Monday next, April 16, in New Ross for the final showdown. Their performance of ‘Atta’ Boy Mr Syng’ has already earned them numerous plaudits.

The group has competed in five fes- tivals in Doonbeg, Charleville, Ross- more, Scariff and Claregalway, with one win, three second placings and one third placing.

Mark May took best actor and Ann Marie Doyle best actress at two fes- tivals. Mary J Egan was best actress at another. Mort McInerney got best producer at two festivals while the production also picked up awards for best presentation, best lighting, best sound and most entertaining play.

Remaining cast members, Rita McInerney and Declan Hayes were nominated at festivals in the best supporting actress and actor catego- ries.

“Everyone is very excited about getting to the finals and we will be putting everything into the show,” a spokesman for the drama group Sr HOn

Audiences in Clare will have an- other chance to see the performance this week when it is staged in Doon- beg hall on Thursday night. Doors open at 7.30pm and curtain up is at 8.30pm. There will be tickets at the door.

The festival, which is run under the auspices of the Amateur Drama Council of Ireland, is one of the pre- mier events of its kind in Europe. 1953, it is one of the most enduring festivals in Ireland and is a major cultural event.