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AN open verdict has been returned in the inquest into the death of a fa- ther and son who drowned on a west Clare farm earlier this year.

The Coroner’s Court heard that Michael Cunningham (41), a fitter and his 10-year-old son James, from Knockbrack, Clonlara, were help- ing out on Michael’s brother Kevin’s farm at Eirebull, Labasheeda, when they disappeared on March 28 last

Both bodies were recovered from a quarry hole on the farm, by mem- bers of the Athlone sub-aqua diving club and Kilkee Marine Rescue, at 7.30pm that evening.

Garda Michael Ryan said a fork was located in the place where the two had been feeding cattle and adjacent to that was a large quarry

hole. There was a small scuff mark but nothing else to suggest anything was wrong.

Dr Elizabeth Mulchay performed an autopsy on both bodies at Lim- erick Regional Hospital. She con- cluded that the deaths were due to drowning.

Coroner Isobel O’Dea said the in- cident was a “very sad and unfortu- nate double tragedy.

‘Probably one of them fell into the quarrry and the other went into save him but we don’t know. Nobody saw anything happen,” said Ms O’Dea.

Sympathies were extended to the family of the deceased and tributes were paid to those who assisted in the recovery of the bodies, by both the Coroner and Inspector Tom Kennedy.

A NORTH Clare solicitor has been is- sued a warning letter under the Planning Acts over a two-storey extension alleg- edly built without planning permission on Ennistymon’s Parliament Street.

Clare County Council has served Ju- dith Foley c/o Chamber & Co Solicitors of Parliament Street, Ennistymon in respect of an alleged unauthorised de- velopment in the town’s Architectural Conservation Area (ACA).

The letter to Ms Foley states: “I am to inform you that it has come to the attention of Clare County Council that unauthorised development is_ being carried out namely the construction of a two-storey extension in an ACA at Parliament Street without the benefit of planning permission.

The letter continues: “The council considers the development to be unau- thorised as it does not have the benefit

of planning permission and does not constitute exempted development.

You are required to cease unauthor- ised works and remove unauthorised development.

The letter adds that any person found guilty of carrying out an unauthorised development shall be liable on sum- mary conviction to a fine not exceeding a Oe

Ms Foley has been invited to make submission in writing to the council within the next four weeks. It will be open to Ms Foley to lodge plans with the council to retain the development.

The issuing of the Warning Letter to Ms Foley is part of increased policing of alleged unauthorised developments in Clare. Earlier this year, the Council’s Director of Service for Planning, Liam Conneally said that 900 notices had been issued since 2001.

Ms Foley was unavailable for com- ment this week.

A FORMER Scariff-based Garda ser- geant has asked a High Court judge to quash a decision by the Garda Siochana Complaints Tribunal requiring him to re- sign from the force.

The decision relating to Garda Ciaran Sheehan was made seven years ago fol- lowing a hearing by the tribunal into al- legations of ‘oppressive conduct’ by the Garda, who was then a Sergeant, towards a member of the public.

Garda Sheehan, who was once ‘top of his class,’ brought his judicial review proceedings against the Garda Siochana Complaints Tribunal and the Garda Sio- chana Complaints Board. Both respond- ents have rejected claims of unfair proce- dures and breach of rights.

Gda Sheehan wants an order quashing a decision of the Complaints Tribunal on June 8, 1998. He also wants an order quashing the breach of discipline find- ing.

The tribunal hearings arose after a com- plaint by Patrick Teddy Connolly from Scariff about an incident alleged to have occurred on September 12, 1995, outside a petrol filing station. It was alleged that then Sgt Sheehan engaged in oppressive conduct towards Mr Connolly, outside Treacy’s filling station, Scarriff.

It was alleged the then Sergeant ap- proached Mr Connolly and questioned

him about a statement Mr Connolly had made to a Garda Inspector concerning an investigation by that inspector, in which Sgt Sheehan was the member concerned.

It was alleged that, having questioned Mr Connolly, Sgt Sheehan acted in an in- timidatory manner in checking the wind- screen of his car for tax and insurance and in checking the condition of his tyres.

Mark Connaughton SC for Mr Shee- han, argued the inquiry conducted by the tribunal into the allegations was ‘tainted with illegality’ and that the tribunal had no jursidiction to act as it had.

It was contended a decision of the Com- plaints Board by itself and/or in conjunc- tion with the complaints tribunal, to delay the tribunal hearing into the complaint by Mr Connolly until after the conclusion of an internal sworn inquiry under Garda discipinary regulations regarding other matters alleged by Mr Connolly to have occurred in March 1996, was in excess of the provsions of the Garda Complaints Act 1986. It was following the latter in- quiry that Sgt Sheehan was demoted to the rank of Garda.

It was argued that the delay in holding the tribunal hearing breached the appli- cant.s rights to natural and constitutional justice, fairness of procedures and due process.

The hearing before Mr Justice Roder- ick Murphy is expected to conclude today Gheer oF

A SECOND-YEAR female student at St Flan- nan’s College in Ennis was hospitalised with severe facial burns after being hit by a lighted firework at the weekend.

Groups of students were waiting to be col- lected after school on Friday when a firework was lobbed into a crowd, close to the gates of the school.

The object hit a young girl on the collar of her jacket and it caught fire, resulting in her being burned in the face.

She was hospitalised and treated for her burns, before being discharged.

A 15-year-old youth was interviewed by gardai and a number of others are due to be questioned this week. However, gardai are stressing that there was no malicious intent.

“We are very happy that it was no-one’s in- tention to cause injury to anyone but this shows the dangers of fireworks. They are going off all over the town at the moment,” said Ennis Supt John Kerin, who is leading the investigation into the incident outside the school.

He is encouraging parents to take action, to ensure others are not harmed by illegal fire- works and said children do not appreciate the dangers of such objects.

“They are highly dangerous. I greatly fear that, unless parents and other people take action, others will get hurt. Parents may not realise fireworks are illegal. We are advising parents to come into the garda station with fireworks or if they know where they are being stored to come and tell us. . . it will prevent further injury or loss of life,” he added.

He confirmed that gardai have made up to

40 minor seizures of fireworks during the past week alone, in Ennis. One concerned parent who contacted

THE Bishop of Killaloe, Dr Willie Walsh has agreed to meet residents demanding that En- nis Council increases the height of the walls surrounding their estate to 8 foot, before the Council proceeds with plans to build an adja- cent scheme of social and affordable houses.

The houses are to be built on land that the bishop sold to the council for €1.5 million five years ago.

The Bishop’s Court residents want the coun- cil to ensure that only people with “proven records’ on housing are placed in the new Westbourne estate.

They also want security lighting to be fitted

and the council to carry out repairs, “should anti-social behaviour become an issue”’.

In the €10 million scheme, the Council is seeking planning permission to develop 82 so- cial and affordable residential units.

Dr Walsh this week confirmed that he is to meet the residents after a request from the as- sociation to discuss their submission to the Council. He said: “I haven’t studied the sub- mission in detail and would be reluctant at this stage to comment on it. It is an emotive issue.”

Bishop Walsh’s predecessor, Bishop Michael Harty sold lands at the Westbourne estate to a private developer who built Bishop’s Court. Dr Walsh said that he may comment on the issue after meeting with the residents.

, but was very excited to be part of a centre of excel- lence.

The Carrigoran Hospital already provides 26 beds in an inpatient dementia unit.

Cllr Pat McMahon said that the service in Carrigoran would not just benefit Newmaket- on-Fergus but Shannon, Sixmilebridge, Quinn and Ennis.

The report on the development of dementia services in Clare set out a number of plans for an area of growing demand, in view of the age- ing of the population in the county.

Among the services recommended was the development of dementia specific day services at various locations within existing day centers in the county. This will be achieved through the extension of services at these centers or the provision of extra services at weekends.

The Old Age Psychiatry Team in Clare will also be enhanced.

CLARE County Councillors last night voiced their concern over the disruptive impact that moving the local authority’s offices around En- nis was having on Council business.

Last night, at the council’s October meeting, County Manager, Alec Fleming said that he hoped the council would be in a position to sign the contract for the €27.44 million works for the provision of a new Corporate Headquarters in the next couple of weeks.

The new HQ — to be built on the council’s former site at New Road, Ennis — is expected to be ready in 2007 and until then, council depart-

ments have been dispersed to various parts of Ennis.

Construction work on the HQ was due to com- mence in June, but was delayed due to negotia- tions between the council and the contractor, Michael McNamara.

Councillors from three separate electoral ar- eas, Cllr Brian Meaney, Cllr Christy Curtin and Cllr Martin Lafferty expressed concern over the impact the dispersal of the council’s offices is having on the services the council provides.

Cllr Lafferty said: “It is a great inconvenience to have different departments in different areas of Ennis. It is particularly affecting staff and council members.”

FOLLOWING the worrying news of positive tests for birds in Turkey and Romania with Avian Influenza the Minister for Agriculture and Food Mary Coughlan TD has announced a number of controlling initiatives in what she described as ‘a measured response.’

Firstly Minister Coughlan has welcomed the EU ban on all imports of live birds and untreated feathers from the countries and noted that imports of live poultry, eggs and fresh poultry meat from Turkey were already banned.

She has instructed her officials to request the assist- ance of Customs and Excise officers to provide further

support for her Department’s efforts at border inspection posts and she has arranged for the deployment of addi- tional Departmental resources at Dublin airport.

The Department has also issued detailed information to poultry flockowners on measures to reduce the risk of the introduction of Avian influenza into Ireland has published updated advice for travellers to and from af- fected countries.

Officials from the Department also met with colleagues from the Department of Agriculture and Rural Affairs in Northern Ireland to co-ordinate their strategies.

Avian Influenza has seen millions of chickens being culled in Asia with almost 60 people dying as a result of the flu.

THERE are spaces available at Hlaunamanagh cemetery for families in need of graves, according to Clare County Council. Last week, a family had to move their father’s funeral to another cemetery after being told their local graveyard is full.

Larry Crampton, who passed away last week, was buried at Lemenagh cemetery, Newmarket- on-Fergus, after his family was told there was no double grave available at [launamanagh in Shan- non. There was a single space available, but his family requested a double space.

The decision to move the burial saddened the Crampton family. There are plans to extend Illau- namanagh but this will not be completed until next March. Shannon Town Manager Ger Dollard has apologised to the family concerned and pointed

out that the problem “should not recur.”

‘There are spaces marked. We are gone out to tender for the extension but, in the interim, we can mark out spaces and any sized plot is available,” said Mr Dollard.

He said the caretaker of the cemetery has been made aware of where the spaces are available and, if last weekend’s issue had arisen during a work- ing week, there may well have been a more suit- able conclusion.

“If it had happened on a Monday or a Tuesday, for instance, it would probably have been resolved. We have no difficulty in making an apology. It is a pity it happened and it won’t happen again,” said Mr Dollard.

Councillor Sean Hillary, who was one of those behind the establishment of the cemetery four

years ago, says this is not good enough, as the Geren elKeyemeTeeVUAAWLolnom ENO OVo Tle) Nee

“If it was known that there was a shortage of graves, the Council should have moved rapidly with emergency graves. I am not satisfied with it. This man [Larry Crampton] lived in Shannon for most of his life and a lot of people in Shannon are not happy that he could not be buried 1n the town,” PCM OuUbmsRIUE Dare

He said when it was known that people were keen to buy graves at IIlaunamanagh, Clare Coun- ty Council should have taken immediate action in extending the cemetery.

“The Council is dragging its feet. If the graves are only for emergency purposes, then contractors should be sent in immediately. That is not good enough and questions must be asked,’ he added.

A 25-YEAR-OLD man who stole 12 bars of chocolate from a shop in Shannon has_ been handed a one month suspended jail sentence. Thomas McDonagh, with an address at Bal- lymurtagh halting site, Shannon, stole the choc- olate — valued at €10 — from a shop at Cro- nan Park in the town, on February 26 last. Inspector sKoyne] Kennedy told Shannon district court the choco- late was recovered. Defending solici- tor Tara Godfrey said her client — the father of two young children — carried out an “act of monumental stupidity.” She said it was a lapse

of judgement, one which item usstauoa Koren

The court heard a bench warrant had been issued for the arrest of Mr McDonagh at a previous sitting of the court, on May 12 last. Gda Pat Broderick gave evidence of arresting the accused prior to last week’s court sitting, on foot of that warrant.

Judge Joseph Mangan imposed a seven-day jail term for failing to ap- pear in court in May. He jailed him for a month for stealing the choco- late and suspended it on Foy aTONTW (Oye MmNOer:1 mn OCommnSL R-Y out of the shop in ques- tion for six months and enter a bond to keep the peace for two years.

THE poor condition of the flyover footbridge at Drum- geely is forcing people to cross the dual carriageway, ac- cording to the Mayor of Shannon.

Cllr Tony Mulcahy says the surface of one of the plat- forms 1s ‘pooling’ with water and, as a result, people can- not pass it.

“It is like a sponge and the water is making the bridge unpassable. We are looking for this to be repaired for the past year-and-a-half,” he said.

He believes that the situation will deteriorate further over the winter months and says someone must take re- sponsibility to repair it.

‘Everyone is blaming everyone else. We need to get it fixed, as a matter of urgency,’ he pointed out.

WercNMmO elem E-NRortE boil notice to Ennis householders would be lifted in the next couple of days.

Mr Tiernan said that tests received by the council on Monday were clear.

He said that the on-going caution to pre-school children and those vulnerable to infection was there because the town’s lack a fully-fledged treatment plant.

Last Friday, the Health Service Execu- tive (HSE) deemed Ennis’s water unfit for human consumption for the third time in four months. Some 30,000 residents in the greater Ennis area are affected.

Tests on Friday showed a bacterial contamination of the supply. It was as

a result of a system malfunction at the town’s treatment plant, which led to con- taminated water being pumped to homes in Ennis and surrounding villages.

Mr Tiernan said yesterday: “The tem- porary glitch in the system was an unfor- tunate and freak occurrence and could’ve happened anywhere, but Murphy’s Law PTS OOM RUUD NBEO Roan 1 mae

Mr Tiernan said that the system mal- functioned for a “number of hours over- night” and once detected was corrected.

However, Ennis Town Mayor, Cllr Frankie Neylon yesterday called on the Minister for the Environment, Dick Ro- che and County Manager, Alec Fleming to intervene, by providing tankers or bot- tled water to the community.

“Through EU Drinking Water Regula- tions 2000, the Minister for the Environ- ment is required to supply clean drink- ing water and as a result should provide

tankers and bottled water.

“Families can’t afford to be spending €40 per week on bottled water over the next two years until the new plant is in place.”

Chief executive of Ennis Chamber of Commerce, Rita McInerney said: “This is an extraordinary situation and cen- tral Government should step in to fund an interim solution as the Town Council doesn’t have the funds.”

Councillor Brian Meaney (GP), who brought 40 litres of the Ennis water sup- ply to the gates of Leinster House on Wednesday for TDs to sample, said:

“We have forgotten what it is like to have a safe water supply in Ennis where anywhere else in Ireland it would be tak- en for granted. The people of Ennis can’t wait two more years .. . this situation has come about as a result of not planning for the future.”