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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 Judge Durcan ordered that the name of the accused, the alleged victim and the location of the alleged offences not be published.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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North Clare coast being invaded by ‘marine vomit’

A HIGHLY invasive species of marine animals known as “marine vomit” has been discovered in the waters off the North Clare coast.

The National Parks and Wildlife Service (NPWS) says it is aware of the spread in south Galway Bay area of the carpet sea squirt known as Didemnum vexillum, a highly invasive non-native species that can smother marine life.

Didemnum vexillum are tiny animals in the tunicate family, that form together in massive colonies when conditions for breeding are suitable. These massive colonies spread quickly along the surface of the water, growing over and smothering anything in its path such as muscles, clams, oysters and plant life.

The marine vomit, which is given its names because of the colonies appearance as it spreads under water, is understood to have been carried to Clare from Japanese waters on the hulls of ships or in ballast wa- ter discharged from certain vessels.

It is not as yet clear if it will have a serious detrimental effect on the local shellfish populations, but tests carried out in waters close to Traught Beach on the Clare/Galway border indicate that it could pose a threat locally.

Indeed, these tests reveal a significant presence of marine vomit growing on the sea bed for the first time in Ireland. Up until now concentrations of Didemnum vexillum have been found on floating structures which cause little danger to other marine life.

Once the marine vomit become established it can spread rapidly. Indeed, the species could one day cover the entire of Galway Bay as was seen in George’s Bank between Canada and America where it now covers an area estimated to be more than 200 square kilometres.

Marine vomit has been located at more then six places around the Irish coast but Galway Bay now appears to be at the highest risk of invasion.

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Teens charged following alleged incident on O’Connell St

AN alleged attack by two teenagers on a family vehicle on a main street last month formed part of a “wider dispute” between two Ennis based families, a court has heard.

Three people were in the car when it was allegedly attacked by two males allegedly carrying hurleys on O’Connell Street on April 10.

Two teenagers have been charged in connection with the incident.

They appeared before Ennis District Court and Ennis Children’s Court on Wednesday. They are charged with public order and weapon’s offences.

James Keenan (18), with an address at Childer’s Road Cloughleigh is charged with having a hockey stick intended to unlawfully intimidate or incapacitate a person or otherwise cause criminal damage to a vehicle.

He is also charged with criminal damage of the car owned by a woman and engaging in behaviour with intent to provoke a breach of the peace.

A 15-year-old boy is also charged with criminal damage and engaging in behaviour with intent to provoke a breach of the peace arising from the alleged incident at O’Connell Street.

The teenager, who cannot be named for legal reasons, is further charged with having a hurley intended to cause injury, incapacitate, intimidate a person or otherwise cause criminal damage to the windscreen, bonnet and side of a car while three occupants were on board.

On Wednesday, Inspector Tom Kennedy told the court the Director of Public Prosecutions (DPP) had directed summary disposal of the cases in the district court.

He outlined the alleged facts of the case to allow Judge Patrick Durcan consider whether to accept jurisdiction of the matter in the district or transfer it to the circuit court.

Insp Kennedy said it is alleged both accused were carrying hurleys when they set upon the vehicle owned by Kathleen Doherty.

He said damage costing 4000 euros was caused during the alleged attack. Insp Kennedy said it is alleged the incident is part of a wider dispute between the families.

Judge Patrick Durcan refused jurisdiction, meaning it will now proceed in the circuit court.

Defence solicitor said he consented to the cases being adjourned to September 10 for service of the books of evidence. Both accused were remanded on continuing bail.

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Marathon effort in the Burren

FINAL preparations are being made for the seventh annual Clare Burren Challenge Marathon with thousands of people expected to descend on Ballyvaughan for the event later this Saturday.

The marathon, which is organised each year by the Ballyvaughan Fanore Walking Club, has become a fixture on the Irish walking and running calendar – attracting participants from all over Ireland as well as a growing number of people travelling from abroad to take part.

The challenge, which will take place on May 24, is unique in Ireland – taking participants both on and offroad, across some of the most spectacular terrain and green roads in the Burren.

The marathon offers something for every level of participant with three different courses including the full marathon, half marathon and mini marathon.

The challenge is made possible as a result of excellent support from the local community, as well as the assistance of of Clare Sports Partnership alongside main sponsor Logues Lodge in Ballyvaughan, which is part of the Clare Coast Hotels Group.

The routes take in a number of private property, which is made available with the cooperation of local landowners. Event organisers are aware of the sensitivity of the Burren region and aim to leave no trace with zero waste and active safety policies in place.

All routes are clearly marked and course stewards provide water, fruit and chocolate bars at several points along the route.

Medical support is provided by Irish Cave Rescue Organisation as well as local doctors. For more information visit www.clareburrenmarathonchallenge.com.

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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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‘A wake of a good friend’ in Kilrush

IN ITS last ever meeting on Thursday night, the nine members of Kilrush Town Council merely tied up loose ends before paying tribute to the 129-year history of the local authority and reiterating their belief that the town council would be reinstated.

Signing off on its financial accounts which will be amalgamated with the Clare County Council budget from June 1, the members also agreed to past one unanimous motion calling on “on the Minister for the Environment, Community and Local Government to establish a commission to bring forward recommendations on meaningful reform of local government at town council level that will eventually lead to the restoration of democratic structures at town council level in the near future”.

In his final mayoral address, the man who will be recorded as the last ever mayor of Kilrush, Paul Moroney (Ind) led tributes to the council staff for their dedication to Kilrush town through the years.

“It is a sad day for all of us,” he told the past members, staff and families who had gathered in Kilrush Court House, “but as I said at he outset we have chosen to celebrate the achievements of the council rather than wallow in regret and tearful recrimination.”

Cllr Ian Lynch (Ind) likened the proceedings to the “wake of a good friend”, while Cllr Mairead O’Brien (Ind) said she would have fond memories of her term on the council.

Meanwhile Cllr Liam Williams (FG) spoke of the short sightedness of the Minister for the Environment Phil Hogan for his decision to dissolve all town councils,. “I hope people will continue to get involved in other projects now to keep the town thriving,” he said.

Cllr Marian McMahon Jones (FG), Cllr Tom Clyne (FF) and Cllr Tom Prendeville (FF) also regretted the passing of the council while Cllr Christy O’Malley (FF) remained hopeful for the future of the town with the words, “I trust our successors will progress our work further.”

For Cllr Liam O’Looney (FF) the end of the council was also the end of a family tradition.

“It was a tradition that went before me,” he said remembering his father William who served on Kilrush Town Council before him, and lamented that fact his daughter and two sons could not follow in his footsteps.

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Caused a racket because he didn’t get snack box in his cell

A LIMERICK man said he caused noise and disturbance in Ennis Courthouse yesterday because he only got potato wedges and chicken nuggets for lunch instead of a snack box.

Eddie O’Sullivan (25) was in custody awaiting sentence for stealing money and a bus pass from a disabled man in Ennis last August.

Shouting and banging could be heard from the cell area below the courtroom where Circuit Criminal Court sat on Monday.

When Mr O’Sullivan was called for arraignment a prison officer told Judge Carroll Moran that Mr O’Sullivan was naked. Judge Moran asked that the accused be brought into the courtroom to inform him how he intended to plead to the charge.

Mr O’Sullivan subsequently appeared wearing just boxer shorts and a pair of socks. “I know I’m not dressed appropriately, I’m sorry,” Mr O’Sullivan told Judge Moran.

Mr O’Sullivan, with addresses at Parkview Apartments, Limerick and, John Street Limerick, pleaded guilty to theft of wallet, cash, bank cards and bus pass from a 50-year-old partially paralysed man at Newbridge Road, Ennis, on August 31, 2013.

Mr O’Sullivan represented himself having dismissed his legal team last week. Judge Moran told Mr O’Sullivan his case would be dealt with later in the day.

“Put on some clothes Mr O’Sullivan, you’ll feel more comfortable,” he said.

Mr O’Sullivan reappeared in court some hours later wearing a white striped hoodie; black t-shirt, jeans and runners.

Garda Cyril Paige of Ennis Garda Station said the victim, who walks with the aid of a walking stick, had stopped to rest near the Club Bridge. He said Mr O’Sullivan approached the man, distracted him and stole the items.

A passing motorist witnessed the theft. Gardaí were alerted and Mr O’Sullivan was arrested at the nearby Ennis Swimming Pool.

The court heard the accused has 121 previous convictions. Prosecuting counsel Stephen Coughlan told the court Mr O’Sullivan was on bail when he committed the offence.

Mr O’Sullivan told Judge Moran he had suffered the loss of a number of family members including the recent death in Limerick of his aunt.

Asked by Judge Moran why he had made such a racket earlier in the day, Mr O’Sullivan said he had received wedges and three chicken nuggets while other people in custody got snack boxes. He pleaded with Judge Moran not to impose a consecutive prison sentence. Noting that the accused will spend the next 18 months in prison serving another sentence, Judge Moran adjourned the case to September for a probation and psychiatric report.

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Gang of teens set upon three in car

THREE people endured a terrifying ordeal when their car was set upon by an armed gang of teenagers in Ennis earlier this month.

Gardaí are investigating the incident, which occurred on Friday, May 2, in the Showgrounds Road area of Ennis.

Gardaí were called to the scene af- ter receiving a call of a violent disturbance at Showground’s Court on Drumbiggle Court.

The incident is thought to have occurred sometime between 11pm and midnight on the date in question.

It is believed a car parked in the area was set upon by a gang of around seven or eight teenagers.

Bottles of beer were taken from the boot of the car. The driver of the car is also believed to have been struck in the face with a bottle. The keys of the car along with a small sum of cash were also taken. The Clare People understands that one of the young males suspected of being involved in the attack was carrying a kitchen knife.

The three males who were in the car at the time were said to be “terrified” during the ordeal. One Garda source described the attack on the car and it’s occupants as “vicious”.

Gardaí have launched an investigation into the matter. At least one teenager has been arrested and questioned in relation to the incident. He was subsequently released without charge. It is thought that all those suspected of being involved are under the age of 18.

Investigations into the matter are continuing and a file is being prepared for the Director of Public Prosecutions (DPP).

Mary CARROLL (née Cronin)
, 72 Rossbracken, Shannon. Laid to rest in St Mary’s Church Grounds, Rathkeale. May she rest in peace.

Bernadette (Etta) JONES (née Mc
Namara)

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High fives and selfies for Enda

TAOISEACH and Fine Gael Party leader Enda Kenny said this week that Fine Gael would not increase the Local Property Tax if elected to local government.

In a whistle-stop visit to the Banner County just a week after polls indicate a swing towards independent candidates and people’s dissatis- faction with the introduction of the LPT, Mr Kenny admitted that being in Government was not an easy position.

But as the Mayo man kissed babies, high fived teenagers and shook hands with pensioners it quickly became apparent that he was not about to run into the hostility he was met with an hour earlier in Limerick.

Instead, supported by the party faithful, a two person anti-abortion protest outside the Temple Gate all but went unnoticed, while the mother of a disabled child who lost her medical card had her say in a peaceful manner.

Among those waiting to meet the leader of the country was Noel O’Driscoll, originally from O’Callaghans Mills, whose late father became secretary of the local Fine Gael branch in 1922 and was there until he died 56 years later.

Mr O’Driscoll showed the Taoiseach an original Land League membership card owned by his great grandfather.

Flanked by MEP Sean Kelly, local election candidates and the county’s two Fine Gael TDs – Pat Breen and Joe Carey – Mr Kenny was remaining coy on how he believes his 16 local election candidates will fare in Clare come May 23.

“Far be for it me to guess what the good people of Clare are going to do when they go to the polls but I will say this for our party we offer a very strong team of candidates.”

“Whoever the people elect for the county council elections they need to understand that these candidates and these councillors are being given responsibility that has never been handed out before to councillors. They are going to have to make decisions about the expenditure for property charges. The Fine Gael candidates will not be voting to increase them, they will be reducing them where possible. They will have to make decisions about rates and about property charges and development plans for their own areas,” he added.

“It is not about electing people to sound off at council meetings. It is a case of electing people to make decisions, the authority being displaced down to the councils.”

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Victim jumped from window to escape assault

A 22-YEAR-OLD man has received a suspended sentence for his role in a violent burglary at an apartment in Ennis last summer.

Darren Maughan (22) was one of two people who broke into 15 Sandfield Mews between 12.30 and 12.45am on July 23, 2013. He assaulted Declan O’Dea who was asleep in bed at the time.

Mr O’Dea, in a state of fear, jumped from a first floor window to escape Mr Maughan, breaking his ankle when he hit the ground, Ennis Circuit Criminal Court heard yesterday. In March, Mr Maughan, with an address at Stonecourt, Drumbiggle, Ennis, pleaded guilty to entering the apartment as a trespasser and committing an arrestable offence therein, assault causing harm to Declan O’Dea.

Yesterday the court heard Mr Maughan was on bail at the time for another assault he committed in Drumbiggle Drive, on January 20, 2013, to which he also pleaded guilty.

Judge Carroll Moran yesterday gave Mr Maughan an immediate two-year prison sentence for the assault at Drumbiggle and imposed a two year suspended sentence for the offence at Sandfield Mews.

Giving evidence in respect of the burglary at 15 Sandfield Mews, Detective Inspector John Galvin (Ennis Garda Station) told the court Mr Maughan and a companion broke into the apartment after failing to gain entry.

The court heard Mr Maughan went into Mr O’Dea’s room and started to beat him “viciously” around the head. Det Insp Galvin said the victim was so fearful he jumped from the first floor window. The court heard Mr O’Dea broke his ankle and lay in bushes for a period of between 90 minutes and two hours when gardaí were called to the scene.

The court heard both parties had consumed a number of bottles of vodka earlier in the day. Det Insp Galvin agreed with prosecuting counsel Stephen Coughlan’s view that Mr Maughan had consumed a “vast” amount of alcohol.

“Intoxicated beyond comprehension is the best way I could describe it,” added Det Insp Galvin.

The court heard that between 2009 and 2014 Mr Maughan received 53 convictions for offences including assault, public order and criminal damage.

Det Insp Galvin agreed with defence counsel Lorcan Connolly’s assessment that all of Mr Maughan’s past offences arose from problems with drink.

Counsel said, “He’s not a bad lad, save and except when he’s the drink on board.” Mr Connolly said his client wished to apologise for his offence. Counsel said his client had pleaded guilty at an early stage and is undergoing a number of educational programmes in prison.

In the witness box, Mr Maughan Judge Moran “I’m stopping drinking for life when I get out. I want to change my life around.”

Judge Moran said the accused has “clearly a propensity for violence when he is drunk” and has an “appalling record”.

He imposed the two year sentence for assault at Drumbiggle but agreed to suspend a consecutive two year sentence for the offence at Sandfield on condition Mr Maughan abstain from drink and be of good behaviour for five years.