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A GHANIAN national who collected social welfare payments totalling € 4,160 for a friend who had left the country has escaped a jail sentence. At Ennis District Court on Wednesday, Judge Patrick Durcan said he would impose a community service order on Prince Kuffor (31). Judge Durcan said the option of imposing a maximum sentence of two years in prison, less allowances, was open to him.

However the judge said he did not see why the Irish people and State “should be further indebted to tune of € 1,500 or € 1,600 a week to keep Prince Kuffor in the comfort of one of our prisons”.

Mr Kuffor, with an address at Abbey Court, Ennis, was charged with 26 counts of dishonestly by deception inducing Tony Reddan to pay out 26 separate payments of € 160 by using a social welfare card in the name of Alan Blaise Rukundo.

The offences occurred at Sixmilebridge Post Off ce between Decem ber, 2013, and May 2014.

Inspector Tom Kennedy told Judge Patrick Durcan the charges were replicas of each other and could be treated as one offence. He told the court the accused went to the Post Off ce in Sixmilebridge over the course of 26 weeks to claim social welfare payments for a man named Alan Blaise Rukundo. Insp Kennedy said Mr Kuffor, a father of two, was also claiming his own social welfare payment in Ennis. “Mr Rukundo had left the jurisdiction for some time but had stayed on the books here,” he added. Insp Kennedy said, “Mr Kuffor was benef ting to the tune of € 50 a week for acting as agent for Mr Rukundo.” The court heard the Department of Social Protection is now taking a € 100 a week from Mr Kuffor’s social welfare payment. A total of € 500 has so far been paid back.

Defence solicitor Stiofán Fitzpatrick told the court, Mr Kuffor was approached by Mr Rukundo who said his wife was sick and he had to go with her to Italy for treatment.

Mr Rukondo asked Mr Kuffor to collect his social welfare.

Mr Fitzpatrick said his client believed he was not doing any wrong, particularly as Mr Rukundo came back at regular intervals to sign on.

He said the € 50 payment was to cover Mr Kuffor’s travelling expenses from Ennis to Sixmilebridge.

He said Mr Kuffor, who has resi- dency in Ireland, realised something was seriously wrong when he was approached by gardaí in June.

Judge Durcan said this was “highly organised criminal activity, Inspector, very well organised”. He said Ireland had always been a welcoming country but Mr Kuffor “has completely and f agrantly abused that welcome”.

Having regard to Mr Kuffor’s previous good record, Judge Durcan said he would impose a community sentence order if the accused is suitable for such work. The case was adjourned to December 17 for a pre sentence probation report.

A MAN has been ordered to pay a contribution to charity after pleading guilty to assault at Ennis Courthouse last month.

Ennis District Court was forced to rise shortly after 1.30pm on October 1 when two men became involved in a row at the entrance to the courtroom. John Doherty (51) was arrested and later brought before Ennis District Court where he was charged with assault and engaging in behaviour with intent to provoke a breach of the peace.

Mr Doherty, who previously lived in Ennis but now has an address at Belcamp Lane, Coolock, Dublin, appeared before Ennis District Court again on Wednesday where he pleaded guilty to assault. The breach of the peace charge against Mr Doherty was struck out following an application from the State.

Inspector Tom Kennedy told the court Mr Doherty encountered Michael McDonagh at the entrance to the courtroom and words were exchanged between them.

He said an altercation developed outside the courtroom. He said Mr Doherty threw a number of punches at Mr McDonagh, leaving him with a bruised and swollen face,

Judge Patrick Durcan remarked, “So Inspector, there was a little Punch and Judy show outside?”

Defence solicitor John Casey said his client would say he was provoked on the day. He said a “deep insult” was directed at Mr Doherty as he left the courtroom. Mr Casey said there was a dispute between the families but Mr Doherty had kept out of it.

Mr Casey said his client suffered “horrif c injuries” when he was as saulted in Ennis a few years ago. In 2012, Mr Doherty suffered multiple slash wounds when he was the victim of a vicious knife attack at the Maid of Eireann roundabout.

Mr Casey said his client has suffered from post traumatic stress disorder since the attack and had been forced to leave Ennis because of diff culties that emerged at his housing site. Mr Casey told the court Mr Doherty suffered the loss of his teenage son after he was stabbed in Ennis in 2007. A 19-year-old Ennis man was subsequently convicted of the manslaughter of Michael Doherty (14). The court heard Mr Doherty has two previous convictions for public order offences. In the witness box, John Doherty apologised for his behaviour on the day. “I want to apologise to the court. It shouldn’t have happened.”

Judge Durcan said he accepted the apology. He said Mr Doherty “overacted” but he did not want to give the person who insulted Mr Doherty “an additional scalp” by imposing a criminal conviction.

But Judge Durcan added that the dignity of the court had to be maintained and law and order has to be maintained. Noting the accused’s age, previous good record, the diff culties Mr Doherty has overcome and his commitment to his family, Judge Durcan ordered him to pay € 250 to the court poor box.

A STUDENT with a “dreadful” criminal record has avoided jail for driving offences committed in Ennis last year. Chris Kelly appeared in Ennis District Court on Wednesday for sentencing for motoring offences committed at Cahercallamore, Ennis on April 23, 2014.

In December 2013, Mr Kelly, with an address at Newtown, Castletroy, Limerick was convicted after a contested hearing at Ennis District Court of having no insurance, no driver’s license and no NCT certif cate.

The court heard he was disqualif ed from driving for 15 years at the time of the commission of the offence. Mr Kelly, a father of one, has eight previous convictions for no insurance and two for dangerous driving. He also has previous convictions for theft offences, the court heard.

Mr Kelly appeared back in court in September when Garda Inspector Tom Kennedy told the court the accused had a “dreadful record”.

Judge Patrick Durcan further adjourned sentencing to November 5 after requesting a detailed report on Mr Kelly’s academic progress at the University of Limerick. He also sought clarif cation on the accused’s previous convictions.

On Wednesday, defence solicitor Tara Godfrey said she had a letter from the welfare off cer at UL, say ing “very good things” about her client. Ms Godfrey told the court her client maintains his innocence with respect to the Ennis convictions.

She said Mr Kelly has not resiled from his original position that he was not the person in the car when it was stopped by the gardaí.

She said Mr Kelly would have appealed the conviction in the circuit court but the matter had not yet been f nalised in the district court. “He would be of the opinion he’s an innocent man and was going to pursue that to the Nth degree”, Ms Godfrey added. In relation to Mr Kelly’s previous convictions, Ms Godfrey said her client is a young man of tremendous promise who squandered most of his youth. Judge Patrick Durcan imposed a f ne of € 350 on Mr Kelly for having no driver’s license. He imposed a further f ne of € 1000 in respect of the conviction for no insurance. Mr Kelly was also disqualif ed from holding a driver’s license for 10 years. Judge Durcan said he was not imposing a custodial sentence in light of Mr Kelly’s academic progress. Recognisance’s were f xed in the event of an appeal at Mr Kelly’s own bond of € 500 and an independent surety to be approved by the court of € 1000.

A FORMER pupil of disgraced retired principal Pat Barry has urged victims to have the courage to come forward and help expose abusers.

The woman called on victims of abuse to speak out. “Lets not keep their dirty secrets in the dark any longer”, she said.

Her statement was one of eight powerful victim impact reports heard in Ennis Circuit Criminal Court on Friday.

At the sentencing hearing, the women recalled how their lives were ruined by Barry, who was convicted on indecent assault in July.

One woman recalled the “fear” “terror” and “humiliation” she felt in her childhood.

Another woman said Barry’s abuse made her feel “dirty”. “I was extremely embarrassed by it all”. “He terrorised and molested me for years”, she added.

The woman described the former principal of Moyasta National School as the “vicious wolf who would lie in wait for me every day”.

A woman, who read her statement in court, became emotional as she detailed the dreadful impact the abuse had on her life. “I’m glad Mr Barry has been exposed for the sexual predator he is”.

Another woman said she will never forgive Barry but is glad she can close this “horrible chapter” in her life. A victim told the court her childhood was shaped by “shame”, “guilt” and “powerlessness” because of the abuse.

“I am proud of myself and the oth- er women for having the strength to face the court and tell our story”, she added.

One woman said, “Forty years have gone by and I’m still hurting”. She said the fear of being roughed up or “touched” in Barry’s class was terrifying.

The women also thanked Kilrush based Detective, Oliver Downes, who took up the investigation into Barry.

In July, following a three-week trial at Ennis Circuit Criminal Court, Pat Barry (80) was convicted by a jury of 59 counts of indecent assault.

Barry, with an address at Well Road, Kilkee, denied 67 counts of indecently assaulting 11 girls at Moyasta National School between 1964 and 1985.

Trial Judge Gerald Keys had directed the jury of seven women and f ve men to f nd Mr Barry not guilty on eight of the 67 counts. At the conclusion of his 11-day trial, the jury returned guilty verdicts on the remaining 59 counts. Det Gda Downes conf rmed to Roderick O’Hanlon (SC), for Barry, that no further charges are pending against Mr Barry. In his plea of mitigation Mr O’Hanlon said that for a period of 35 years since his retirement in 1989, “the defendant has lead a life from which no charges have arisen, none are pending before the court”. The court heard Mr Barry suffers from tinnitus and high blood pressure and stress related nose bleeds. The court heard the accused has no previous convictions and taught at a primary school in Wicklow from 1952 to1954 before joining Kilkee boys national school in January 1957. He took up the role of principal in Moyasta NS in July 1969.

He served on the board of the O’Curry’s Summer School for Irish in Carrigaholt and was actively involved in the local history projects.

A number of testimonials on Mr Barry’s behalf, including one from local Church of Ireland Rector, Canon Bob Hanna, were handed to Judge Gerald Keys.

Judge Keys said he required time consider the new documents submitted to the court so he could come to a “fair and just judgement”.

The case was adjourned to tomorrow (November 12), for mention when a date for sentence is due to be f xed. Mr Barry was remanded on bail.

TWO men have pleaded guilty to assault charges arising from a violent feud related incident in Ennis when a father of 10 lost part of his f nger. Bernie McDonagh Snr (47) suffered multiple injuries including the loss of half of his right ring f nger when he was viciously assaulted by three men at Market place, Ennis on May 18, 2010.

The incident developed after Mr McDonagh drove to Ennis National School to collect his children at 3pm.

He was followed to the school by three men in a black Toyota Avensis. The three men launched an attack on Mr McDonagh’s vehicle.

McDonagh drove furiously away from the front of the school and ended up driving the wrong way into the market area of the town, coming to halt in heavy traff c and very narrow ly avoiding a collision.

Mr McDonagh’s 14-year-old son, f ve-year-old daughter and baby granddaughter were in the car throughout the course of the incident.

The group traveling in the Avensis caught up with Mr McDonagh in the Market where they launched another attack on the car.

Mr McDonagh was driven to Ennis hospital by his 14-year-old son.

One of the perpetrators received a three-year prison sentence at Ennis Circuit Criminal Court in May 2011 after pleading guilty to assault causing serious harm.

The two other men involved in the attack appeared before Ennis Circuit Criminal Court on Tuesday.

Their respective barristers told the court a jury would not be required and their clients could be put forward for arraignment. Michael McDonagh (34), with an address at Kilcruttin Halting Site, Kilcruttin, Tullamore, Co Offaly, pleaded guilty to intentionally or recklessly causing serious harm to Bernie McDonagh at market place Ennis on May 18, 2010.

Anthony McDonagh (28), with an address at Ardreigh Walk, Dun Brinn, Athy, Kildare, pleaded guilty to assault causing harm to Bernie McDonagh on the same date and location. Counsel for the State, Stephen Coughlan said those pleas were acceptable to the Director of Public Prosecutions (DPP) and the case now becomes a matter for sentence.

Counsel for Michael McDonagh, Mark Nicholas said his client is a 34-year-old man with no previous convictions who “stupidly got involved” in this incident.

He said a report from the Probation Services would be help Judge Gerald Keys get a proper prof le of Mr Mc Donagh prior to sentencing.

Counsel for Anthony McDonagh, Pat Whyms, also requested a probation report for his client.

Judge Keys ordered probation reports for both accused and remanded them on bail to appear in court on January 12, 2015 when a date for sentencing will be f xed.

A FORMER student convicted of threatening to kill an Ennis-based dentist last week sought to take up an offer to reduce his three-year prison sentence.

But at Ennis Circuit Criminal Court on Tuesday, Judge Gerald Keys told solicitor for Eoin Hannan (41) that his hands were tied with respect to the application.

Judge Keys said he did not have jurisdiction to deal with Mr Hannan’s application after being told Mr Hannan has lodged an appeal with the Court of Criminal Appeal.

In March a jury unanimously found Eoin Hannan guilty of threatening to kill a dentist at his practice in Merchant Square, Ennis, on May 11, 2012. Mr Hannan, with former ad- dresses at Kilrush Road, Ennis, and Shear Street, Kilmallock, Ennis, was also found guilty of two counts of engaging in behaviour with intent to provoke a breach of the peace.

The jury at Ennis Circuit Criminal Court acquitted the accused of making a threat to burn down the practice. Mr Hannan had denied all charges, which arose from visits he made to the surgery on May 10 and May 11, 2012.

At his sentencing hearing in March, Mr Hannan received a three-year prison term but Judge Keys said he would suspend 15 months of the sentence if Mr Hannan agreed to enter a bond to be of good behaviour, abide by the directions of the Probation Services, abstain from alcohol and take his medication.

Mr Hannan asked to leave the court to consider the offer and when the case resumed, barrister Michael Collins, who acted for Mr Hannan at his trial, told the court Mr Hannan continued to protest his innocence and did not want to enter into a bond.

At Ennis Circuit Criminal Court on Wednesday, Mr Hannan sought to enter the bond to have the sentence reduced.

Mr Hannan was represented in court by solicitor Daragh Hassett.

Judge Keys told Mr Hassett he did not have jurisdiction to deal with the application as Mr Hannan had already lodged an appeal to the Court of Criminal Appeal.

“As far as I am concerned, my hands are tied,” The judge said.

Counsel for the Director of Public Prosecutions (DPP), Stephen Coughlan, told Judge Keys that in relation to this matter the only order he could make was no order.

THE Mental Health Commission pointed to a number of concerns it had relating to the 39-bed Acute Psychiatric Unit (APU) located in Ennis Hospital.

Following an unannounced inspection in July, inspectors for the commission were concerned about the individual plans for the 38 patients resident in the unit on the days of the inspection.

Admitting there was evidence of improvement in the individual care plans since the inspection of 2013, the inspectors said many of the Individual Care Plans did not specify the interventions to be carried out, and did not specify which member of the multidisciplinary team was tasked with this aspect of the care plan.

The inspectors also found that the unit was not suitable for children, although it has taken in minors on the permission of parents.

The inspection report also raised concerns that not all staff had been trained in the use of physical restraint.

The structure of the ground level unit was also cause for concern.

“The interior decoration of the unit was in need of attention, with evidence of peeling paint, missing f oor

PATIENTS referred to speech and language therapy or physiotherapy services through the public health system by their GPs are not receiving the required treatment because they are residents at an Ennis Mental Health unit.

This inequality in services provided to residents at Cappahard Lodge emerged during an unannounced inspection of the 32-bed unit by the Mental Health Commission on July 10.

“It is unacceptable that a public service will not accept a referral for a speech and language therapy assessment or a physiotherapy assessment simply because the persons referred are patients of a mental health service,” the inspectors said in their report.

Eight residents, who had been referred by their GP to avail of speech and language therapy services, and one resident, who had been referred by their GP to avail of physiotherapy services, had to pay for them privately.

“In this regard, there appeared to be an inequity of service provision afforded to mental health patients, in that residents of the approved centre did not have access through the public health system to speech and language therapy and to physiotherapy, despite being referred to these services by their GP,” the inspectors found.

Inspectors Sean Logue, Assistant Inspector of Mental Health Services, and Dr Fionnuala O’Loughlin, Assistant Inspector of Mental Health Services, recommended that resident of Cappahard be provided with the services through the public health system, as required.

The inspectors also found that the unit was in breach of the condition of its registration, which required that it be fully compliant with Article 15 of the Regulations Individual Care Plans. They found that a signif cant number of residents had not had a six-monthly physical examination carried out and in some instances; this had been due for over three months.

According to the inspectors’ report deaths had not been notif ed to the Mental Health Commission within a 48-hour period as required.

The report also stated, “The premises were clean, warm, adequately lit and well ventilated, and had been recently painted and decorated.”

SECURITY guards at Clare’s only acute psychiatric unit have physically restrained patients without any medical support or direction.

Mental health inspectors were “alarmed” to learn that security personnel at the Acute Psychiatric Unit in Ennis Hospital “had been the only people involved in restraint of residents” on four occasions.

Dr Fionnuala O’Loughlin, Assistant Inspector of Mental Health Services, and Sean Logue, Assistant Inspector of Mental Health Services, made the discovery during an unannounced inspection of the 39-bed Acute Psychiatric Unit (APU), on July 8 and 9 last.

According to the report by the Mental Health Commission on Friday the inspectors were concerned at the use of security personnel in the practice of physical restraint in this centre.

Two security guards have been employed at the acute unit for the last three years, specif cally to assist in the management of one patient.

This is estimated to cost € 400,000 per annum. Member of the HSE West Forum and former psychiatric nurse Cllr Tom McNamara said that this situation is not benef ting anyone. “He should be in a psychiatric intensive care unit where his needs could be met,” he said adding that the Government’s Mental Health Paper ‘Vision for Change’ had proposed four of these units for the country.

“What they are spending on security would go a long way to staff ng a proper unit where this patient’s needs would be met and people would be trained to take care of him,” he said.

According to the inspectors’ report published at the end of last week, this patient was no longer a detained patient at the time of inspection.

“There was now an anomalous situation whereby security personnel were employed in respect of a voluntary resident,” the inspectors reported. “In addition, it was clear that the security personnel, on duty at all times in the approved centre, engaged in the physical restraint of other residents and ordered and initiated the practice in some instances.”

The inspectors reported that they found it “alarming” that in some instances the security personnel had been the only people involved in restraint of residents, “as documented in the Physical Restraint register”. “This signif ed a serious lack of knowledge by the service in respect of the Code of Practice on the Use of Physical Restraint.”

The report recommended that if the hospital was to continue to use security personnel there must be a policy, which clearly outlines their role and scope of activity.

“Physical restraint must only be initiated and ordered by registered medical practitioners, registered nurses and other members of the multidisciplinary care team,” it stated.

A 25 YEAR-old Clare man who sexually assaulted a 12 year-old girl in as she slept in bed has been told he is “extremely fortunate” not to be going to prison.

The man received a two year suspended sentence at Ennis Circuit Criminal Court on Friday after previously pleading guilty to sexually assaulting the girl at the home of his former partner’s house in west Clare in February 2012.

Details of the assault were heard at Ennis Circuit Criminal Court in June. The 12-year-old victim stayed in the house on the night in question to baby-sit the woman’s young child. The man and the woman were in the house drinking.

Garda Suzanne McHale told the court the accused and the woman were staying in one bedroom and the victim and the child were asleep in another bedroom.

The court heard the accused got up that night to go the toilet. Garda McHale said that when he came back he entered the complainant’s room and got into bed beside her. Garda McHale said the victim said the man asked if he could “shift her”.

She said the girl said the man started kissing her and put his hands on her body.

Garda McHale said the man left the room after the girl persistently asked him to leave. The court heard the man had consumed a lot of alcohol on the night.

He later told gardaí that he thought he was going back to the room he had been sleeping in. He said he realised he was in the wrong bed when he started kissing the girl.

Defence Counsel Isobel Kennedy (SC) said the two adults in the house had consumed a large amount of alcohol on the night.

She said the room in which the victim had been sleeping in on the night was the one her client and his then partner ordinarily slept in.

Sentencing was adjourned to last week when a victim impact report was handed into the court.

The victim, who was not in court, stated she had “self-harmed” since the incident and attempted suicide. The court heard she felt “vulnerable” around men and was unable to attend school for a period.

Passing sentence, Judge Keys said, “Sexual assault is a very serious offence and can leave a person seriously scarred”.

Judge Keys said the mitigating factors in the case were the accused’s early plea, which was a relief to the victim, and his lack of previous convictions. He also noted there is no risk, or any evidence, to suggest the man will re-offend. Judge Keys said that had the matter gone to trial a jury could have found the man made a genuine mistake.

Imposing a two year suspended sentence, Judge Keys said the circumstances in this case were particularly “unusual”.

“I accept you are deeply ashamed of what happened”, he added. Addressing the accused, the Judge said, “You can regard yourself as an extremely fortunate person to be not going to jail”.