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Legal aid granted for South Clare man (39) charged with sex assault

A CLARE man has appeared in court charged with sexually assaulting a girl in the county just over a year ago.

The alleged offences are alleged to have occurred at a named address in South Clare.

The 39-year-old man, who cannot be named for legal reasons, is charged with five counts of sexual assault of the female on dates unknown between December 1, 2012 and January 2, 2013.

The alleged offences are contrary to section two of the criminal law rape amendment act as amended by section 37 of the sex offender’s act 2001. A schedule of the evidence of arrest, charge and caution of the accused was handed into court by Insp Tom Kennedy.

Defence solicitor Oonagh Moylan made an application for legal aid. However she said this was not a normal application.

She said her client is a factory worker but has debts of € 17,000.

Ms Moylan said the case could require the services of both junior counsel and senior counsel.

She said the legal aid application was an appropriate one given the serious nature of the charges her client is facing. She said her client had filled out a statement of means.

Inspector Tom Kennedy said the State had no objection to legal aid.

He said the case would proceed on a book of evidence to a higher court and that senior counsel may ultimately be engaged.

Judge Durcan granted legal aid.

He also imposed reporting restrictions. Judge Durcan ordered that the name of the accused, the alleged victim and the location of the alleged offences not be published.

He said the media could say the accused is from Clare and could also refer to the general geographical area where the offences are alleged to have occurred. THE case of three people charged following an altercation outside a pub in the Parnell Street area of Ennis last year is due to be heard on October. Solicitors for Kevin Cooper (52), Terry Sherlock (26) and Martin Sherlock (27) told Ennis District Court on Wednesday that a date for hearing would be required. The case, which involves allegations of assault and public order offences, is expected to take three hours to hear. Mr Cooper, with an address at Drumcairnmore, Loughville, Ennis is facing a charge of assault causing harm arising out of an alleged incident near Barcode Bar on March 31, 2013. Martin Sherlock, with an address at Clancy Park, Ennis, is charged with assaulting Mr Cooper arising out of the same circumstances. It is also alleged Martin Sherlock engaged in threatening, abusive and or insulting behaviour at Parnell Street on March 31. Another man Terry Sherlock with an address at Westbourne Watery Road, Ennis is charged with assaulting Mr Cooper at Parnell Street, Ennis on March 31. On Wednesday, solicitor for Mr Cooper, Stephen Nicholas told the court the case involves lengthy CCTV footage. Inspector Tom Kennedy said seven witnesses may be called to give evidence. The court heard the case could take three hours to hear. Judge Patrick Durcan set October 28 as the date for hearing.

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Bishop appeals for ‘flexibility’ for rural schools

THE Bishop of Killaloe, Dr Kieran O’Reilly, has appealed to the Mi nister for Education to show more “flexibility” when it comes to the issue of small r ural primar y schools.

Dr O’Reilly said concer n over the future of small schools is an issue throughout his diocese.

Addressi ng an audience, that included Minister Ruai ri Quinn, at the opening of t he new Ennis Na – tional School on Friday, Dr O’Reilly urged t he Gover nment to be more sympat hetic to the concer ns of r ural schools.

“I have t he ver y happy task of perfor ming confirmation ceremonies around t he count r y. One of the things that has come to my attention ver y forcefully, and I said I was goi ng to bend the Minister’s ear when he was here. I wasn’t sure if I would do it public but I’m going to do it publicly,” said Dr O’Reilly.

He continued, “It’s the issue of the numbers in small schools. I know you are ver y much aware of it. My only appeal to you and to your depar tment officials would be to see if there is any level of flexibility, even in a small two or three numbers that could be applied. People have spoken here about beauti ful schools, classrooms with whiteboards that are now going to lose a teacher because of maybe one or two students. I know you are const rained and we read it all the time i n the media. But I think having heard it in our diocese, which goes from West Clare up to Offally and into a small bit of Laois, it is a ver y impor tant thing on t he ground and I’m sure your local representatives have said it to you.”

Speaking afterwards, Minister Quinn said he would be meeting with t he Irish National Teacher’s Organisation (INTO) to discuss the issue.

He said, “There are personnel issues, there are capacity issues and there are fal ling numbers in some par ts. But we are tr yi ng to get a sensible solution to it. When you use the pupil teacher ratio as the only measure, which is what I’ve inher ited and is t he only instr ument I have, you can’t have t he flexibility you requi re at a time when some schools are losing population and some are growing.”

Minister Quinn continued, “I’m quite prepared [to be flexible] i n isolated r ural areas where t he schools is essential for the health of the act ual community itself. That is quite different to a place where there is t hree schools in two kilomet res of each ot her. And yet they are both being treated the exact same.”

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Liam ships out after 41 years

WATER safety officer Liam Griffin has retired from Clare County Council after more than four decades service.

Last summer the Ennis man led the campaign for people to stay safe in Clare waters during one of the warm- est spell in almost a decade.

As well as over seeing water safety in the county’s public bathing areas, Mr Griffin was also charged with responsibility for the Civil Defence.

The proud Eire Óg man joined Clare County Council on July 16, 1973, as an assistant civil defence officer.

He served in this role until 1996, when he was appointed Civil Defence Officer and Water Safety Development Officer.

Retiring “a few years early” to make the most of his retirement years, Mr Griffin said he was looking forward to the freedom of not being governed by the clock and the freedom to travel more, even at short notice.

First on his itinerary is a trip to America with his wife Marie at the end of the year.

“I have been most places in the world except America, so the trip is planned,” he said.

He is also looking forward to spending time with his family – daughters Sinead and Eimear, son John and his fiancé Jenny, and son-in-law Aidan – as well as his grandchildren, the fourth of which is due to make their way into the world any day.

Asked if he will miss the job, the father of three said, “I have made a huge amount of friends and friendships through the years, but those will be friends for life.”

The Mayor Joe Arkins (FG) and county manager Tom Coughlan led tributes to Liam for his outstanding work in the area of civil defence and water safety over 41 years.

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Arrests made after series of GAA thefts

TWO Limerick men appeared before a special sitting of Ennis District Court yesterday charged in connection with thefts from cars in Clare GAA grounds on Sunday.

Jonathan McCarthy (23), with and address at Quarry Road, Thomondgate, Limerick and Samuel Quilligan (25), with an address Altamira, Thomondgate, Limerick, are accused of stealing a hurley and € 20 from a car in Sixmilebridge GAA club on May 18.

They are also charged with the theft of a crate of Smirnoff Ice from a car in Broadford GAA club on May 18.

Mr McCarthy is accused of causing criminal damage to a side window of a car in Kildooras, Clonlara on the same day.

Detective Garda John Mulvihill of Killaloe Garda Station gave evidence of the arrest, charge and caution of Mr McCarthy.

He said in response to two charges, the accused replied, “I’m very sorry”. In reply to the other charge, Mr McCarthy said, “I’m very sorry. I will pay for the costs”.

Detective Garda Bernard Casey of Killaloe Garda Station told the court Mr Quilligan made no comment to charges after caution.

Both men were granted bail subject to a number of conditions.

They were ordered to reside at their addresses; observe a curfew between 11pm and 7am and be available for inspection to gardaí.

They were ordered not to drive any motor vehicles until the case is resolved.

Both men were also ordered to stay out of Clare except for court business. Solicitor for both accused, John Herbert, told the court Mr McCarthy intends to receive immediate psychiatric treatment.

Judge Mary Larkin said Mr McCarthy must notify gardaí of any change in his address.

Both men were assigned legal aid after Mr Herbert said they were suitable candidates.

A third person, Danika Frahill (22) also appeared before the court.

Ms Frahill, with an address at Caherdavin Shopping Centre Apartments, Limerick, is charged with handling a stolen Nokia mobile phone at Shannon Garda Station on May 18. Detective Garda Stephen Ryan of Shannon Garda Station said Ms Frahill made no reply to charge after caution.

Ms Herbert told Judge Larkin that Ms Frahill is presently out of work and a suitable candidate for legal aid. The accused was granted bail on the same conditions as Mr Quilligan and Mr McCarthy.

All three were remanded on bail to appear at Killaloe District Court on July 1 for DPP’s directions.

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Claims of abuse against ‘Father A’ in US

FR TOM McNamara, the priest identified as “Father A” in last week’s review of safeguarding practices in the Diocese of Killaloe, may have abused children in America before returning to the diocese in the late 1960s.

Reports of three separate allegations of abuse involving Fr McNamara have emerged.

These reports involve separate allegation made by adolescents in the Diocese of St Augustine in north Florida where the Clare priests was stationed on dates between 1966 and 1968.

The diocese, which is located near Jacksonville in north Florida, say it was not aware of any subsequent abuse carried out by Fr McNamara until after the priest’s death in 1997.

A report by the Diocese of St Augustine undertaken in 2004 identifies Fr McNamara as the priest accused of “inappropriately touching” three youths during his service as a visiting priest in diocese in the late 1960s.

At the time of the report, a spokes- person from Diocese of St Augustine, which represents 162,000 Catholics, said there was no indication that diocesan officials knowingly returned the priest to an unsuspecting Irish church.

Indeed, according to the report, officials in the diocese only became aware of the allegations in 2003 six years after the death of Fr McNamara.

According to reports, McNamara served as a visiting priest at Christ the King and St Patrick parishes in Jacksonville. It is not clear if the allegation were made by boys or girls – or if the alleged abuse took place on church grounds.

The Bishop of Killaloe, Kieran O’Reilly, last week says he regrets the actions taken by the diocese, which allowed Fr McNamara to remain in active ministry for more than three decades, despite allegations of sexual abuse being made against him.

At the time of the initial abuse, Fr McNamara was not removed from active ministry but was instead sent by the diocese for therapy.

Fr McNamara retired from active minister in 1993 and died in 1997, aged 77.

Patrick (Brud) SKEHAN
, Faheymore, Bridgetown. Peacefully in the Millbrae Lodge Nursing Home, Newport. Removal fromhis residence on Tuesday for 11.30amRequiemMass in Bridgetown church. Burial afterwards in the adjoining cemetery. May he rest in peace.

Bridget (Pydge) STACK (née McNama
ra) , Deerpark, Newmarket-on-Fergus. Formerly of Glin, Co Limerick. RequiemMass in Sixmilebridge Parish Church today (Tuesday) at 12.30pm, followed by burial in Killeen Cemetery. May she rest in peace.

Michael O’BRIEN
, 8 Summerhill, Ennis. Laid to rest in Drumcliffe Cemetery. Donations, if desired, to the Clare 250 Mile Cycle. May he rest in peace.

PJ GINNANE
, Quay Road and formerly of Horse Island, Kildysart, Clare. Peacefully at his residence. Laid to rest in Kildysart. May he rest in peace.

Kieran MCNAMARA
, Portobello, Dublin/Kilkishen, late of Enagh East, Kilkishen. Laid to rest in Clonlea Cemetery. May he rest in peace.

James (Jimmy) RYNNE
, Ballykeale, Kilfenora. Peacefully. Laid to rest in Kilfenora cemetery. May he rest in peace.

Marie CLANCY (née McDonagh)
, Kilnaboy Road, Corofin, formerly of Glasha, Doolin. Laid to rest inThe Holy Rosary Cemetery, Doolin. Donations, if desired, toThe Irish Cancer Society Night Nurse Fund. May she rest in peace.

Patrick DILLON
, Muckinish, Ballyvaughan. Pecefully after a short illness. Laid to rest in Bishopsquarters Cemetery. May he rest in peace.

Kathleen KELLY (née Phelan)
, Rock Bungalow, Old Gort Road, Ennis. Peacefully at the University Hospital Limerick. Laid to rest in Drumcliffe Cemetery. May she rest in peace.

Jane O’SHEA (née Sutton)
, Darragh, Ennis. Laid to rest in Ballyea. Donations, if desired, to Milford Hospice. May she rest in peace.

Hugh RICE
,Attyterilla, Ruan. Peacefully at Milford Hospice Limerick after a short illness. Laid to rest in Ruan Cemetery. Donations, if desired, to Milford Hospice. May he rest in peace

Eamon LEAHY
, 48 Cronin Park, Shannon. Laid to rest in Illaunamanagh Cemetery. May he rest in peace.

Tony LYNCH
, Lissycasey. Peacefully at Cahercalla Hospice. Laid to rest in Lissycasey. Donations if desired toWest Clare Cancer Support and Cahercalla Hospice. May he rest in peace.

Martin QUEALLY,
Meelick, Inagh. Laid to rest in Inagh. Donations, if desired, to Milford Hospice. May he rest in peace.

Michael ROUGHAN
, Ennis, Galway. Formerly of Ballyneylon, Fountain. Laid to rest in the new Cemetery,Athenry. May he rest in peace.

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Knife find at Ennis courthouse

A HOME-MADE knife was discovered in the entrance at Ennis Courthouse following a number of scuffles that broke out on Wednesday.

Gardaí are investigating altercations which flared up between members of two families who were present in the courthouse on the day.

A fight between younger members of both families developed at the entrance at around 11am.

The courthouse was busy with sittings of Ennis District Court and the High Court underway.

People standing in the lobby area initially thought the parties were “messing about” but the incident turned serious when a male teenager was knocked to the floor and struck a number of times.

There was a large number of gardaí present inside the district court positioned between the families who were sat at opposite sides of the courtroom.

Men from either side traded verbal insults. At one point, Judge Patrick Durcan said he would adjourn court business if peace was not kept in the courtroom.

Judge Durcan said law and order was not being maintained in the courtroom and said decent citizens who had business in court were being subjected to “vile behaviour”.

Order was restored both inside and outside the courtroom. A number of people were arrested.

The knife was discovered on the floor just inside the front door at around 11.30am.

It is described as home-made, with two short blades sitting on a handle wrapped in red tape.

Gardaí are investigating the incident and are studying CCTV footage taken from cameras in the Courthouse.

The two Ennis families suspected of being involved in the fracas have been engaged in a dispute for much of the past 12 months.

This is the first violent incident to occur in Ennis Courthouse in recent months.

The building was the scene of a spate of similar fights and altercations throughout 2012 and 2013.

Last October Ennis-based solicitor Daragh Hassett told the court there were times during the year when legal practitioners feared for their safety such was the frequency of fights at the time.

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Building boom in the Burren?

A NUMBER of North Clare tourism developments, which appeared to have fallen victim of the recession, could be kick-started in the months ahead following a raft of planning application lodged with Clare County Council over the past week.

Lazarus Investment Limited have lodged four separate application in the past week which could create hundreds of construction jobs and scores of permanent permission if they go ahead.

Each of the application involve an extension of the planning duration of projects originally proposed by the Atlantis Development Company.

Indeed, according to documents obtained from the Company Registration Office (CRO), local businessman John Declan Flanagan, with a company address at ‘The Mermaid’ in Liscannor, is the director of both Lazarus Investment Limited and the Atlantis Development Company.

The first application could see a major redevelopment of two of North Clare’s most iconic pubs – Egan’s and McHugh’s in Liscannor. The application for extension, which was the first made by Lazarus in April of this year, could see major alterations to existing structures located between the pubs.

It involves the demolition of a storage area and toilets at the back of Joseph McHugh’s and a storage buildings at the back of Egan’s and the extension of McHugh including a new storage area, lounge, toilets and an open smoking area. The development will also see the construction of a seven bedroom hostel, five apartments and four commercial units.

The second application involved outline permission for the development a supermarket, crèche, medical centre and a chemist. The site, which is located at Killilagh in Doolin, will also include the construction of five houses.

The third application involved the construction of 11 houses at Teergonean in Doolin. The original planning permission, which was for two three-bedroom houses as well as nine two-bedroom self catering units, was granted planning permission by Clare County Council in 2008.

The fourth application will see the construction of a park and ride facility connecting Liscannor with the Cliffs of Moher.

Separate decision on the retention of the planning permissions will be made on various dates from June of this year.

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FIRST SEAT FOR SHINNERS?

SINN Fein remain confident as early indications suggest it could secure its first Clare County Council seat in living memory when the electorate go to the polls on Friday.

With national polls showing voters favouring Independent and Sinn Féin candidates, those canvassing in Clare said the party is looking strong.

Independent candidates have also reported that people on the doorsteps are indicating support for non-parties and the Government opposition party. Despite being in Government, Fine Gael remains optimistic although cautious, while Fianna Fáil are getting a less hostile reception than the last time they went on the hustings. Meanwhile Labour is reportedly hopeful but taking nothing for granted.

Director of Elections for Fine Gael Edmund Jennings said that while candidates are getting a good reaction on the doorstep, there is a fear there could be a surprise when the votes are counted.

Finbarr MacGabhann, Director of Elections for Sinn Féin in Clare told The Clare People the party was very encouraged by the reception on the doorstep.

Director of Elections for Fianna Fáil Gerry Reidy said that reception on the doorsteps for the party’s candidates is much better than the last local elections in 2009 and general election in 2011.

Labour TD Michael McNamara said that while the party is confident it is taking nothing for granted.

Meanwhile, the majority of Independent candidates believe this is going to be their election as the electorate says anything but party politics.

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‘Everyone knew about it’- fresh allegations of abuse against priest

FRESH allegations of historic clerical sexual abuse in the Killaloe Diocese have emerged in the wake of the publication of a review of safeguarding practices by Bishop Kieran O’Reilly last week.

The report, which was undertaken by the National Board for Safeguarding Children in the Catholic Church of Ireland, details 26 separate allegation made against one priest, identified in the report as “Father A”, which took place on various dates from the mid-60s to the 1990s.

The priest was subsequently identified by Bishop O’Reilly as Fr Tom McNamara, who passed away in 1997.

Since this information was made public last Tuesday, The Clare People has been contacted by a number of people who claim to have been abused by Father McNamara – including one man who alleges that the abuse he suffered was not part of the 26 cases identified in the report.

The man, who has asked not to be identified, claims to have been abused by Father McNamara in an East Clare primary school in the mid to late 1960s.

“He abused me when I was at school. He would line up the boys against the school wall and put his hands inside their trousers. I would have been 12 years-old at the time. He would bring us to matches and no-one would want to sit in the front seat,” said the man.

“It wasn’t hidden at all. Everyone knew about it. What I don’t understand is why the teacher didn’t do anything. She [the teacher who is now deceased] must have known what was going on and did nothing. There was never a formal complaint made. Sure who would I complain to?”

Despite this alleged abuse, the man has a positive outlook towards members of the local church, and Bishop Emeritus Willie Walsh in particular. The man met Bishop Walsh during his time at St Flannan’s School in Ennis and described as “an honorable man, a decent man that you could say something to”.

Current child protection procedures at the Diocese of Killaloe was commended as part of last week’s report. Both current Bishop Kieran O’Reilly and his predecessor Willie Walsh were commended by the report for their handling of allegation made in the diocese and the steps they have taken to improve child safety in the diocese.

The diocese of Killaloe has designated two people, Cleo Yates and Fr Pat Malone, to receive all historic and new reports of abuse. Their contact information is available on www.killaloediocese.ie.

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Man had two cars seized by gardaí within minutes

A CAR enthusiast who punched a business sign and verbally abused gardaí after his vehicle was seized in Ennis has escaped a prison sentence.

Shane O’Sullivan (23) was instead ordered to carry out 75 hours of community service in lieu of six weeks in prison.

At Ennis District Court on Tuesday, Judge Patrick Durcan said Mr O’Sullivan behaved in a “contemptible manner” towards members of the force after being stopped on the Quin Road on May 17, 2013.

The seizure occurred minutes after another car was taken by gardaí from Mr O’Sullivan who had been driving in an enclosed area of an industrial estate.

Garda Liza McDonagh told the court she stopped Mr O’Sullivan’s vehicle on the Quin Road at around 22.54pm because it was in very poor order.

A Garda PSV report subsequently found the car to be defective with problems including three bald tyres and no audible warning device.

Garda McDonagh said that after informing Mr O’Sullivan she was seizing his car, he replied “This is my f*****g car”.

After punching a nearby sign, Mr O’Sullivan told Garda McDonagh and her colleague to go “f*** themselves”, the court heard.

Mr O’Sullivan, with an address at Rockmount Cross, Kilrush Road, Ennis, pleaded guilty to charges of driving a dangerously defective vehicle and engaging in behaviour with intent to provoke a breach of the peace.

His solicitor told the court his client’s behaviour was more in frustration with himself after having two cars seized within a matter of minutes.

The solicitor said his client initially bought the defective car to sell it. He said the vehicle had been booked in for its National Car Test (NCT).

The court heard Mr O’Sullivan comes from a well-known family in the motor trade and intends studying mechanical engineering.

His solicitor said Mr O’Sullivan “behaved outrageously” and subsequently apologised to gardaí.

Judge Durcan asked Garda McDonagh if the apology was genuine. Judge Durcan said that going by Garda McDonagh’s response, Mr O’Sullivan’s had given a “mealy mouthed apology”. Garda McDonagh agreed he had.

The court heard the accused has two previous convictions for road traffic offences and has not come to garda attention since the incident.

Judge Durcan said he regarded this as a “serious offence”. He said Mr O’Sullivan used “foul and filthy language” to gardaí who had just seized his “rattletrap”.

He imposed a € 300 fine and ordered Mr O’Sullivan to complete 75 hours community service in lieu of six weeks in prison.

“Hopefully working for the community he will realise he has to keep his temper under control”. The Judge said.

Judge Durcan said he was also disqualifying Mr O’Sullivan from holding a driver’s license for three months, by way of ancillary order.

However after noting the pleas submitted in mitigation and Mr O’Sullivan’s intentions to work in the motor trade, Judge Durcan vacated the order and did not disqualify him from driving.