Author: admin

EVERY day Tony must park his car in his neighbours drive and jump over the sand bags to enter his own home.

The pensioner, who does not wish for his full name to be used, fears that if he lifts the sand bags his house will once again be invaded by water from the Atlantic.

Like his neighbours the Clancys and the Cusacks, Tony’s home is not on the sea front, but across the road from those homes that look on to the sea.

On June 7, he was not therefore expecting the storm to bring the high waves crashing through his neighbours’ homes, across the street and into his house and garage.

Thousands of euros of damage was done to the home he shares with his wife, as washing machines, dishwashers, vacuum cleaners and other household electrical goods fell victim to the water.

Two foot of seawater surrounded his home on that fateful morning, a sight he had not ever expected to see.

In the chaos that ensued as emergency services and local authority workers tried to assist, it became clear no one had expected the amount of water that invaded the homes.

“I had difficulty getting sand bags. In the end I had to fill my own using the coal bags we had,” he said.

A DUBLIN man who allegedly struck another person with a glass on the night Clare welcomed home the county’s All-Ireland champion hurlers will have his case heard in the Circuit Court.

Judge Patrick Durcan refused jurisdiction of the case after hearing details of the alleged assault at Ennis District Court on Wednesday.

Darren Brady (39), with an address at Abbeyville Green, Swords Manor, Swords, Dublin, is charged with as- sault causing harm to a man at Dan O’Connell’s Bar, Ennis on September 29, 2013.

Garda Cormac Kelly of Ennis Garda Station gave evidence of arrest, charge and caution.

He said Mr Brady made no reply to charge after caution.

Inspector Tom Kennedy said the Director of Public Prosecutions (DPP) had directed summary disposal of case.

Garda Kelly outlined a summary of the alleged facts to allow Judge Patrick Durcan consider jurisdiction.

A medical report outlining the alleged injuries suffered by the man was given to Judge Durcan.

Garda Kelly told the court the alleged injured party was in the bar with his girlfriend.

He said it would be alleged Mr Brady started to behave inappropriately towards the woman.

Garda Kelly said, “He (alleged victim) asked him (Mr Brady) to leave her alone at which point he head butted the alleged injured party and struck him in the head with either a glass or a pint bottle”.

Judge Durcan refused jurisdiction. He said he was doing so based on the alleged evidence and the injuries allegedly suffered by the alleged victim.

Insp Kennedy said the case would now be referred back to the DPP. He told the court that a book of evidence would also be prepared.

Mr Brady is also charged with two public order offences arising out of the alleged incident at the pub.

He was remanded on bail to appear again at Ennis District Court on March 12.

NORTH Clare is in danger of becoming an unemployment blackspot if action is not taken to reverse worrying jobs trends in the region.

Almost 74 per cent of all new people signing on the live register in the last quarter of 2013 signed on in the Ennistymon office.

Fears have also been expressed locally about the growth in the number of long-term unemployed in the area, with the overall number of people signing on in North Clare growing by almost 300 per cent over the last eight years.

These figures do not take into account the number of people emigrating from the North Clare area, meaning the over number of actual jobs lost in the area could be far greater than the official figures suggest.

The overall number of people signing on in Clare rose by 302 people between September and December of last year. Over the same time period, the number of people in the Ennistymon area office grew by 223 people, meaning that 73.84 per cent of all live register increases in the county came in the Ennistymon area.

While much of this can be explained as a result of seasonal factors, with a number of large tourism sector em- ployers located in North Clare, the continued stagnation of the county’s building industry is also a major problem in the North Clare area.

“The Government needs to be cognizant of the fact that it needs to create job, not just on the city areas but in the regions as well. Opportunities are going to have to be developed for smaller, local employers who can offer four or five sustainable jobs. There is no point getting a factory into Ennistymon, Miltown Malbay or Lisdoonvarna that could be gone in five years,” said Ennistymon businessman and Senator, Martin Conway (FG).

“The recession has hit hard in North Clare. A lot of the people who are long-term unemployed in North Clare are that because of the collapse in the construction industry. It is really difficult to get employment in the area at the moment – particularly for young men.”

The number of people singing on the live register in North Clare doubled between 2005 [637] and 2008 and 1,214. The numbers signing on have fluctuated seasonally between 1,500 and 1,700 over the last fours years. It has been suggested that the repair work in North Clare following the storm might help a number of the long-term unemployed in Clare back into employment.

THE people of Cloughnainchy were well aware of coastal erosion and the problems it would eventually cause them.

They had warned the council and their TDs many times during the last decade, but no one was prepared for the destruction the high tide and ferocious winds of January 6 would bring.

The sea invaded 14 homes and it swept away an acre of land out to the sea.

“We couldn’t see the ocean, we can see people walking on the beach now,” said Danny McCarthy, speaking from the back upstairs room of his house that looks in the Atlantic Ocean.

“The ministers and the TDs haven’t a clue as to what is going on or how we are suffering here, and it has been highlighted since 2011 that this was happening then,” he said.

“Erosion is on going, and that is why there was an appeal in 2011, because the area was vulnerable.”

Gerry McCarthy who lived across the road 25 years ago but moved a short distance away said, “We thought it was rectified when they put the culverts in, but this is more serious, this is the Atlantic Ocean.

Martin Clancy is one of the senior members of this small community and he has lived in the area for more than 80 years. He said that he re- members lobbying the council in the early 1990s for coastal protection work, following a similar flooding. “There was [coastal] land to build on at that time. We looked for something to be done and it wasn’t done. All they gave us was one culvert, and we were fighting for it hard. And we fought then for the second one because it wasn’t able to take all the water. We are waiting a long time for that,” he said. “Then we looked for something to be done along the beach, outside the boundary wall of the land. There was a whole lot of land at that stage that they could have built on but they didn’t and now it’s gone – the boundary wall, the land and some of the [private] land inside the wall is gone itself,” he added. Clare County Council has applied for € 2,581,250 to undertake the long overdue work. In its application to central government it proposes the construction of coastal protection over approximately 800 metres centred around rock armour construction. “This section of coastline is in close proximity to 15 to 20 vulnerable private residential properties and it also is required to provide protection of the integrity of the local public road network,” the council said. Two weeks on from the storm and no decision has been made by the Government on the application for funding.

GARDAÍ in Clare have recovered more than three quarters of a million euro worth of cannabis plants at three different grow houses on the West Clare peninsula.

Three people were arrested yester- day (Monday) during the raid of two different houses in the Kilkee area, as part of ongoing investigations into the cultivation of drugs in west Clare. On Wednesday half a million euro worth of cannabis plants were discovered in Carrigaholt by local Gardaí working as part of a national operation – “Nitrogen”.

Yesterday afternoon Gardaí in Kilrush arrested a man believed to be a Vietnamese national following the planned raid of the rented house in Kilkee. The number of cannabis plants secured in the raid will not be known until later today (Tuesday) but it has been described by Gardaí as “sizeable”.

The man in his early 50s was arrested and detained in Ennis Garda Station last night under Section 2 of the Drugs Trafficking Act.

Earlier that morning Gardaí from Kilrush discovered 200 cannabis plants, worth an estimated € 160,00, in another rented house in the Kilkee area.

THERE is a ‘huge problem’ with theft in Clare, a Judge has warned.

Judge Patrick Durcan made his comments at Ennis District Court on Wednesday as he imposed a 12month prison sentence on a Romanian man convicted for his role in a number of theft offences.

Emil Brasoveanu (27), with an address at Dun Leinn, Monivea, Galway, was part of a three strong gang who targeted small businesses in West and North Clare in a crime spree on December 17 (2013).

In December, a husband and wife Anton Makula (26) and Anca Grancea (23) of Cluain Rocaird, Headford Road, Galway city, received prison sentences for their role in the offences.

All three had pleaded guilty to various theft charges on three businesses in West Clare.

In December, defence solicitor Fiona Hehir said the couple had “stupidly got involved in the operation” because they needed money for their children’s Christmas presents.

The court heard Mr Brasoveanu wore a ladies swimsuit during the commission of the thefts.

Last month, Sgt Ronan O’Hara of Kilrush Garda Station, told the court the accused wore the swimsuit back to front.

“By wearing it back to front, you can conceal more down the back of it”, explained Sgt O’Hara.

“It’s a new one on me”, said Sgt O’Hara when asked if he had come across this type of theft before.

The businesses targeted were McGrotty’s Medical Hall, Ennistymon, William’s Pharmacy, Kilkee and Miltown Malbay Post Office. All property was recovered, the court heard.

“These people (businesses) were very specifically targeted by these people in a deliberate and organised fashion”, said Judge Durcan at the time.

Praising the actions of local gardaí and the bravery of a post office worker who helped foil the theft of a charity box, Judge Durcan said of the accused;

“Their actions are putting jobs on the line, businesses in jeopardy and leads to a situation where a commu nity could’ve been deprived of essential services.”

On Wednesday, defence solicitor Fiona Hehir said Mr Brasoveanu was an unemployed father of two who committed the offences to get money for Christmas. Judge Durcan said, “I do not believe a single word of what your client has instructed you”.

He said Mr Brasoveanu was part of a gang that had engaged in the “commercial tyranny” of small businesses in West Clare.

“The court has to look on these type of offences with the greatest severity and it does”, he added.

The court heard the accused is currently serving a prison sentence, activated by a Cork court last month.

Judge Durcan imposed a 12-month prison sentence, noting that there is “huge problem with theft in Clare.”

“You can’t have people perpetrating this type of crime against the retail sector which is on it’s knees”, he added.

A TEENAGER who claimed she fell into debt to moneylenders has received a 15 month suspended sentence.

The 19 year-old had pleaded guilty to a string of shoplifting offences. She admitted stealing almost € 1300 worth of goods from businesses in Ennis and Clarecastle over an 11 month period.

The case came before Ennis District Court on Wednesday after sentencing was adjourned from December.

Last month, the woman told the court she owed € 1000 to a money- lender in Ennis. Asked by Judge Durcan how she would re-pay the money, the woman said, “I’ll have to give them money out of my dole.”

Her solicitor Tara Godfrey said, “I’ve done what I can to get her to make a statement but she won’t”.

Ms Godfrey said the woman fell into debt because of her cannabis addiction.

“This is not like AIB or the Bank of Ireland, the terms are quite severe. My client was afraid to be at liberty”, she added. The court heard the woman’s father and mother are both dead and her younger brother died when he was just three years old.

The woman was described in court as a “vulnerable person at the end of her tether”. The court heard she was a victim of neglect as a child.

After reading a Probation Report on the woman’s family history and apparent troubles with moneylenders, Judge Durcan said, “In my time as a Judge this is one of the saddest reports I have read.”

He remanded the woman in custody to appear again in court on January 8. On Wednesday, Judge Patrick Durcan said this was a “difficult case”.

Addressing the woman, Judge Durcan said, “I don’t want to imprison you for 18 months but the indications are that if you are at liberty you will continue to re-offend.” Defence solicitor Tara Godfrey said her client would agree to stay out of Ennis.

Inspector Tom Kennedy said it would be helpful for all parties if the case was finalised. Imposing a 15-month suspended sentence, Judge Durcan said the woman was a “persistent shoplifter” who had grown up in “particularly difficult personal circumstances.”

Ms Godfrey told the court her client wanted to thank Judge Durcan, the court services, Probation services and gardaí for their patience in dealing with the case. A T IPPER A RY man accused of illegally cultivating cannabis plants has been sent forward for trial to the Circuit Criminal Court. ColmCafferkey (32), with an address at Demense, Roscrea, is facing three charges under the Misuse of Drugs Act It is alleged Mr Cafferkey did without license, cultivate plants of the genus cannabis, at Ballymulcashel, Sixmilebridge on August 14, 2012. The accused is also charged with having cannabis for sale or supply and unlawful possession of cannabis arising out of the same date and location. Mr Cafferkey first appeared before Ennis District Court in December where a garda Inspector said the matter would be proceeding to trial on indictment. The book of evidence was served on the accused in court onWednesday. Garda Sheila McGrath gave evidence of serving the book of evidence on solicitor Stiofán Fitzpatrick for his client. Inspector TomKennedy told the court the Director of Public Prosecutions (DPP) had consented for the accused to be returned for trial to the next sessions of Ennis Circuit Criminal Court on February 18, 2014. Judge Patrick Durcan delivered the alibi warning and made the order returning the accused for trial. Legal aid was granted for Mr Fitzpatrick and one junior counsel. A N EN N IS man has denied an allegation that he harmed a dog by throwing it against a wall a number of times. Cathal McNamara (22), with an address at Old Military Barracks, Ennis, appeared at Ennis District Court onWednesday. He is charged in connection with an alleged incident that occurred at a named address in Ennis on December 15, 2013. It is alleged Mr McNamara contravened a safety order made at Ennis District Court in June by putting the applicant in fear by allegedly using threatening and abusive behaviour. It is alleged this behaviour included the accused harming a dog by throwing it at a wall a number of times and locking himself into a roomwith a child.The alleged of fence is contrary to the DomesticViolence Act. Defence solicitor Tara Godfrey said she was seeking a date for hearing. She said her client denied what is alleged against himin the charge sheet. Judge Patrick Durcan said the alleged facts, as outlined in the charge sheet, indicated this was a very serious case.The case was adjourned to April 27 for hearing. T W O W ES T Clare man charged in connection with an alleged cannabis find last year have had the charges against themstruck out. Neil Casey (35) and Mark Lyons (25) appeared before Ennis District Court onWednesday. Mr Casey, with an address at Rinemacderrig, Carrigaholt, was alleged to have cultivated cannabis plants without license at Curragh, Feakle on June 18. Mr Casey also faced further charges of unlawful possession of cannabis and having the drug for sale or supply also at Curragh, Feakle on June 18. At a court sitting in December, Inspector Michael Gallagher said the Director of Public Prosecutions (DPP) had directed trial on indictment. Mark Lyons (25), with an address at Fleetrock, Carrigaholt, was charged with having cannabis for sale or supply and unlawful possession of cannabis. In December Insp Gallagher said the DPP had directed summary disposal of Mr Lyons’ case, meaning it was to proceed in the District Court. But onWednesday, Inspector TomKennedy told the court the State were seeking to withdrawthe charges as presented against both accused. He said an issue had developed on the State’s side. Judge Patrick Durcan approved the application and struck out the charges against both accused. A MA N charged with in connection with a serious assault in Ennis last summer will learn next month howthe case is likely to proceed. Michael Doherty (22), with an address at Bay 2, St Michael’s Park, Ballymaley, Ennis, appeared before Ennis District Court onWednesday. He is charged with assault causing harmto a teenager at Bank Place, Ennis on August 13, 2013. Inspector TomKennedy told the court he was not in a position to give directions fromthe Director of Public Prosecutions (DPP). Insp Kennedy said he expected to knowthe views of the DPP by next month. Judge Patrick Durcan adjourned the case to February 2. Defence solicitor Daragh Hassett consented to the matter being put back. T H E B OOK of evidence has been served on a Shannon man charged in connection with a serious assault in a pub.AdamDoody (19), with an address at Cluain Alainn, Shannon appeared at Ennis District Court onWednesday. He is charged with committing assault causing harmat Darcy’s Pub,Tullyvarraga, Shannon on February 9, 2013. Garda Sheila McGrath of Ennis Garda Station gave evidence of service of the book of evidence. Inspector TomKennedy said the DPP had consented to the accused being returned for trial to the next sessions of Ennis Circuit Criminal Court. Judge Patrick made the order and delivered the alibi warning.

IT WILL cost almost € 24 million to repair storm damage to 60 kilometres of coastline and 35 specific areas of Clare County Council managed infrastructures, with bills for the Office of Public Works, to private individuals and community groups expected to run into millions of euros more.

According to the Preliminary Storm Damage Report submitted to the Government by the local authority on Friday, it was the “worst experienced in living memory”.

More information relating to infrastructure the council maintains is the responsibility of the OPW will be forwarded to the Department of the Environment, Community and Local Government in the coming days.

These areas in question include Kildysart, Ballynacally, the Shannon embankments at Shannon Airport and Doonbeg at the site of the golf course.

“Clare County Council accepts there has been further significant damage to infrastructure not under the control of the council, in particular to estuary embankments along the Shannon Estuary and strategic tourism enterprises. An assessment of this damage will now be completed for the Government’s consideration,” said the county manager Tom Coughlan following a special meeting of the council.

The largest cost to the council will be repairing the promenade and dealing with the compromised rock armour at the seaside resort of Lahinch at € 5.84 million.

The county’s most westerly village of Kilbaha was also extensively damaged with repair work estimated at € 3.42 million, and a further € 622,000 estimated for Kilcredaun where six families were isolated from the main land for days.

Cloughaninchy, Quilty, which was the sight of devastating damage to homes is estimated to cost € 2.58 million.

Damage at New Quay is also over a million euros estimated at € 1.84 million with € 1.12 million of damage estimated to the N67 road at Moneypoint, Kilrush.

Senior engineer Tom Tiernan, who compiled the report, warned that the figures are as realistic as they can be at this early stage and are subject to change. He explained the vast bulk of the report relates to the destruction caused by the high winds and surging tides throughout the length of the Clare coastline through the first week of 2014.

“The vast bulk of damage caused by the first of the aforementioned three storms was most severely impacting inland – within 10 miles of the north and west coasts of the county. The vast bulk of the impact of the latter two events manifested itself at several locations along the county’s entire coastline and their respective severities are explained by the coincidence of very high tides, extremely low pressure centres moving in a south-west to north-east direction off the west coast of Ireland and severe south-west to west winds gusting at speeds of up to 150 km/hr onto the coastline,” he said.

ENNIS Town Council is facing legal bills of over € 500,000 arising from two separate High Court cases.

The local authority says it is “seriously concerned” regarding the number of High Court cases, which are falling to the council.

Following a number of High Court hearings, the council last year secured a settlement in relation to a case taken on the Ennis Casual Trading Byelaws 2011, which represented a challenge to the Casual Trading Act 1995. The case concerned the status of casual trading vis-a-vis market rights. According to the council’s 2014 budget report, the overall cost in this case amounted to € 147,000.

The council is also currently involved in a High Court case regarding the de-regulation of the taxi industry.

In his report, town manager Gerard Dollard states, “The case has been in process for a number of years and commenced in November 2013. The case has been taken against the State (Minister and Attorney General). A number of sample cases are being heard including three involving Dublin City Council and one involving Ennis Town Council.

Mr Dollard said the council has made efforts to run the case on a cost effective basis. However the case is still at hearing and Mr Dollard told the council’s annual budget meeting that the costs at this point are in excess of € 400,000. The council recently received an interim bill from Counsel for € 191,000.

Mr Dollard states, “The council has firmly put the view to both the Department of the Environment, Community and Local Government and Department of Transport, Tourism and Sport that the costs of cases involving challenges to national legislation and regulation should not fall on the local authority.”

Mr Dollard told Tuesday’s meeting the council will receive € 250,000 from the Department of the Environment towards the cost of the court cases.

Cllr Peter Considine (FF) described the bills as “crippling” and asked if the council can challenge the Department’s decision not to cover the cost of the entire legal process.

Cllr Tommy Brennan (Ind) said the decision by the Minister for the Environment to part fund the legal bills represented an admission on his part that his office was responsible for the total cost. “I would go back to the Minister and say pay for all of it,” he said.

A CLARE man who owes almost € 1.8 million is the largest debtor to come before the Personal Insolvency Court so far, the Insolvency Service of Ireland (ISI) has confirmed.

The first sitting at Ennis District Court of the Personal Insolvency Court for the South Western Circuit took place on Thursday.

The case before Judge Patrick Meaghan concerned a Clare man with total qualifying liabilities of € 1.77 million. The man was seeking a protection certificate from the court to allow time to enter into negotiations with his creditors.

Figures shown to the court revealed the man had total assets of € 394,900, a monthly income of € 5,687 and monthly expenses of € 5,994.

The man is a married father of one. The court heard he is an engineer currently working in Finland. His debts concern money owed to financial institutions for commercial premises in Limerick and Dublin along with two buy-to-let properties. In total, the man has 14 creditors.

The man was not present in court but was represented by Personal Insolvency Practitioner (PIP) John Hogan. The ISI were also represented in court.

Judge Patrick Meaghan said the debtor was obviously insolvent. He said he was satisfied to grant the protection certificate. He wished the man all the best. The man now has 70 days to strike a deal with creditors. Judge Patrick Meaghan said he was pleased to see members of the press attending the court sitting. He said the Personal Insolvency Court is a new jurisdiction in which there is a lot of public interest. He said that press coverage had so far been “very fair and balanced”.

He said behind every case are people with difficulties. He asked the media to refrain from identifying the debtor and his creditors. Judge Meaghan added, “It is a matter that is very topical, but hopefully with sensitivity things can be progressed.”

According to it’s website, “The mission of the ISI is to help restore people who are insolvent to solvency in a fair, transparent and equitable way.”

The ISI is an independent statutory body. It was established by the Minister for Justice and Equality, Alan Shatter, TD on March 1, 2013.

Speaking after the hearing, PIP John Hogan said he thought the ISI was “doing a fantastic job”.

“The only problem with the legislation is that it should have happened four years ago. It might have saved a few marriages,” he added.

Mr Hogan said half of the people who have engaged his services as a PIP (8 or 9) come from Clare.

Mr Hogan, an Ennis-based accountant, is one of two PIPs registered in Clare. The other is another Ennis based accountant, John Carmody.