Author: admin

THREE men involved in a violent row at Ennis Courthouse in May have received suspended prison sentences.

Simon McDonagh Jnr (18), with an address at 7 Aonach an Chláir, Clarecastle, Edward McDonagh (33), with an address at 18 Davitt Terrace, Cloughleigh, Ennis and Shane O’Donoghue (18), with an address unofficial halting site, Cragroe, Tulla, all appeared before a special sitting of Ennis District Court yesterday.

All three men pleaded guilty to provoking a breach of the peace at Ennis Courthouse on May 1.

Detective John Casey told the court that he and other gardai were forced to break up a fight between the McDonaghs and Mr O’Donoghue.

Det Casey said father of six Edward McDonagh and Shane O’Donoghue exchanged several punches and verbal assaults in a fight that erupted in the hallway outside the courtroom.

Simon McDonagh Jnr also hit Mr O’Donoghue “three or four punches”, the court heard. CCTV footage of the fight was shown in court.

Det Casey said a large number of members of the public were present in the Courthouse as three courts were sitting on the day.

A number of people fled the building in fear of what was happening, the court heard.

None of the men has any previous convictions

Det Casey explained that the fight was the product of a dispute between the McDonagh and O’Donoghue famillies who are connected through marriage.

The court heard the families have settled their difference and are speaking to each other again.

Solicitor for Simon McDonagh Jnr, Daragh Hassett, said his client is talented young soccer player who played for Avenue United in provincial and All-Ireland finals.

Solicitor Patrick Moylan, who represented Edward McDonagh, said his client is a qualified landscaper who had never been in trouble with gardaí before.

Mr Moylan added, “He apologises to the court, the gardaí and the public.”

Solicitor for Mr O’Donoghue, Jim Orange, said his client’s behaviour was “completely out of order on the day.”

Passing sentence, Judge Patrick Durcan said;

“No member of the public should ever feel that by coming into this court they are coming into a war zone.”

He said that in creating a “climate of terror and mayhem” the three defendants behaved in a “contemptible” manner.

He continued, “I regard these offences as the most serious breaches of public order I have had to deal with since my appointment to this district.”

However Judge Durcan noted that the men had no previous convictions and are of “excellent character” in the eyes of the court.

He then imposed two month suspended prison sentences on each defendant.

AN All-Ireland champion weightlifter found in illegal possession of a shotgun and cocaine in Mullagh almost three years ago has avoided an immediate jail term.

Sean McNamara (21), with an address at Doonogan, Mullagh, appeared for sentence before the Circuit Criminal Court in Ennis last Tuesday.

Mr McNamara is a Munster and All-Ireland weightlifting titleholder. He also holds two under 23 national records and has been short listed for the Irish weightlifting squad for the 2016 Olympics in Rio de Janeiro.

On October 16 2010, members of the Clare Garda Divisional Drugs Unit raided a farmhouse near Doonogan, Mullagh. There they found a sawn off double barrel shotgun wrapped in a towel; 29.82 grammes of cocaine; weighing scales and glucose for mixing cocaine.

There were no cartridges in the gun, the court heard.

The court heard Mr McNamara ad- mitted the offence and was very cooperative and open to gardaí.

In April, Mr McNamara pleaded guilty to unlawful possession of a shotgun and having cocaine for sale or supply.

Mr McNamara had been part of a gang involved in drug dealing in North and West Clare.

Delivering sentence, Judge Gerald Keyes said evidence had been given that Mr McNamara was “pressured” and “influenced” by the then 17-yearold head of the gang to store the shotgun.

Mr McNamara was in fear of this person who also sent a series of text messages from his phone.

Judge Keyes said the gun was sourced as a “scare tactic so the 17 year old could act the big man in a showdown because of dented pride.”

The court heard Mr McNamara has broken all links with the gang and has not come to garda attention in the years since.

Detective Garda Stephen Hession told the court that Mr McNamara was apprehended at the right time before things spiraled out of control.

In April, Defence Counsel, Michael Collins BL urged the Court not to impose a custodial sentence as it might harm his client’s Olympics hopes.

A mandatory minimum five-year sentence applied to the firearm charge but Judge Keyes said there were exceptional circumstances that allowed him not to impose the term.

The court heard Mr McNamara indicated at an early stage that he would be pleading guilty.

Judge Keyes said garda evidence also indicated that the chances of Mr McNamara committing similar offences in the future are low.

Judge Keyes imposed a three-year sentence on each charge, to run concurrently. He suspended the sentence for a period of five years.

He warned Mr McNamara that if he committed any more offence, he would activate the prison sentence.

Judge Keyes added, “These were very serious offences.

“Your future is in your hands and you have an opportunity to rectify this.”

CLARE people are being invited to take part in a hunt for the mysterious Daubenton water bat.

The bat, which is an endangered species in some countries, is understood to be relatively populous in Clare – but Bat Conservation Ireland are hoping to get an accurate reading of the local population this August.

The Daubenton bat exits in numerous countries across Europe and Asia – with Ireland, and indeed Clare – being the western most point of its natural habitat.

Indeed, the fact that Clare lies on the very edge of the Daubenton habitat makes an accurate count of its number here all the more important.

The Daubenton’s bat is known as the water bat because of its preference to roost and feed close to water such as rivers and lakes.

It is easy to identify because of all of all Ireland’s nine resident species of bat, it is the only species that will be seen continuously skimming the water surface as it is feeding on in- sects.

Anyone interested in helping to survey waterways in Clare for the bats this August is invited to take part in a special training event taking place in Ennis this week.

“This survey is part of a monitoring scheme recording the activity of the Daubenton’s bat.

“These yearly surveys allow us to determine whether the population of this bat species is increasing or decreasing,” said a spokesperson from Bat Conservation Ireland.

“Surveyors will be in teams of two people. Bat Conservation Ireland will provide the use of a bat detector for the survey.”

Anyone interested in take part in the survey is asked to come to the Civic Room at Ennis Town Council this Friday, July 5, from 8pm for a training evening.

The training will involve an indoor lecture followed by a practical session using bat detectors on a local river.

For more information about the Daubenton bat visit www.batconservationireland.org.

A NORTH Clare group has called into question the Environmental Impact Statement (EIS) used as part of the license application for a massive fish farm off the Clare coast.

The Galway Bay Protection Group, which was establish by a number concerned local last month, has expressed concerns over the EIS, which was compiled jointly using by the Irish Marine Institute and Bord Iascaigh Mhara (BIM) – the government agency who are themselves proposing the fish farm.

Galway Bay Protection Group member and local doctor, Fergus Glynn, said that a number of questions remain unanswered concerning the EIS.

“The master of the Marine Institute and the master of BIM is Simon Coveney [Minister for Agriculture] and Simon Coveney has publicly and privately backed this fish farm from the word go. We don’t feel that the people who have been tasked with completing this EIS have been allowed to do their job fully and independently,” said Dr Glynn.

“We have spoken to a number of experts about this and the conclusion that we have come to is that, not only are their questions about the real independence of this study, but also there is questions over the scientific rigor and the level of research done.”

A BIM spokesperson has rejected claims that the EIS not been completed to a high standard.

“The EIS was compiled by leading scientists; principally from the Marine Institute, some from BIM and other specialists from the private sector. As the applicant BIM had to take responsibility for the overall production of the EIS, as that is how the law concerning applications for aquaculture licencing is formulated in Ireland,” he said.

“The applicant must submit the EIS and the licencing authority then scrutinise it. BIM will not be issuing or managing the licensing. That function rests with the Aquaculture and Foreshore Management Division of the Department of Agriculture, Food and Marine, that body is completely separate from BIM.”

A fundraising event for the group will take place this Sunday, July 7, at Greene’s Yard in Ballyvaughan from 4pm to 9pm.

THE RACE is on to find the county’s least energy efficient home as part of an EU pilot study, and the winner will get financial assistance to upgrade the energy efficiency of their house. The study is focusing on the impacts of successive energy efficiency upgrade programmes on the County’s housing stock.

The Limerick Clare Energy Agency (LCEA), supported by Clare County Council, is conducting the Energy Performance Of Clare Homes (EPOCH) project.

The LCEA will provide financial assistance towards energy efficiency works and professional energy guidance to the owners of homes deemed to be least energy efficient.

The project, which has been launched to coincide with European Union Sustainable Energy Week 2013, is open to houses built in Clare before 2005 and the closing date for applications is July 5.

“For one reason or another and despite financial pressures increasing on homeowners to keep their properties heated, the majority of Clare homes remain energy inefficient,” explained Patrick Stephens, LCEA Manager.

“The total number of permanent households in Clare is 42,534, of which 29,269 or just 68.8 per cent were constructed prior to 2000. Our research indicates only 7,423 of these homes have benefited from energy upgrades,” he said. “This is likely to be reflected in the public submissions we receive as part of the EPOCH.”

To enter EPOCH, homeowners must occupy a house built in Clare before 2005 and return a completed questionnaire to the Limerick Clare Energy Agency (via the Environment Section, Áras Contae an Chláir, New Road, Ennis, County Clare) or enter online at www.lcea.ie before July 5. Questionnaire forms are also available from reception at Áras Contae and Chláir in Ennis.

The winning submissions will be announced on July 12 and will receive progression guidance and finance towards energy efficiency works.

FÁILTE Ireland has been accused of washing its hands of tourism promotion in the west Clare region.

The tourism board has now been called before Kilrush Town Council to explain why it has downgraded its tourist offices in Kilrush and Kilkee at a time when the region is working hard to develop a sustainable tourism industry.

Fáilte Ireland Visitor Information Points have been opened at Crotty’s in Kilrush and at Occasion Gift Shop in Kilkee, but there is no longer any tourist offices anywhere on the west Clare peninsula.

Kilrush Marketing and Development Officer Síobhan Garvey said that Fáilte Ireland told a meeting of tourist bodies that as part of national policy both offices would not be opening in the traditional sense.

“Given the increased use of smart phones, mobile internet devices and apps it is felt by Fáilte Ireland that the new model to provide tourist information is by way of Tourist Information Points which can be placed in existing businesses and serve as an add on facility,” she said.

Council members are not impressed with the new strategy however and have asked for a meeting with Fáilte Ireland to in Cllr Tom Prendeville’s (FF) words;

“Let them know in no uncertain terms what we think of their baffling decision not to fund and located a tourist office in the town.”

Cllr Liam Williams (FG) suggested that the town council should have taken on the project.

“Did we miss out here? Should the town council not have taken it?” he asked.

The councillor was told that the council office was not appropriate as it was only open five days a week, but Cllr Williams believed the council still had a role to play.

“Crotty’s was a tourist agency of last resort.

“We are grateful to Rebecca and Kevin [owners of Crotty’s]” said Cllr Prendeville adding the town needs an office that will carry out services such as bookings and providing information.

Fáilte Ireland has been invited to the July meeting of the council.

A MAN who used a knife and a hatchet to rob shops in Ennis over a two-day period last February has received a three-year prison sentence.

Robbie Nestor (32), described in court as a chronic heroin addict, was sentenced after pleading guilty last October to robbery and unlawful possession of weapons, at Liddy’s Costcutter, Mill Road, Ennis and Lynch’s Centra, Gort Road, Ennis.

Mr Nestor, with an address at 142 Hermitage, Ennis, appeared before Clare Circuit Criminal Court yesterday.

The court heard that on February 11 (2012), the accused entered Liddy’s Costcutter carrying a black butcher’s knife. Garda William Deleaney told the court that after demanding staff open the till, Mr Nestor made off with € 450.

Mr Nestor was captured on CCTV entering and leaving the premises. He was recognised by a witness after a red scarf used by Mr Nestor to conceal his identity, slipped from his face.

Two days later, the court heard, Mr Nestor was one of two people that entered a petrol kiosk at Lynch’s Centra. Mr Nestor was carrying a hatchet and the other man had a hammer. The court heard that € 1300 was taken during the robbery.

No prosecution was brought against the other man involved in the robbery, the court heard.

Garda Delaney said Mr Nestor was arrested on February 17 and made full admissions.

He added, “He held up his hands completely and apologised.”

Garda Delaney told the court that Mr Nestor has a long running heroin addiction and robberies like this are committed to “fuel his habit.” Mr Nestor has 35 previous convictions.

Barrister Mark Nicholas BL told the court that his client used the stolen money to purchase heroin in Limerick.

He said Mr Nestor is currently drug free and recently underwent a rigorous rehabilitation course in Dublin.

Mr Nicholas added, “If you could extract the addiction he would be a very good member of society.”

Judge Carol Moran said Mr Nestor had a “very bad record”.

On the robbery charges, he imposed two concurrent five-year sentences. He suspended the final two years of the sentence on condition Mr Nestor enter a bond to be of good behaviour.

The two counts of unlawful weapon possession were taken into consideration.

JAIL terms have been handed down to two people involved in a violent Halloween home invasion in Ennis three years ago.

Carrie Brigdale (23) and Sean Moroney (41) were both sentenced to two years in prison for their roles in a alcohol fueled violent disorder incident that occurred at a rented apartment in Ennis on October 31 (2010).

Ugandan national Collins Kato (28) suffered multiple stab wounds during the assault at 13 Parnell Court.

He was also robbed of € 1640, two laptops and iPhone when a group of 10 people entered his home for a Halloween night party.

Seven people charged in connection with the incident, appeared before Judge Caroll Moran yesterday for sentence.

Judge Moran said Mr Kato had been subjected to a four and a half hour ordeal, during which he was restrained, kicked, robbed and stabbed in the neck with broken shards of a mirror.

He added, “This was an appalling incident, an incident that clearly got out of hand because of the influence of drink.”

The court heard Mr Kato asked the group to leave because of noise concerns and after he found three of them in a “sexually compromising position” in a bedroom.

Gardaí found Mr Kato “coming in and out of consciousness” when they arrived at the scene.

In his victim impact statement, heard in April, Mr Kato said he suffers from post-traumatic stress disorder and feels “lucky to be alive.”

Judge Moran said evidence had been given that mother of three Ms Brigdale was heard to make a “terrifying threat” of “if this guy lives we’re in trouble”.

After which, Judge Moran said, another person said, “cut his throat.”

Judge Moran said Ms Brigdale, with a former address of Mill House Flats, Mill Road, Ennis and currently of no fixed abode, was the most culpable of the group.

She received a two-year sentence after pleading guilty to violent disorder, assault causing harm and production of an article during the course of a dispute.

Mr Moroney, with an address at 31 Dalcassian Park, hit Mr Kato over the heard with a fire extinguisher. He received a two-year sentence for violent disorder. He has 34 previous convictions.

Four other people also appeared before the court.

Caroline Lyons (22), with an address at 15 Waterpark Heights, pleaded guilty to violent disorder. Judge Moran said Ms Lyons, who has 17 previous convictions, invited people to the apartment after initially coming on the night to view the premises to rent.

She received a two year suspended sentence on condition she abstain from alcohol and be of good behaviour.

Her brother Gerard Lyons (21), with an address at 15 Waterpark Heights, Ennis pleaded guilty to violent disorder. He also received a two year suspended sentence.

Warren O’Donnell (21), with an address at Laurel Lodge, Ennis and Moore Street, Kilrush, pleaded guilty to violent disorder. Judge Moran said O’Donnell admitted being one of the people in the “sexually compromising position” and being present when Mr Kato was assaulted. He received a two-year sentence.

A mother of one who was 17 at the time of incident pleaded guilty to violent disorder. She received the probation act.

A 19 year old man who was 16 at the time of incident pleaded guilty to stealing € 1640.

The court heard yesterday that he has re-paid € 800.

Judge Moran said he would suspend a two-year sentence if the man re-paid the rest of the money by July 22.

Two other men were also charged in connection with the incident. The court heard yesterday that one of those has since died and the other man is no longer thought to be in the jurisdiction.

PROGRESS has been made in attempts to secure accommodation for a wheelchair bound man who set fire to a nursing home in Killaloe, a court has heard.

In February, James Sherlock Jnr, formerly of 16 Childers Road, Cloughleigh, Ennis pleaded guilty at Ennis Circuit Criminal Court to causing arson at the Lakes Nursing Home in Killaloe on August 20 (2010).

The 24 year old is confined to a wheelchair after loosing both of his legs to amputation.

Heroin addiction lead to the amputation of Mr Sherlock’s right leg. He recently underwent surgery to amputate his left leg.

Finalisation of the case had been adjourned pending suitable accommodation being found for Mr Sherlock.

Circuit Court Judge, Gerard Keyes has said the State must find suit- able facilities for Mr Sherlock. Judge Keyes has previously indicated that he will not impose a custodial sentence. The Court was previously told that due to Mr Sherlock’s past behavioral difficulties and his pleading guilty to arson, many nursing homes and hostels would not accept him due to insurance issues.

The court has heard that discussions have taken place between local authorities, The Probation Services and the Health Services Executive (HSE) with the aim of finding accommodation for Mr Sherlock.

The case came back before the court on Tuesday. Counsel for Mr Sherlock, Pat Whyms BL told the court that the local authority has made progress in attempts to find accommodation for his client.

He said the Probation Service were seeking a further adjournment of the case.

Judge Keyes said he was not going to “interfere” with the progress being made.

Mr Sherlock has spent a period of time staying at the vacant Fairways apartment block in Ennis.

THE COURTHOUSE in Kilrush was packed to capacity on Thursday to watch history in progress as the last ever mayor was elected to the office. Following a nomination by out going mayor Cllr Mairead O’Brien and seconded by his former school teacher Cllr Tom Predeville (FF) Cllr Paul Moroney (Ind) took the chair in the building where the first ever Kilursh Town Council convened in 1885.

The son of Mary and Tommy Moroney from Moore Street, was visibly proud as he took the seat, said he was humbled o be elected and saddened that “this could be the last time” a Kilrush Town Council AGM would be held.

“I feel huge pressure to lead this council into what could be its final year,” he told the crowd.

“I am an honest man,” he said after which there was a sight jeer and laugh from the crowd. “I am hard working, who always gives 100 per cent. I am grounded with family values at heart.”

Mayor Moroney outlined five main aims for the final year of the council. He said he would work to build employment for young people, revitalise business in the town centre and address the issue of vacant and derelict buildings in the town centre.

He said it was also important that the rates system be addresses by the minister. The reserve fireman also spoke of the need for improvement to the local road structure, and the importance of progressing the Sports Project on the Cooraclare Road.

The new mayor added that he also looks forward to welcoming people home for the Gathering this summer.

“I will do my best for Kilrush in he coming year and am sure my colleagues will back me,” he said.

He also thanked people for their support and paid tribute to the late Cllr Stephen O’Gorman (FF) who passed away in December.

Fine Gael Cllr Marian McMahon Jones was elected the last ever deputy mayor of Kilrush having been nominated by Cllr Liam Williams (FG) and seconded by Cllr Ian Lynch (FG). Neither election was contested.

At 32 years of age he has the responsibility of chairing the last ever Kilrush Town Council public meetings and paving the way for a new era in public representation, but age is a mere number to Paul Moroney.

When he was just 21 years of age he became a father for the first time, at 22 he had a mortgage and at 23 he was married to his childhood sweetheart Alison.

Just weeks after he turned 20 years old he became one of the country’s youngest firemen.

“It has taught me everything and for that I will be forever grateful,” he told The Clare People .

It is not surprising then that in the last four years since he was elected to the town council he has argued for better road safety procedures and clearer road markings as well as highlighting the needs of young families. Paul is the father or three – a ten-year-old daughter Lilly Ann and four-year-old twins, Ellie Mai and Archie. He said he has always been interested in politics.

He considered running for the local election in 2005, but felt he was too young and not well known.

“I decided not to lose out again in 2009,” he said. He went on to top the poll.

He said it was also important that Kilrush Town Council leave behind a legacy it could be proud of so he envisages a busy year ahead.

He has not ruled out running for the local elections in 2014, which would see him contest one of the geographically largest constituencies in the country.

“I would love to contest the next general election but my kids are so small. Can I commit that much time? When I saw the new boundary, I knew it was going to be a full time job. Can I give it that much time? I don’t know,” he said.

In the meantime he must keep down the day job in Patrick Bourke’s Mens Wear, fulfill his mayor duties, remain on call as a member of the local fire service and parent three young children.