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Victim wants her ‘voice to be heard’

A TEENAGER who suffered years of horrific neglect hopes her “voice will finally be heard” after the Director of Public Prosecutions (DPP) last week decided to appeal the leniency of a sentence imposed on her mother.

In February, the 38-year-old woman was given a suspended four-year prison sentence after pleading guilty to eight counts of neglect.

That prompted her eldest daughter to urge the DPP to appeal the sentence handed down by the Circuit Criminal Court.

Last week the DPP signaled its intent to appeal the sentence at the Court of Criminal Appeal.

Clare-based solicitor Patrick Moylan, who was instructed by the 17 year old to write a submission to the DPP, says the girl is happy with the decision.

Mr Moylan says, “She is very pleased that the DPP have taken into account her appeal and that the submission has been successful. She felt she wasn’t heard in the Circuit Court and she hopes now that, in the Court of Criminal Appeal, her voice will finally be heard.”

Last month Mr Moylan sent a letter to the Office of the DPP requesting that the case be appealed to the Court of Criminal Appeal “on the basis that the sentence handed down by Judge Carroll Moran was unduly lenient given the horrific nature of the neglect in this case”.

The appeal also highlighted a previous occasion that the woman had been before the courts.

The woman was initially sentenced to six months in prison but on appeal the presiding Circuit Court Judge gave the woman the benefit of the probation act.

Mr Moylan wrote that the “circumstances of this previous matter should have been brought to Judge Moran’s attention” prior to sentence.

The offences, which relate to seven children, took place on dates unknown between March 2001 and July 2010 in two areas of Clare. The eldest child is now 17 while the youngest child is now 4. The woman cannot be named for legal reasons. Her former partner has also pleaded guilty to eight counts of child neglect.

Harrowing details of the children’s “appalling” upbringing were heard as evidence against the woman was outlined in court in February.

The children often went without food and clean clothes. The court heard how a fridge and freezer in the family home were locked with a bun- gee cord.

In her victim impact statement, the eldest child recalled how she was left to look after her prematurely born baby sister when her parents went out drinking. She stated that she and her siblings were subjected to mental and physical abuse. The girl said she was beaten if the child cried at night. She described the couple as “vermin”.

Reports from HSE and Probation Services expressed the view that alcohol was a contributory factor to the abuse and neglect.

In sentencing Judge Moran said these same reports stressed the opinion that alcohol was not alone responsible.

In light of woman having stayed off alcohol and her guilty plea, Judge Moran said it would not be right to impose an immediate jail term. It could take up to 12 months before the appeal is heard.

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Delays in processing benefits claims causing hardship

DELAYS in processing social welfare payments are causing major hardship for Clare families, a meeting has heard.

The Clare Citizen’s Advice Centre has said that many people seeking making social welfare claims have to wait up to nine months before receiving payments.

Ann Marie O’Reilly, Advisor for the Citizens Information Centre, was speaking last month at a seminar hosted by Citizen Information Centre and Alliance of Social Protection of Recipients.

The event at the Temple Gate hotel highlighted the impact debt is having on Clare households.

The meeting heard that the centre raised the issue with the Government in a pre-budget submission last year.

Ms O’Reilly said, “Everyone knows the waiting list for all benefits are extensive. There is no quick fix for a benefit. No matter what benefit you go for, you’re going to be waiting. Carers allowance, disability allowance, invalidity pension, you’re talking possibly nine months plus. It’s going to be at least six to eight weeks before you even get a text or a letter stating that. We’ve people coming in after six or eight weeks asking, ‘Will you ring them?’, ‘How long more will it take?’. You just have to wait. The delays in processing benefits are causing major hardship.”

Ms O’Reilly said the majority of queries to the centre in Clare relate to social welfare payments.

She continued, “In 2007 the majority of our queries were social welfare. That was it. In 2010 we had a significant increase in queries about redundancies, constructive dismissal, minimum wage, everything. It was a complete change for us. It’s been changing over the years. The main thing I find in particular in Clare is that it is all social welfare queries at the moment. You might get one or two queries about something else but at the moment it’s social welfare, employment and debt. That seems to be a major factor. We seem to be referring a lot more people to MABS.”

The meeting, chaired by Ennis man Dermot Hayes, also heard from Professor Kathleen Lynch, University College Dublin, and Siobhan O’Donghue, Director of Migrant Rights Centre.

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Lead IN TO role for West Clare teacher

A WEST Clare school principal is expected to become the second president of the INTO from the county in six years.

At the primary teacher’s union 145th Congress in Cork this week, Mullagh’s Sean McMahon is likely to be elected vice president of the national union.

Traditionally this means he will become president at the union’s 2014 congress next Easter.

In March 2008, Corofin man Declan Kelleher was appointed president of the INTO after a long career in teaching and working for the union.

Like Mr Kelleher, Mr McMahon has been a strong union man championing the cause of small rural schools, class sizes and teaching principals.

The North Clare man has been involved in the INTO since the 1980s and had represented District 11; Clare, Tipperary and Waterford, on the CEC since 2007.

He will lead a strong delegation of 20 from the Clare branch of the INTO to a congress that will put forward such motions as calling for larger taxes for high earners and for free primary school education to live up to its constitutional claim.

The Clare West branch will also call for the INTO to fully investigate the proposed changes in school patronage with a view to ensuring that teachers’ rights are fully protected during these changes.

This proposal will be put forward by secretary of the branch Brid Hanrahan INTO and Liam Woulfe Principal of Labasheeda National School.

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Whooping cough vaccine ‘fades with age’

AN OUTBREAK of whooping cough in the community has been attributed to a “fading in the immunity with age” of a childhood vaccine.

Cases of pertussis, more commonly known as whopping cough, has doubled in the last year from 217 cases in 2011 to more than 444 cases in 2012, with a number reported in Clare.

The illness can be fatal if contracted by infants, and public health specialists are now calling on pregnant women to be vaccinated against the disease, even if they were previously vaccinated as a child.

First year students in secondary schools are also been vaccinated against whopping cough as part of a routine secondary school vaccine programme, as the vaccine is now considered to have a ten-year life span.

Dr Rose Fitzgerald, Specialist in Public Health Medicine based in the mid-west, said the most at risk from pertussis are babies less than two months as they are too young for the vaccine.

The HSE is therefore putting emphasis on pregnant women and recommending they be offered Tdap vaccine between 28 and 32 weeks of pregnancy to enable protection of the very young baby via the transfer of maternal antibodies.

Close family adult contacts of babies born before 32 weeks are also recommended vaccination if not vaccinated.

Siblings of these babies should be age appropriately vaccinated.

As many as 32 per cent of whopping cough cases occur in case where children are less than six months old.

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Fifty Clare people on dialysis

UP TO 50 people in Clare live week to week on dialysis, and most of these people are on a waiting list for a kidney transplant.

The average wait for a life saving organ donation is now up to three years according to Peggy Eustace, treasurer of the Clare branch of the Irish Kidney Association.

There are currently 36 people from Clare travelling to the haemodialysis treatment unit at the Mid Western Regional Hospital Limerick and to the Fresenius Unit on the Dock Road Limerick for treatment.

Clare people from the north of the county travel to Unit 7 in Merlin Park, while up to half a dozen are on home dialysis.

There are three members of three different Clare families awaiting a transplant, as in many cases the conditions that lead to organ failure are hereditary.

This year Ms Eustace and the IKA are encouraging people not just to support their fundraising efforts during organ donor week, but also to carry a donor card or avail of the organ donor section of their drivers licence.

“There is a great debt of gratitude to families of donors who give the gift of life at a very difficult time,” said Ms Eustace.

Last year 78 Irish families made that decision and 206 organ donation operations took place.

In 2010 however there was almost a record low for organ donation, 2011 was a record high and 2012, at 17 per cent less than the previous year, was below average. The Irish Kidney Association chief executive, Mark Murphy, said, “I don’t know of another European country, even of a similar size population, with such wide swings in deceased donor activity.”

Throughout this week IKA volunteers will be out on the streets, and in shopping centres throughout the county, selling ‘forget me not flower’ emblems (the symbol of transplantation), brooches, pens and shopping trolley discs. All proceeds will go towards the Irish Kidney Association’s aid for patients on dialysis and those patients who have received a kidney transplant. Donor cards will also be available.

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Debt driving people to moneylenders

THE manager of the St Francis Credit Union in Ennis has warned that financial pressures are driving people into the arms of moneylenders.

Louie Fay says people are being “pushed to extremes” and forced to pay exorbitant borrowing rates.

Mr Fay was speaking last month at a seminar hosted by Citizens Information Centre and Alliance of Social Protection of Recipients.

The event at the Temple Gate hotel highlighted the impact debt is having on Clare households.

Mr Fay said, “For me the push is to push people towards moneylenders. I use the word legal but I would use it with a question mark because I don’t believe there is such a thing as a legal moneylender. For example, € 500 over six months, a person will pay € 150 interest. Whereas if they go up to the Credit Union they pay € 15 interest. And that’s what happening. MABS will verify this. People are being pushed out to extremes.”

He also critcised the lending practices of some banks. Mr Fay said, “I had somebody come in to me lately. This lady had a job and wasn’t earning big money. She was saving € 500 a month. When I looked at her pay packet, I asked her how she could save € 500 a month. She said, “What I do is, I save first and then I live.” I thought that’s pretty serious. She had been saving € 500 for 60 months. That works out at € 30,000 saved over five-year period. She needed to get some work done on her house that was going to cost € 55,000. She went to the bank and said I need to borrow € 25,000 on top of my € 30,000. They took the application. She nev- er thought about this idea that she would be refused. It never crossed her mind. When she went back to pick up the money, she found that the bank had approved € 5,000.” He continued, “I thought about it afterwards, the bank didn’t refuse the loan. They offered her € 5,000. So in the stats that the banks are throwing at us saying they are lending, that (situation) did not come under refusal, it came under the customer not taking the money.” Mr Fay told the seminar that tough new regulations and the consolidation of smaller credit unions would have a big impact on the sector. The meeting heard that lending at St Francis Credit Union has fallen from € 20.3m in 2008 to € 11.8m in 2012. He said, “2013 is probably going to be worse than that. The issue is demand for lending has dropped. People have lost confidence. People are not confident about their jobs, they are not secure in doing what they want to do. Mr Fay said credit unions also had to shoulder some of the burden for fueling a lending market that caused the economy to crash. He said, “We’ve got to put up our hands because we were part of the problem, as credit unions we were part of the problem. We bought into some of that bad lending. Some credit unions did, some credit unions didn’t. We need to learn from what has happened in the last five years.”

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Community service for 9am headbutt on garda

A MAN who head-butted a garda after an all night drinking session has been ordered to carry out 100 hours of community service.

Ennis Garda Colin Egan sustained a chipped tooth after he was assaulted by John Nihill (25) at the Hawthorns Estate at 9am on New Year’s Day.

Mr Nihill, with an address at 25 the Hawthorns, Limerick Road, Ennis pleaded guilty at Ennis District Court on Wednesday to assault causing harm.

He also pleaded guilty to a charge of unlawful possession of cannabis.

Inspector John Galvin told the court that gardai were called to a disturbance at the house on the morning of New Year’s Day.

He said Mr Nihill was very aggressive and appeared to be under the influence of an intoxicant.

Insp Galvin said the accused jabbed his finger at Garda Egan, telling him, “I’ll do you if you come out from behind that uniform.”

Mr Nihill was arrested. As he was being led away from the house, the court heard, Mr Nihill lunged forward and head butted Garda Egan in the face.

Gardaí used pepper spray to restrain Mr Nihill.

Insp Galvin said Garda Egan suffered a chipped tooth but was back to work within a day or two of the incident.

Gardaí searched the house and found cannabis valued at € 40, that Mr Nihill said belonged to him.

Defence solicitor John Casey said his client had been drinking since 6pm on New Years Eve and had stayed up all night playing poker with friends.

An ambulance attended the house after Mr Nihill’s partner injured her foot in a fall, the court heard.

Mr Casey said his client, a father of one, became agitated when gardaí arrived at the house.

He said Mr Nihill has “no recollec tion” of the incident.

Mr Casey continued, “He normally has the demeanor of an extremely quite person…He aplogises fully and frankly for his behaviour on that morning. He has no explanation for it.”

Mr Nihill hasn’t drunk alcohol since the incident, the court heard.

Judge Patrick Durcan said gardaí had been subject to Mr Nihill’s intimidatory nature on the night.

He said he was of the view that the accused should receive a prison sentence. Judge Durcan adjourned the case for a brief period to consider sentence.

When the case resumed, Judge Durcan said he had considered the matter. He said freedom was the most important right a person has.

He said he has “no time whatsoever” for people who treat gardaí with disdain and who assault and injure gardaí.

Judge Durcan imposed a 100-hour community service order in lieu of three months in prison.

He adjourned sentencing on the drugs charge for a year. He told Mr Nihill to co-operate fully with the Probation Services.

Judge Durcan added, “In my view what you did on that night was very wrong.”

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Fire up the barbie for Clare Crusaders

THE Clare Crusaders Clinic is calling budding barbeque party hosts to dust off the barbeque and hold an event to remember in aid of the children’s charity.

The event to be held on Sunday, May 26, and supported by Munster Rugby and Clare FM is encouraging families, friends and local communities to come together across Clare and fire up their barbeques to help raise funds for the Clare Crusaders Clinic.

As part of the event, those wishing to host a barbeque for the clinic will be asked to pay a registration fee of € 10 to the charity. In return, hosts will be entered into a draw for a number of prizes with an overall winner’s prize of Munster Rugby player appearances at their barbeque.

Each barbecue organiser will be supplied with a promotional pack containing clinic tee shirts, posters, flyers and a donation bucket together with a discount coupon, which can be used to purchase a specially prepared barbeque pack at cost price from their local Centra store.

Manager of the children’s clinic Ann Norton said, “Many homes around the county often enjoy having a barbeque on a summer’s afternoon. This year we are asking families and groups to organise a barbeque for Sunday, May 26, with their guests donating to the clinic. Who knows who might arrive at your door?

“The initiative forms part of our continuing season-long relationship with Munster Rugby which has seen players visit the clinic, support with our cook book and the charities match day experience, providing essential funds and greatly boosting our profile.”

The Clare Crusaders charity was formed in 2005 through the ambition of a small group of parents to overcome a lack of publicly available therapy for children with cerebral palsy and autism in County Clare.

The clinic has expanded from one therapist to four full-time and four part-time therapists expanding the range of services provided to over 200 children. Services are provided at no charge to parents and include speech and language therapy, physiotherapy, occupational therapy, special teaching and reflexology together with regular group therapy activities. The clinic is available to children of all ages from infants to young adults, ensuring early intervention at a young age or supporting a child’s progression through school life whether in the mainstream or special school environment.

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Clare receives lowest home help hours

THERE were 236 Clare people on a waiting list for home help hours at the end of last year as the county receives the lowest access to hours in the HSE West region.

Figures released by the HSE show that Clare receives just 1.46 hours of home help per head of capita compared to Roscommon who receive 4.67 hours per citizen.

“This is a huge discrepancy in the same are under the same management structure,” said HSE West Forum member Cllr Tom McNamara (FF).

“There is no equality of delivery of service here,” he said.

Bernard Gloster, Area Manager, HSE Mid West PCCC, admitted that a reduction of home help hours during the last three months of 2012 resulted in Clare being under its targeted hours by 750. This has been restored in 2013.

However 87 Clare people were still remaining to be assessed for home help hours at the end of 2010, while a further 149 were waiting to be allocated hours following assessment.

Cllr McNamara said the inequality in providing hours was of great concern.

He said disparity in the allocation of the number of home help hours in Clare and Limerick-North Tipperary was extreme.

Limerick-North Tipperary received 2.71 hours compared to Clare’s 1.46 he argued.

“Regarding the differences quoted by the councillor for Clare and North Tipperary and East Limerick, it should be noted that between one quarter and one third of this target is for the Limerick area. While this leaves some difference still between Clare and North Tipperary, that is historical and had many reasons. Home help hours are not equally divided on the over 65 population across the country,” said Mr Gloster.

“County Clare has more access to older people’s beds than North Tip- perary and this is a factor when considering the overall resource provision to older people,” he added.

“County Clare has more investment in day services expansion than North Tipperary. In 2013 a new day centre funded by the HSE has opened at Carrigoran, Newmarket on Fergus, (€ 100,000) and enhancement of the centre in Clarecastle (€ 50,000) with no such expansion in North Tipperary. This is substantial in providing services to older people. County Clare is at an advanced stage of planning for further day provision for people with dementia through the Alzheimer’s society with no such dedicated provision in North Tipperary.”

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Willie was the king of the country

THE legendary West Clare athlete Willie Keane was hailed as a hero of Clare and all Ireland on Easter Sunday night as the Stella Maris Hotel in Kilkee played host to a special tribute night in his honour.

Over 200 people turned out at the celebratory function staged in the Kilkee man’s honour that doubled up as a fundraising night for the West Clare Cancer Centre in the town.

On the night friends, former teammates and rivals from around the county and around the country joined together to pay homage to the Kilkee colossus Keane whose remarkable athletics career saw him win 56 AllIreland titles between 1969 and ’79.

“Willie Keane was the king,” said former international cross-country colleague Mick Priest from Meath, “and as far as I am concerned he still is the king who did so much for NACA athletics in his career,” he added.

Sixty-three-year-old Keane was interviewed on the night by RTÉ GAA correspondent Marty Morrissey and in a wideranging discussion that was interspersed with contributions from the floor he recalled a stellar career in which he landed national titles in every distance on the track from 1500 to 10,000 metres as well as being cross-country runners of his or any generation.

“Every organisation needs a hero,” said former rival Colm Rennicks. “We didn’t have to look any farther when we got Willie Keane. That man is a legend. When you’re in the presence of greatness, you should recognise it. I knew I was in the presence of greatness the first time I met him. I still think it – it hasn’t changed,” he added.

World renowned physical therapist, Gerard Hartman revealed how it was the Keane who inspired to get involved in athletics – a journey that saw him become a scholarship student in America, multiple triathlon champion and physio to such athletic luminaries such as Paul Radcliffe and Sonia O’Sullivan among others as he has treated 61 Olympic medal winners and 47 World Champions.

“I used to see this man on Kilkee beach in an An Clár vest going up down, up down, up down. I didn’t who he was,” revealed Hartmann. “Willie was professional even though he didn’t know he was – it was his application that helped him win 56 national titles.

“Willie Keane was a great inspiration to us all – when I saw him on the beach in 1972 and I was inspired. I started running and became national triathlon champion seven times and been to six Olympic Games as a physical therapist.

“I wonder how many people have been inspired by Willie Keane – I’m sure up the country they’re all around the country. You were an inspiration to me. It’s a phenomenal tribute when you’re acclaimed by your own people. The parish and the people around you who value what you did are here tonight to respect years and years of application, dedication and success,” he added.

Among the other contributors on the night included Willie Keane’s wife Marie, Laurance Larkin of St John’s AC, former Clare NACA chairman Tommy McCarthy, Ger Keane on behalf of the Keane family, Paddy McDonnell who co-hosted the event with Marty Morrissey, chief Kevin Shaloo and Willie McGrath of the West Clare Cancer Centre.