Author: admin

A HOMELESSNESS campaigner convicted of stealing almost € 27,000 from a pensioner in Ennis will represent herself at a sentencing hearing next month, a court has heard.

Ennis woman Josephine O’Brien (59) told Ennis Circuit Criminal court last week that she had “dismissed” her legal team.

In April, Ms O’Brien, with an address at 15 Bridgeview, Roslevan, was convicted by a jury of nine of 10 counts of theft from the bank account of Stephen O’Halloran (87), a resident of St Joseph’s nursing home.

Ms O’Brien, a founder of the Homeless Education Learning Programme (HELP), was found guilty of stealing € 26, 503 on dates between July 2006 and October 2010.

The court heard she used some of the money to open a homeless shelter in Chapel Lane.

The case was listed for sentence at Ennis Circuit Criminal Court last week. On Tuesday, Defence Solicitor Daragh Hassett applied to come off record in the case.

He said Defence Counsel, Lorcan Connolly BL, was also coming off record.

Mr Hassett told the court he had “strongly advised “Ms O’Brien that she should have legal representation for sentencing.

Ms O’Brien confirmed in court to Judge Keyes that she wished to represent herself.

She added, “I’m an intelligent woman and I’m quite capable of representing myself.”

Judge Gerard Keyes said, “That is your choice and we will respect it.”

Ms O’Brien told the court she sent an affidavit to the Attorney General.

Judge Keyes told Ms O’Brien that she had been found guilty on a number of counts after a trial.

In reply, Ms O’Brien said, “I have been found guilty on facts but there was no crime.”

Judge Keyes advised Ms O’Brien that she must go through the process of sentencing.

He told Ms O’Brien that the option to appeal was open to her after sentencing is complete, if she wished to pursue it.

Ms O’Brien also indicated to the court that she wished to get the tapes of her garda interviews.

Judge Keyes said Ms O’Brien must first make an application to the court. He added that the tapes would be released “subject to strict conditions.”

Sentencing was adjourned to July 11. Ms O’Brien is on continuing bail.

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.

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.

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.

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.

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.

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 CLARE toddler that was waiting five hours to have a head wound treated at the University Hospital Limerick, was treated within a time fame that is not only acceptable but strived for by the HSE.

In relation to queries from

A SKULL discovered in Quin almost five years ago may have belonged to a compulsive pipe smoking woman, who died in her 40’s more than 300 years ago.

The human remains, which were discovered in Quin in August of 2008, have been shrouded in mystery for the last five years. However, research carried out by TVAS Ireland, who discovered the remains, had shed some light on the historic discovery.

While many questions remain unanswered, the possible life story of the Quin body has started to emerge.

“We now know that the jaw bone had typical female traits – so we can cautiously say that the body was a female.

“We know that the person also suffered from arthritis – part of the bones discovered were from the spine and there was evidence of the bones rubbing together.

“So we are fairly sure that the person would have had severe neck pain,” said Edel Ruttle of TVAS.

“From the jaw bone we noticed a third molar – or wisdom tooth. So we are confident that the body was aged somewhere between 21 and 40 years of age. Interestingly, we also saw a clay pipe semi-circle on the body’s teeth, this is consistent to a person holding a clay pipe in her mouth almost constantly.

“So not only was this person a smoker – they would have had to hold the clay pipe in their mouth for hours and hours every day to make marks consistent with the ones we have discovered.”

Despite these discoveries, it is still unclear why the body was buried in that spot and what religious the woman was.

One theory maintains that the woman was a social outcast of some sort, which is why she was buried on the edge of a disused Catholic grave – and not in the regular Catholic or Protestant graveyards which were in use in Quin at that time.

“She is buried in an East/West lie – which suggest that it was, at least, a partially standard burial, but the she is buried on the very edge of the cemetery – probably after the cemetery went out of use. So it’s difficult to know,”continued Edel.

“It is possible that she was a marginal figure.

“Maybe she wasn’t buried in the graveyard in Quin Friary because of some social standing – or lack of social standing.

“These are possibilities, but we don’t know for sure. There is still a lot of mystery surrounding this body.”

MORE THAN 300 disabled Clare people are celebrating a significant victory this week as the government has been forced to row-back on plans to abolish the Mobility Allowance and Motorised Transport Grant.

The you turn has been heralded as a major victory by Clare based organistion Disabled People Against Cuts (DPAC) – who committed to “waging war” against the proposed cuts in March of this year.

Following a number of protest meeting held in Ennis and in Dublin, the Government has agreed to set up an inter-departmental group, to look at alternatives to scrapping the disability payments.

Organiser of Disabled People Against Cuts, Ann Marie Flanagan, yesterday warned disabled Clare people that they must be ready to fight against any future funding cuts.

“We welcomes the news that the Government will continue to provide individualised payments to significantly disabled people.

This demonstrates the benefits of speaking out and having direct representation on decision making processes,” she said.

“The Government has decided that new statutory provisions will be established to provide individual payments to people with severe disabilities who require additional income to address the costs of their mobility needs.

“The Government has agreed that payments should temporarily continue to be made by the HSE to those persons currently in receipt of the Mobility Allowance for a further number of months, pending the commencement of a statutory scheme on the basis that this would prevent hardship and alleviate stress, anxiety and uncertainty among a vulnerable group in society and having regard to the exigencies that have arisen.”

Earlier this year the Department of Health decided to ax both transport schemes after Ombudsman, Emily O’Reilly, warned the age limit on the payments was in contravention of equality legislation.

It was claimed at the time that the scheme was discriminatory against old age pensioners and – according to the Department of Health, to roll out this scheme to all people over the age of 66 would cost an estimated € 170 million per annum.

New criteria for a new schemes to assist severely disabled people with transport needs is likely to come before Government in October.

It is not yet clear how many of Clare’s estimated 9,000 disabled people will qualify for this new scheme. Criteria for the existing schemes was already considered by disable groups to be very strict – with only 300 Clare people – or 1 in every 30 disabled people – qualifying for the payments.