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Sites identified for covered market in Ennis

ENNIS Town Council is to press ahead with plans for a significant face-lift of the Ennis market area.

A covered market will be placed in Garraunakilla the cur rent home of the Ennis Farmers’ Market. The second phase of the plan will see a covered market style development in Barrack Street.

The council is to proceed with a Par t VIII planning repor t for the re-development of both areas after a majority of councillors at yester- day’s meeting of Ennis Town Council spoke in favour of the proposals.

It comes after a report by architect Richard Rice identified a car park off Lysaght’s Lane in lower market street as the prefer red star ting point for the re-juvenation of the market.

However councillors yesterday expressed opposition to the Lysaght’s Lane proposal and urged the council to begin work in Garraunakilla.

The proposal was backed by councilors Tommy Brennan (Ind) and Mary Howard (FG) who said the council should look after traders in the farmers’ market.

Cllr Peter Considine (FF) also suppor ted siting the new covered market in Gar raunakilla. He said, “I suspect the majority of people, from the town and country, would like to see it in the traditional market area of the town.”

Cllr Brian Meaney (FF) told the meeting that the farmers’ market strongly opposed any move to Moran’s car park. He said no trader wanted to be “isolated in a dreary cor ner of a car park”.

Councillors agreed that Moran’s car park would be considered as part of a longer term re-development of the market.

There will also be an impact on the mall area of the market with town clerk Leonard Clear y saying an area will be closed off for pedestrianisation when the area is eventually re-developed.

He explained, “It’s going to look and feel ver y different and it’s obviously going to have an impact on traffic as well.”

The council has set a June 2014 deadline for work to start in Garraunakilla and Barrack Street.

The meeting heard that the re-de- velopment would involve the drawing up of new traffic management plans for the market.

Richard Rice of Healy Par tners Architects was commissioned by the council to explore the possibility of developing covered markets in Ennis.

The repor t strongly recommends the nor thern elevation of Gar raunakilla develop appropriate retail activity.

It also recommends the inclusion of a covered area and a kiosk if Gar raunakilla is retained as a farmers’ market.

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‘Lives were lost’ when treatment was halted

FORMER Killaloe doctor Paschal Carmody believes lives could have been saved if he was allowed to continue to provide treatment to cancer sufferers.

The 65 year old was struck off the medical register in 2004 but secured a Supreme Court judgment that allows him to practice biological medicene.

Speaking on Wednesday after the Director of Public Prosecutions (DPP) withdrew outstanding charges against him, Mr Carmody said his greatest regret was not being allowed to continue to care for his patients.

“The great regret I had is that I had 150 patients at that time, long term survivors, five years plus. When I was stopped, and it wasn’t just photo-dynamic therapy, it was all treatments, the duty of care was stopped for these patients.”

He claimed that lives were lost as a result of the decision to halt the treatment. “I do believe lives were lost. I have no doubt, I saw myself people who were maintaining very well, treatments two or three times a year. That was taken from them.

“In effect, each person was on treatment that is not available through any other source. I was the only doctor at the time providing treatments like that, photodynamic therapy. They stopped all that. People died over the years and one has to suspect it was through the withdrawal of that treatment for that illness.

“These are issues I have deep concerns with, a lot more than what I had to go through myself,” he added.

Mr Carmody said the Irish health system is going to have to take a more holistic approach to the treatment and care of patients.

He said, “We did attempt to bring in other modalities of treatment that could influence the welfare of sick people. It wasn’t for any other purpose but to enhance their wellbeing and to prolong life. If you went beyond that, that was marvelous. Sometimes we did. We had patients that survived and are alive today. They are still alive today 20 years later. These are the issues that kept us going through these dark times.”

He added, “I would still believe that the future is in this type of approach, a much wider approach as opposed to one treatment for one disease. I would say there is one disease but many approaches.”

Mr Carmody also indicated he may mount a legal challenge to the Irish Medical Council’s decision to take away his medical license.

Mr Carmody described the alle- gation that he had offered patients a cure for cancer as “outrageous”. He said, “That was contemptuous. That was the most vile add-on to the charges imaginable. No doctor or no intelligent person would say, ‘I can cure you of cancer’.”

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John Paul Estate regeneration plan gets back on track

THE regeneration of a Kilrush housing estate is back on track, after council officials met with a resident who raised concerns that his home would be devalued by the plans.

Last month the John Paul Estate resident told a meeting of Kilrush Town Council that the proposed Wilson’s Road entrance would pass directly beside his house devaluing the privately-owned family home.

He also raised concerns that the road would result in a lack of privacy for him and his family.

Due to these concerns the council agreed to suspend Part VIII approval for the plan, which meant the project would not get the green light from the members until the issue was resolved.

Kilrush town clerk John Corry said these issues have now been resolved after a meeting between the concerned resident, Mr Corry and a council planner.

It has been agreed to situate the footpath further from the home in question allowing for more privacy.

Mr Corry said the family are happy with this, and the council has signed of on the Part VIII.

Under the plan, which has gone to tender and a builder appointed, three houses on Elm Drive will be demolished to create an entrance to the council estate from Wilson’s Road.

This phase of the ongoing regeneration plan aims to open up the estate and remove more of the alleys at the back of some houses, which were encouraging anti-social behaviour.

The work is still subject to Department of the Environment, Community and Local Government funding, but Mr Corry said the council are very “hopeful”.

“The fact that we have received funding for the first and second phase, was are making the argument that we are brining it to completion,” he said.

“The department indicated that it is the most high priority case in the county.”

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Nine-year legal battle has been ‘catastrophic’

A FORMER Clare doctor has said an expensive nine-year legal process against him has had a “catastrophic” effect on his life.

Paschal Carmody (65) walked free from Clare Circuit Criminal Court on Thursday after he was cleared of the outstanding charges against him.

It had been alleged that Mr Carmody obtained € 14,300 through falsely pretending that he could cure the cancer of the late JJ Gallagher of Kingswood, Mullingar, County Westmeath.

Counsel for the State, Stephen Coughlan, told the court that Mr Carmody would be relieved to hear that the Director of Public Prosecutions (DPP) had decided to enter a nolleprosequi in the outstanding charges against him.

Defence Counsel Lorcan Connolly BL said that concluded all matters against Mr Carmody.

The decision comes seven months after Judge Raymond Fullam directed that Mr Carmody be found not guilty on all nine charges of obtaining money from families of Wexford schoolboy Conor O’Sullivan (15) and Kilkenny man John Sheridan (57).

The charges related to the period 2001-2002 at the East Clinic in Killaloe.

Speaking to reporters after the brief hearing, Mr Carmody, with an address at Ballycuggeran, Killaloe, said the last nine years had been “stressful and expensive”.

He said, “It has been catastrophic. There’s no point in saying it hasn’t been catastrophic. It has been. Okay, I’m a strong man and I can carry it, but it was continuous. It was going on and on. It went on far too long. I will face a trial. I will face any charge and I can take my beating if I’m wrong. But to be taken through the courts three times on evidence that Judge Fullam said was so weak it would be dangerous to progress. I knew that from beginning but why or who or what motive was behind or who was behind it, I don’t know. There was some force behind it that wasn’t motivated by the right circumstances”

Mr Carmody also revealed that he had spent between two and three million euros legal fees since the process began.

Asked if the end of the prosecutions against him had restored his reputation, Mr Carmody said, “It will have to. I’m totally vindicated. I spent over 100 days in court in total. There was no conviction against me. There were 46 charges originally. Not one charge was proven so therefore I feel I am totally vindicated. My work was not in any way wrong. I feel I can now move forward and get on with my life.”

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McNamara’s mistake was no accident

LABOUR TD Michael McNamara has admitted it was not an accident and that he agreed with the opposition’s amendment to the Protection of Life During Pregnancy Bill 2013, when he voted for it during the early hours of Thursday morning.

He said however that voting for the amendment on fatal foetal abnormalities was a mistake as it could have resulted in loopholes in the bill resulting in it falling, but not because he disagrees with the opposition’s proposal.

On reflection he maintains that he should not have voted for the amendment and it was a mistake due to its timing.

The Clare TD caused uproar during the late night, early morning sitting of the Dáil, when he voted against his own party whip on the amendment on the controversial bill just before proceedings were adjourned at 5am.

“At that time, I didn’t have time to appreciate the potential legal consequences of the decision if it had resulted in a change to the legislation. While the Bill as passed would, in my opinion, almost certainly be found to be Constitutional if referred to the Supreme Court under Article 26, the Constitutionality of a clause including fatal foetal abnormalities would be slightly less certain and under Article 26 an entire Bill is upheld or struck down. Therefore, to conclude the amendment would have been a mistake. Therefore, I realised my vote was a mistake,” he said.

“The government has said it is prevented by the Constitution from legislating for fatal foetal abnormalities. Yet it told the European Court of Human Rights in 2006, it would be Constitutional,” he said referring to the argument the Government made in the D versus Ireland case at the European Court of Human Rights in September 2005.

Miss D claimed her human rights were violated because of the lack of abortion services here. Her baby had been diagnosed with foetal abnormalities so severe it could not live outside the womb. The case was dismissed after the court ruled that the aggrieved individual had not brought an action before the Irish courts, therefore failing to exhaust all domestic avenues open to her.

“I want to see the issue addressed but accepted that would not be part of this bill and I voted with the Government as further amendments on the controversial abortion legislation were debated on Thursday evening, night and into Friday morning,” said Deputy McNamara.

Bernadette DEEGAN
, Ballymacahill, Barefield, Laid to rest in the Ireland Crematorium. May she rest in peace.

Kevin CARR
, 26 Clonbealy, Newport,Tipperary / Shannon. RequiemMass onTuesday at 11.30amat Newport Church, burial afterwards in Rockvale Cemetery Newport. May he rest in peace.

Teresa CARTER
, 30 McHughVillas, Ennis. Laid to rest in Romford Cemetery, Hollymount, Claremorris, Co Mayo. May she rest in peace.

Vera KELLY (née Hassett)
Ashview Court, Sixmilebridge/Ennis. Formerly of Drumbiggle Road, Ennis. Requiemmass on Tuesday at 11amat Sixmilebridge Church, followed by burial in Killeen Cemetery. Family flowers only please, donations, in lieu, if desired, to Milford Hospice. May she rest in peace.

Sean GARRAHY
, 53 College Green, Ennis. Formerly of Carnane Cross, Doolin. Peacefully at home. Laid to rest in the Holy Rosary Cemetery Doolin. Donations if desired to Doolin rescue or Milford Hospice. May he rest in peace.

John (Jack) MCMAHON
, Killenaugh, Carrigaholt. Peacefully at Regina House, Kilrush Laid to rest in Kilballyowen Cemetery. May he rest in peace.

Helen O’SULLIVAN (née Moloney)
, MeadowCourt, Naas, Kildare / Ennis.After a long illness. Helen will be sadly missed by her loving husband Denis, daughters Muireann and Caoimhe, mother-in-lawMary, sisters Mary, Teresa, Brid, Evelyn and Catherine, brothers Christy, Frankie, Paddy, Joe and Sean, brothers-in-law, sisters-in-law, extended family and friends. (Sister of the lateWillie, Martin and Michael, Flannan’sTerrace, Ennis.) Funeral Mass onTuesday after 10amMass at the Church of the Irish Martyrs, Naas to St Corban’s Cemetery, Dublin Road, Naas. May she rest in peace.

Patrick (Pat) DOWNES,
SteelesTerrace Ennis and Castle Park, Kilmihil. Laid to rest in Kilmihil. May he rest in peace.

Marion MACKENNA (née McHALE
), Drogheda/ Clare. Peacefully, at Our Lady of Lourdes Hospital, Drogheda. Laid to rest in Calvary Cemetery. May she rest in peace.

Darragh CURLEY,
Waterdale, Ballybroughan, Cratloe. Laid to rest in Craughan Cemetery. May he rest in peace.

Christina O’NEILL (née Kelly)
, Ballyline, Crusheen, Peacefully. Laid to rest in Kilawinna Cemetery. Donations, if desired, to Cahercalla Community Hospital. May she rest in peace.

Judith MCGANN
, Green Island Lodge, Ballyvaughan. Laid to rest in Ballyvaughan. Donations if desired in lieu to Milford Care centre. May she rest in peace.

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Infrastructure plan to enhance green spaces

WORK on a new development plan for Ennis and its Environs is expected to come to a halt following the publication of new local government legislation.

Last week, the Minister for the Environment, Community and Local Government, Phil Hogan TD, published the Electoral, Local Government and Planning and Development Bill.

Speaking yesterday, Director of Service and Ennis town manager Ger Dollard said the new bill contains a provision to grant discretionary powers to local authorities facing abolition to extend the lifetime of the existing development plan and to cease any development plan reviews already commenced.

Ennis Town Council had begun the process of drawing up the Draft Ennis and Environs Development Plan 2014-2020.

Mr Dollard was speaking at the July meetings of councillors in the Ennis electoral areas.

Councillors in the Ennis West Electoral Area committee heard calls for the development of a Green Plan for Ennis. The proposal was contained in a motion out forward by Cllr Brian Meaney (FF).

Cllr Meaney told the meeting that Ennis contains a number of unique, green spaces that could be better utlised to improve the town.

In his reply, senior executive planner Brian McCarthy stated, “The provision of a Green Infrastructure Plan in and around urban areas is now widely recognised as contributing importantly towards creating places where people want to live and work. Green infrastructure can contribute to climate change mitigation and adaptation, protection against flooding and erosion as well as enhancing the quality of life for residents of the areas and enhancing their awareness of the local environment.”

Mr McCarthy continued, “The natural heritage of Ennis and environs with its natural and semi-natural amenities is an important aspect to the quality of life of its citizens and tourists and is ideally placed for the development of a green infrastructure plan. A green infrastructure plan offers huge potential to enhance green spaces and biodiversity for the benefit of the people of Ennis to create and enhance attractive and accessible places for people to enjoy direct and regular contact with the natural environment.

“It is considered the development of a Green Infrastructure Plan for Ennis and Environs is ideally provided via the preperation of the Draft Ennis and and Environs Development Plan.”

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Call for black spot signs

A SECTION of the N85 main road between Ennis and Ennistymon has been the scene of eight car accidents over the last two months, a meeting has heard.

The National Roads Authority (NRA) has been urged to act to improve driver safety on a stretch of road between Fountain Cross and Ballyduff Landfill, which was described yesterday as an “accident black spot”.

In a motion tabled at a meeting of councillors in the Ennis West electoral area, councillor James Breen (Ind) called for accident black spot signs to be erected on the N85 between Fountain Cross and Ballyduff Landfill.

Cllr Breen told the meeting that eight cars had been involved in accidents on the stretch of road over the past two months. He said in one instance, a woman and her young child were lucky to walk away unharmed after their car came off the road.

Cllr Breen said there is a danger someone may lose their life on the road. He called for warning signs and crash barriers to be installed in the area.

In his reply, executive engineer Robert Burns stated that generally the erection of signage on the National Road network is a matter for the National Roads Authority.

He continued, “In this instance, the old accident back spot sign is no longer included in the suite of road signs set out in the traffic signs manual and can’t therefore be used. The NRA’s 2013 programme of Road Safety Schemes for National Roads does not include any projects on the N85.

“However, the council would liaise with the NRA with a view to determining whether sections of the N85, requiring remediation or improvement, would qualify under the 2014 programme for Road Safety Schemes for national roads.”

Mr Burns told the meeting that safety issues at this particular stretch of road have been repeatedly flagged to the NRA.

Cllr Tom McNamara agreed with Cllr Breen in stating that work is needed to improve safety at the location.

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Tulla Road signs reduce car speeds

DIGITAL speed signs have helped to reduce car speeds on the Tulla Road over a two-year period, new figures show.

Analysis carried out by Clare County Council shows that the average speed of cars using the Tulla Road has fallen from 44km/h in 2011 to 42 km/h in January 2013.

In a motion tabled at the July meeting of councillors in the Ennis East electoral area, Cllr Johnny Flynn (FG) requested a report on the speed and change in volume of traffic on the Tulla Road since new speed measuring devices were installed.

In his reply, Robert Burns, Executive Engineer, explained that initial analysis of speed signs in July and August 2011 indicated that the average speed on the inbound and outbound lanes on the Tulla Road was 44 k/m/h with 85 per cent of the vehicles at or below 52km/h.

Mr Burns continued, “A detailed traffic count carried out by the road design officer over a 24-hour period in late January 2013 (at Fitzpatrick’s Supermarket) indicated that the average speed as 42 km/h with the 85th percentile speed at 49 km/h, representing a significant improvement on speeds recorded in July / August 2011. The legal speed limit at this location is 50 km/h.

“The date provided by the digital speed signs is currently been analysed and further information will be available when this latest round of analysis is complete.”

Cllr Flynn welcomed the reduction in speed. Cllr Pat Daly (FF) urged motorists to pay heed to the speed signs and drive safely. Cllr Tommy Brennan (Ind) questioned when the digital speed signs would be extended to other roads around Ennis.

Mr Burns said the signs will be installed on the Lahinch Road and any plans to extend the system are being kept under review.

Director of Service and Ennis town manager Ger Dollard said the cameras are put up in consultation with the Gardaí.

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Criminal damage case is put back due to wedding clash

THE case of three men alleged to have damaged a car parked outside Drumcliff graveyard has been adjourned to October for hearing.

The cases of the three men, Michael Doherty (51), with an address at 2 St Michael’s Park, Ballymaley, Ennis; James Galbraith (45), with an address at 1 St Michael’s Park, Gort Road, Ennis, and Patrick Doherty (34), with an address at Bay 2 St Michael’s Park, Ballymaley, were before Judge Durcan at Ennis District Court on Wednesday.

All three are charged with the criminal damage of a car which was parked at Drumcliff on March 24th last.

It is alleged that the three men attacked the Ford Focus with weapons, breaking windows and damaging the bodywork.

The court previously heard that the female owner of the fled from the scene after the alleged incident occurred.

Solicitor for Patrick and Michael Doherty, Daragh Hassett, told the court that his client’s attendance from court had been excused on the day in question due to a family wedding.

Mr Hassett requested a date to have the case heard.

He said he expected the case to last around 90 minutes.

October 10 was subsequently fixed as hearing date for the case.

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Cannabis discovered in hedge of Ennis garden

SENTENCING has been adjourned in the case of an Ennis man found with cannabis with a street value of € 3900 hidden in a garden hedge.

At Ennis District Court on Wednesday, John Nihill (25) pleaded guilty to having cannabis for sale or supply at his then home address of 25 The Hawthorns, Limerick Road Ennis.

The court heard that gardaí discovered 15 separate deals along with a larger block of cannabis concealed in the hedge during a search of the premises on September 12 (2012).

Insp Tom Kennedy said the drugs had an estimated value of € 3929. He said Mr Nihill admitted having the drugs for sale or supply.

The father of one has no previous convictions for drugs offence but received a community service earlier this year order for assault causing harm.

Solicitor John Casey said his client had been a heavy user of cannabis at the time the offence was committed. He said Mr Nihill got into debt and it was suggested to him he could pay off this debt by selling drugs for another person.

The court heard the accused was sent to collect money for his “paymaster.”

“He feared for himself, for his partner and his house and those fears would’ve been genuine and realistic,” added Mr Casey.

The court heard the accused has since left Ennis, is fulfilling his community service requirements and has volunteered at the Bushypark treatment centre.

“He did this out of fear. The debt is still there. He didn’t benefit one iota from this,” Mr Casey said.

Judge Patrick Durcan adjourned sentencing for a brief period.

When the case resumed, Judge Durcan said he regarded this offence as being at the upper end of the scale.

He remanded Mr Nihill on continuing bail to appear again in court on September 18 for a pre-sentence probation report.

In recent weeks, Judge Durcan has directed that the Health Services Executive (HSE) be notified when convictions are recorded against parents of young children.

He asked Mr Casey if a report should be sought from the HSE in this case.

Mr Casey said his client is a devoted father and very much involved with his daughter. A report from the HSE was not sought.

Judge Durcan explained that the involvement of the probation services did not necessarily rule out the imposition of a prison sentence.

However he added that Mr Nihill struck him as “thoughtful, serious young man who has fallen into difficulties.”