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Legal aid unlikely for couple contesting the repossession of home

A WOMAN whose home is due to be repossessed by a financial institution has been told she will be able to stay there for Christmas.

The woman was one of a number of debtors who appeared at a sitting of the County Registrar’s court at Ennis Courthouse on Friday.

A financial institution is seeking possession of the woman’s house in Clare. Details of the application were not heard, as this was the first time the application was before the court.

County Registrar Pat Wallace asked the woman who was living in the house. The woman said she and her two children were still in the property. She said she would not be contesting the application. Mr Wallace adjourned the application to November 14.

“Do you think I’ll still be in the house for Christmas,” she asked the registrar. He told her she would.

In another case, the county registrar advised a couple seeking to adjourn an application for repossession to “stop this mumbo jumbo for legal aid”.

The couple owes € 74,795 to AIB for a mortgage in South East Clare.

The defendants, who were not in court and not legally represented, have failed to make monthly repayments.

Solicitor for the bank said attempts to make the couple re-engage with the process have proved unsuccessful.

Mr Wallace said, “I don’t know what is going on with these defendants. The money is not insurmountable.”

The court heard that couple are attempting to get legal aid and have sought an adjournment of the application.

The registrar said he believed the application was a “waste of time” as he believed legal aid would not be granted.

He told the bank’s solicitor to make contact with the debtors. He said it was time for the couple to start engaging with the process. “Tell them facts of life and that something is going to happen”.

“They have to stop this mumbo jumbo with legal aid that will probably be refused,” he added.

He directed the bank to make contact with the debtors. He adjourned the application to November.

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‘Pick and spade work sentence for Dunnes drink thefts’

AN ENNIS man who stole bottles of spirits from Dunnes Stores has avoided jail but has been ordered to do some “pick and spade” work around the town. At Ennis District Court on Wednesday, Patrick McCarthy (21) was ordered to do 200 hours of community service in lieu of four months in prison, after pleading guilty to theft and public order offences.

Mr McCarthy admitted stealing bottles of vodka, Jack Daniels whis- key and Captain Morgan’s rum from Dunne Stores on February 4.

He further admitted stealing rum and whiskey from Dunnes Stores on February 9. Those bottles were later recovered, the court heard.

Mr McCarthy, with addresses at Woodlawn, Lahinch Road, Ennis and Ballaghboy Halting Site, Quin Road, Ennis, also pleaded guilty to being intoxicated to such an extent to be in breach of the public order act at Ballaghboy on May 14.

After being told Mr McCarthy had a number of previous convictions for theft, public order and drugs offences, Judge Patrick Durcan said the accused had an “appalling record”.

“He’s got a masters degree at this stage”, Judge Durcan said.

Defence solicitor Tara Godfrey told the court her client had a very difficult childhood. She said Mr McCarthy started taking head shop type drugs, aged 15 and has had serious problems with alcoholism.

The court was told he is currently awaiting sentence in the Circuit Court on a criminal damage matter.

Judge Patrick Durcan imposed pris- on sentences totaling four months but substituted them for 200 hours of community service.

He said this was a time of the year when Ennis is in competition for the Tidy Towns.

The Judge said he was sure the local authorities in Ennis would appreciate a few “pick and spade merchants” doing work around the town.

He remanded Mr McCarthy on continuing bail to appear again at Ennis District Court on September 17 for a pre-sentence report from the Probation Services.

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‘Irish Water couldn’t find Doolin on map’

QUESTIONS have been raised over the ability of the newly-formed Irish Water to deal with the county’s water supply following a serious water disruption in the Doolin and Lisdoonvarna area last week. One local man, who reported the fault to the new state water agency, said that the agency could not find Doolin on the map and had no record of a fault the area, despite dozens of reports made by local people. Irish Water took over the management of the local water system from Clare County Council in January. Residents in sections of Doolin and Lisdoonvarna reported that their water turned a dark-brown colour on Tuesday last, and became smelly and undrinkable. According to Doolin resident James Corbett, Irish Water could not locate Doolin when he contacted them. “The water was brown, dark brown, and you just couldn’t drink it. It was the same all over Doolin and Lisdoonvarna. At first I called Clare County Council, they said they had received more then 400 complains about the water but it was no longer their responsibility, it was Irish Water,” he said. “So I rang Irish Water myself and they didn’t know anything about it. They couldn’t find Doolin on the map. The person I spoke to thought it was down beside Kilkee. There was no notification that this was going to happen. “We have two newspapers and a radio station and yet the people were given no warning.” A spokesperson from Irish Water yesterday confirmed that the water supply in North Clare was now back to normal. “Maintenance work was carried out in the last number of days on the distribution network by Clare County Council and this activity may have caused discolouration on the network. “Both Doolin and Lisdoonvarna were affected by this issue which has now been resolved,” said the spokesperson.

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‘Grave concerns over mostly English planning proposal’

COUNCILLORS clashed during last Friday’s special meeting of Clare County Council about a proposal to allow a “mostly English owned” company to build a crematorium in Clarecastle which the local authority had recently turned down plans by “one of our own” to construct a similar facility in Shannon.

Independent councillor Ann Norton warned that Clare County Council must be seen not to “discriminate” against any proposal which could potentially bring development and jobs into the county.

His comments came in the wake of an outburst by Cllr James Breen (Ind) who questioned proposal because it was being put forward by a “mostly English” company. Cllr Breen raised concerns about other planning permissions which were not granted in the area.

“I know a gentleman living in that area [Clarecastle] who is receiving dialysis two times a week. He wanted to sell two sites on his land to pay for his treatment and he is being told that he can’t,” said Cllr Breen.

“To bring two applications [the Clarecastle and Shannon cremato- rium proposals] to the council at the same time was wrong. That, as far as I am concerned, is playing off one against the other.

“We can grant planning to a consortium which is mostly English owned and we turn down one of our own. I don’t think this is right and this council should not accept the proposal.”

A spokesperson from Clare County Council explained that both applications had come before the July meeting of the local authority because a decision to sell council land for the Shannon proposal was delayed as a result of the local elections.

Speaking on the proposed Clarecastle crematorium, Cllr Ann Norton said that Clare should be open for both local and international investment.

“I think it is important as councillors that we are not seen as discrimination against anyone who comes into Ireland and wants to invest. We have to appreciate that Ireland needs jobs and need to bring in outside businesses. As councillors, we need to show that we are open for business in Ireland regardless of whether they are local companies or outside businesses who are coming into invest,” she said.

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Beach tannoy annoucements to stop dogs falling foul of the law

THE dog days are coming to an end on two of Clare’s flagship seaside resorts as a new loud-speaker system, designed to prevent dog fouling, has just been installed on Lahinch and Kilkee beaches.

The new high-tech tannoy system, which was installed on both beaches yesterday afternoon, will give beach users an audio warning, asking them to obey the beach bylaws and clean up after their dogs.

The system is motion activated, with a message being played every time a member of the public, or indeed a dog, comes close to the sensor array, which is located on the promenade of both beaches.

Contrary to local speculation, the system will not include a high frequency warning that can only be heard by dogs, but will be powered off at night to prevent the warning from becoming a nuisance to local people trying to get to sleep.

The public address system is the latest part of Clare County Council efforts to change public attitudes towards littering and is the brainchild of new Irish company, Riteview.

The company have been in Lahinch and Kilkee for the past two weeks, conducting a survey of dog use on the beach and the level of dog fouling. Company founder, Aidan McDermott, yesterday predicted an 60 to 80 per cent reduction in dog fouling over the next month.

“It’s a small unit which is attached onto a poll on the promenade in Kilkee and Lahinch. When somebody walks past it triggers an audio message.

“This audio message is customisable so it can whatever the local authority want, so in Lahinch and Kilkee it will focus on cleaning up after your dog fouling.

“It’s about changing people’s attitudes and the culture generally. The idea is to make it socially unacceptable for someone to turn a blind eye as their dog leaves fouls in the beaches. It is about tacking the unsightly nature of dog foul and the health ef- fects, it can be a dangerous thing for children, especially in seaside areas when they are digging in the sand. It will also shut down at night. So if people coming home from the pub want to have some fun by triggering it off over and over again, they won’t be able to.

“We are tracking the results in Kilkee and Lahinch. We have been doing an analysis over the past number of weeks and assessed things like the number of dogs on the promenade, the peak times of the day for dog walkers and the level of dog fouling. We will be tracking the results from the Clare beaches and we would hope to see improvement of at least 60 per cent but it could be as high as 80 per cent or higher.

“This is a preventative measure. It a positive message about changing people’s behaviour and saving money, both for the dog owners themselves and the overheads for the council who won’t have as many prosecutions to follow through on.”

Riteview is an Irish start-up company based in NUI, Maynooth.

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Minister called on to fund Tulla Rd roundabout

COUNCILLORS in Ennis have called on the Minister for Transport to release funds for the development of a € 250,000 roundabout on the Tulla Road in Ennis.

Clare County Council is proposing to develop a roundabout near Oakleigh Woods and Cappahard to alleviate traffic issues in the area.

Residents have long campaigned for the measures to improve safety on the road.

At the July meeting of the Ennis Municipal District Committee (MDC), councillors agreed to write to the Minister for Transport to see if funds are available for the project.

The discussion stemmed from a motion tabled by Cllr Clare Colleran Molloy (FF). Cllr Colleran Molloy wants the council to address the need for “additional signs for Ennis town centre on the northern part of the motorway at the current Tulla / Scariff exit”.

She is also seeking brown exit signs at the current Quin exit for Quin Abbey and Knappogue Castle.

In his reply, Eamon O’Dea, Senior Executive Engineer, stated, “Junction 13 on the 18 is not intended as a primary access road to Ennis and provides a means of direct access at R352.”

He continues, “I would not be recommending the inclusion of Ennis on the signs at junction 13 until the Cappahard Roundabout is constructed.”

Mr O’Dea told the meeting that any motorway signs encouraging traffic to access the town centre via the Tulla Road would put “severe pressure” on the route.

Mayor of Ennis MDC, Johnny Flynn (FG) proposed the committee write to the minister’s office to seek funds for the roundabout.

Cllr James Breen (Ind) said the roundabout is badly needed. Cllr Pat Daly (FF) described the project as “very important”.

Cllr Ann Norton (Ind) said there are a lot of families living in the area. She called on the committee to write a strongly worded letter to the minister.

In May, Director of Service, Ger Dollard told a meeting of the former Ennis Town Council that funding for the roundabout project is unlikely to be available in the short to medium term.

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Councillors reject crematorium plans

CLARE is set to remain a crematorium free zone, as councillors from Clare County Council voted against plans to construction two separate crematoriums at Clarecastle and Shannon in the past eight days.

The latest proposal, which came before a specially convened meeting of the local authority on Friday, included plans for a € 5 million development including a crematorium and a massive graveyard capable of accommodating up to 4,000 graves.

The project, which was proposed by Fenloe Properties Ltd, came be- fore the council because the land earmarked for the development had been zoned residential and a material contravention of the Clare County Development Plan was required in order for the planning to go ahead.

Indeed, a planning application for the proposed facility was already at an advanced stage with the CEO of Clare County Council, Tom Coughlan, stating before the debate that planing would almost certainly be granted – if the councillors had voted for the re-zoning.

A large crowd packed the public gallery during the debate, which lasted for nearly an hour. A number of councillors raised issues in rela- tion to the proposed Clarecastle site including the potential for pollution reaching the local water system, the traffic management of the site and a previous planning application for 250 houses on the site.

A number of procedural issues were also raised in relation to the proposal, including the proposal being advertised in the national and not the local media, with some claiming that more locals would would have made submissions on the proposal if it had been advertised locally.

Councillors also questioned why the zoning issue was not brought before the council before the applicant entered into the planning process.

“I would have though it unusual for planning application to be made on lands that was known not to be appropriately zoned. I don’t see why this has taken place in this way,” said Cllr Michael Begley (Ind).

“I don’t understand why a decision was made on the planning before a material contravention was granted. Would it not have been more appropriate for a material controvention to be made before this go so far in the planning process.”

Before the vote Clare County Council CEO, Tom Coughlan, said that the would be no change to council policy towards local burial ground no matter what the outcome of the Clarecastle facility.

“The council’s policy regarding the development of burial grounds is community driven. Unless there is a change of mindset at community level, we don’t see this changing. There will be no bylaw passed by Clare County Council to say that people cannot intern their loved ones in their local community,” he said.

The matter was put to a vote with 11 councillors voting to grant the material contravention and 15 voting against it. There was no party whip applied to the vote and councilors from all political party’s both supported and opposed the crematorium.

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Threw pint glass after being refused admission

A MAN who threw a pint glass at a car during an altercation outside a country and western concert in Ennis has received a suspended prison sentence.

Martin McDonagh (19) hurled the glass at a car containing two people outside Treacy’s West County Hotel on June 8, 2014 Ennis District Court heard on Wednesday.

The incident occured while singer Nathan Carter was performing inside the Limerick Road venue.

Inspector Tom Kennedy told the court Mr McDonagh was refused entry to the concert.

He said the accused went out to the car park where he became embroiled in a verbal argument with two people in a car.

The court heard the two people were shouting at McDonagh, saying they were going to fight him.

Insp Kennedy said Mr McDonagh responded by calling them “scumbags”.

The gardaí were called. Mr McDonagh was restrained by two detec- tives but managed to escape and pick up a pint glass, which he threw at the car. No one was injured.

Mr McDonagh, with an address at Drumbiggle Drive, Ennis, pleaded guilty to engaging in behaviour with intent to provoke a breach of the peace.

A charge of criminal damage against him was struck out following an application from the State.

Defence solicitor William Cahir said his client was not intoxicated on the night.

He said Mr McDonagh was previously involved in another case where he assisted the gardaí. He said that was why the people in the car verbally abused his client.

He said Mr McDonagh “let fly” with the pint glass out of “pure frustration”.

Mr Cahir said there was never any risk of anyone getting hit by the glass.

“He fully accepts he should not have done it”, he added.

Mr Cahir said his client intends moving to Galway with his wife.

Judge Patrick Durcan said he does not like incidents where people throw glasses.

Mr Cahir told the Judge that Mr McDonagh did not intend using the glass as a rocket.

“It was flung in frustration”, he added.

Mr Cahir said his client was a witness in a different case and may have been put under pressure from other sides.

The court heard he has never been involved in any disputes in Ennis.

Asked for his view on the incident, Insp Kennedy said;

“It’s hard to determine what his intentions were with the glass but he let it go one way or the other”.

Judge Durcan imposed a two-month sentence but suspended it on condition Mr McDonagh be law abiding.

In sentencing, Judge Durcan said he was taking into consideration a number of factors, including the accused’s age and the fact the glass had been thrown at a car and not a person.

He told Mr McDonagh was a “very lucky young man” not to be going to prison. A MA N accused of attempted robbery at a shop in Shannon last month has denied the charge. Ger Delaney (28), with an address at Rossbracken, Shannon, appeared before Ennis District Court on Wednesday. He is charged with attempting to rob money froma female staff member at Mace stores, Ballycasey Crescent, Shannon on June 24. During a bail application, Mr Delaney told the court,“I’mcontesting this charge. I did not commit this offence.” The State opposed the bail application brought be defence solicitor John Casey. Det Sgt Kevin O’Hagan of Shannon Garda Station outlined the grounds for the State’s opposition to bail. He said these included the seriousness of the alleged offence and alleged strength of the alleged evidence. Det Sgt O’Hagan said it is alleged that Mr Delaney entered the shop brandishing a kitchen knife.The court heard that staff resisted demands for money to be handed over. Det Sgt O’Hagan said customers in the shop at time intervened and forced the man alleged to be Mr Delaney, fromthe shop. Mr Casey cross-examined Det Sgt O’Hagan. Mr Delaney also gave evidence. He urged Judge Patrick Durcan to release himon bail. “I’mcontesting this charge. I did not commit this offence”, he added. Judge Durcan said that he was satisfied on the basis of Det Sgt O’Hagan’s evidence that he could refuse bail. He remanded Mr Delaney in custody to appear again in court on August 11. Inspector TomKennedy said directions fromthe Director of Public Prosecutions (DPP) are awaited in the case. A MA N has pleaded guilty to having heroin for sale or supply in Ennis last year. Gardaí discovered heroin valued at €492 and cannabis worth €125 at the then home of Mao Kimbadi (41) in Sandfield Hall, Ennis on October 24, 2013. Details of the raid were heard at Ennis District Court onWednesday. Inspector TomKennedy told the court gardaí found 24 individual deals of heroin in the kitchen of the premises.A quantity of cannabis was also discovered. Mr Kimbadi pleaded guilty to two charges – having diamorphine for sale or supply and having cannabis for sale or supply. Defence solicitor John Casey said his client made full and frank admissions in respect of the offences. He said Mr Kimbadi sold the drugs to feed his own habit. “He’s a hopeless heroin addict caught up in a cycle”, added Mr Casey. Mr Casey described Mr Kimbadi as being on the “lowest rung of the ladder” when it comes to drug dealing. Mr Kimbadi has previous convictions for theft and drugs offences. He is currently serving a six month prison sentence. Judge Patrick Durcan adjourned sentencing to November 25. He also ordered a report fromthe Probation services. A MA N has been remanded in custody after being charged in connection with a disturbance that occurred at a house in Kilkee this month. Ciaran Fitzgerald (24) is facing five charges arising fromalleged incidents at his home at Erin Street, Kilkee and Kilrush Garda Station on July 17. Mr Fitzgerald appeared before Ennis District Court on Friday where Garda Eoin Daly gave evidence of arrest, charge and caution. Mr Fitzgerald is charged with four alleged offences arising fromhis alleged behaviour at Erin Street. He is charged with engaging in behaviour with intent to provoke a breach of the peace. He is facing two separate charges of assaulting two different women. He is also charged with the criminal damage of a glass mirror. He is further alleged to have caused criminal damage to a cell at Kilrush Garda Station by allegedly urinating on the cell floor. Legal aid was approved for solicitor Fiona Hehir. Ms Hehir told the court she did not have a bail application at this stage. Judge Patrick Durcan remanded Mr Fitzgerald in custody to appear again at Ennis District Court tomorrow.

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Lord of the Rings link to Burren

A SOLID link connecting the Burren and the Lord of the Rings may finally have been established following extensive research by a Northern Irish scholar.

Dr Liam Campbell has studied a number of edits undertaken on JRR Tolkien classic fantasy novel between 1949 and 1954, when it was first published. By painstakingly cross-referencing the individual edits with known visits by JRR Tolkien to North Clare, Campbell believes he has, for once and for all, proved the connection.

According to Dr Campbell, who will speak at next month’s Burren Tolkien Society Festival, some of the discovered passages read like a virtual road map to the Burren.

“I have evidence of late passages which were put into the book in the 1950s by Tolkien. Once you are aware of the chronology of the book, and when he edited certain section, you can see some of the later edits which when written up read like a road map to the Burren,” said Dr Campbell.

“Many people say that the Lord of the Ring was finished in 1948, before his visits to Ireland, but I also uncovered a letter between Tolkien and his editor from April of 1953 in which he says ‘at last I have finished the book’.

“I know that he did a major rewrite of the whole book in 1952 with his son, and that took place after he came to the Burren and experienced the place.”

Dr Campbell will reveal specific passages from the book, which is the second most published book of all time, which have a distinctive Burren influence, and is keeping the exact details close to his chest until the Burren Tolkien Society Festival in August.

“It is true to say that if I was to read some passages to you, and told you it was a tourist guide to the Burren, you would not bat an eye lid. I can’t speak on which sections of the book have these passages but I will reveal that during the talk,” continued Dr Campbell.

“There is a deep connection between the book and the Celtic mythology. I would almost say that so much of the information about the Elves in the book comes almost directly from Celtic mythology.”

For more on the Burren Tolkien Society visit www.burrentolkiensociety.ie.

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Quilty faces winter without flood defences

MORE than 16 families in the Cloughaninchy area of Quilty face an anxious wait this winter as it is now seems virtually certain that no fresh flood defenses will be in place before next year.

Residents of the area, which bore the brunt of severe storms in January and February of this year, face an anxious winter with little protection from a similar storm or high tide event. According to local councillor Michael Hillery (FF), Clare County Council have had its hands tied on this issue – as central government have yet to respond to a funding request following St Bridget’s Day Storm last February.

“There is no firm date for works to start in the Quilty, Tromera and Cloughaninchy coastline.

“We are currently awaiting a response from central government in relation to the February storm damage assessment and coastline protection works. When this response is received we will be able to progress with a fully resourced programme of coastline repair work for the entire county,” said a council spokesperson last week.

According to Cllr Hillery, people in the area are already starting to get nervous ahead of possible storms this winter.

“The council has put in a request but the Government has not responded so money can’t be allocated and work can’t be done. The council’s hands are tied, there is nothing they can do until they get some response from government,” he said.

“The residents are very concerned, especially for their homes, but the local roads and farms were also badly effected last year. It’s already too late, nothing will happen this year.

“The whole area are concerned but especially the residents of Cloughaninchy. These people are facing next winter with nothing in place to protect them if something happens again this year.

“We had a number of Ministers down here and they all made promises. It really was just a PR visit and nothing has actually happened.”