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Missing Scariff male found safe after 3 hours

A LARGE search involving dozens of members of the Killaloe Unit of the Irish Coast Guard, the RNLI and members of the Gardaí too place in Scariff, last Friday evening.

The emergency services were tasked to locate a missing male in the Scariff area late on Friday evening. A combined land and water search was undertaken, with a large number of emergency responders focusing their efforts on the area around Scariff Bay.

The water searched was aided by the Irish Coast Guard Helicopter from Shannon, and the Killaloe Ballina Search and Recovery Dive Unit. The missing person turned up distraught but safe after the three hour search.

“On Friday night we responded to a report of a missing person in the Scariff area. It was an extensive search of a relatively small area as the search teams had to focus on both a land and sea search,” said Joe Doolin of the Killaloe Unit of the Irish Coast Guard.

“After a search of about two and a half hours the person was located safe and well. He did not require any major medical attention.”

The Killaloe Unit of the Irish Coast Guard has had one of its most busy years on record so far in 2013. With a month of this year still to go, the unit has already logged more than 229 operational hours so far in 2013 – an increase of 179 per cent on the number of hours of active service in 2012.

The number of incidents responded to has also increased to 39, this represents a 26 per cent year on year increase, while the unit has given aid to 59 individuals – a 52 per cent increase on 2012.

In June of this year the unit undertook one of its largest ever mass rescues when a regatta on Lough Derg descended into chaos following a suddenly deterioration in the weather.

The unit brought more than 40 people ashore in an hour with many of them being treated for hypothermia.

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Librarian books his place on the Labour ticket

LIBRARIAN Seamus Ryan (Lab) has been chosen to contest the Ennis Electoral Area for the Labour party at next year’s local election.

Ryan, who was also re-elected to the National Executive of the Labour party over the weekend saw off the challenge on well-known disability rights campaigner Dermot Hayes to secure the nomination. Ryan, who works at the De Valera Library in Ennis, has identified the conversion of unused local authority properties to community use and funding alcohol-free locations for youth in Ennis as two of his key campaign elements.

“I intend to start campaigning this week,” he said.

“I will be focusing on a number of issues that will impact on familes.

“A number of local authorities properties will soon become available and I would like to see these premises to be put to good use and made available to not-for-profit organisations such as community childcare providers. Seamus secured his second election success of the week on Saturday when he was re-elected to the National Executive of the Labour party during at the Labour National Conference.

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Bus left two-mile oil spill on road

A DIRECTOR of a Kerry-based bus company has been fined in relation to an oil spill that led to multiple accidents and major tailbacks on the Limerick to Galway motorway earlier this year.

At Ennis District Court on Thursday, Patrick Kennedy, a Director of Kennedy Coaches, Main Street, Annascaul, Kerry, recived a € 250 fine.

Mr Kennedy denied a charge of having his coach in such a condition that would have rendered the vehicle dangerous to the public.

The charge arose from an incident that occurred on the motorway on February 1, 2013.

The driver of a Mercedes Benz bus bringing students from Tralee to Galway pulled over near Hurler’s Cross after noticing the oil spill.

He immediately contacted the owner who contacted Shannon gardaí, the court heard. The two-mile long slick shut the motorway and forced Gardaí to close a 10km stretch of road resulting in massive tailbacks.

There were five accidents as a result with one person injured. The oil slick occurred on the day of the Waterford Crystal hurling match between Clare and Cork. Many of the Cork players were delayed getting to the game in Sixmilebridge. Throw in was delayed by an hour for the match that Clare won.

Judge Earley convicted Mr Kennedy after PSV Inspector Garda Brendan Condon said the coach was not in good overall condition prior to the incident because of a serious defect in relation to its fuel tank that would have rendered the vehicle dangerous to the public.

Garda Condon told the court a bracket used to hold up the one of the fuel tanks had been fractured.

Judge Earley said that he accepts that Mr Kennedy “is a conscientious businessman and did his best to mitigate the difficulties that the defect in his coach caused”.

The judge said that he accepted there were substantial mitigating factors. The court heard the bus passed a safety test nine weeks prior to the incident.

The defect in the fuel tank was also subject of a recall by Mercedes Benz. In evidence Mr Kennedy told the court that he never received the letter informing him of the recall in September 2010.

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Serial thief given one last chance

A 20-YEAER-OLD man involved in burglaries in which € 11,000 in cash and jewellery was stolen from homes in Shannon this year has escaped a prison sentence.

Jamie Considine was warned he could be still be sent to jail if he stepped out of line over the next few months. At Ennis District Court on Wednesday, Mr Considine pleaded guilty to his role in eight burglaries that occurred in the Tullyglass, Inis Sioda, Tullyvarraga and Dun Na Óir areas of Shannon between January 11 and March 22.

Mr Considine, with an address at The Magnet, O’Donoghue Avenue, Janesboro, Limerick, was one of a group of people who broke into the unoccupied family homes.

The court heard Mr Considine did not enter all of the houses but acted as a lookout on some occasions. He was paid in drugs for his role in the offences, the court heard.

The court heard the items taken from the houses included large sums of cash, valuable pieces of jewelry and commemorative medals.

Insp Michael Gallagher said the owners returned to find their homes ransacked. Judge Patrick Durcan said he reluctantly accepted jurisdiction.

Defence solicitor Daragh Hassett said his client had indicated he would be pleading guilty at an early stage. He said Mr Considine, who has now moved to Ballybunion, fully cooperated with gardaí and has no previous convictions.

The court heard that at the time the offences were committed, Mr Considine was abusing cannabis, cocaine, heroin and Xanax.

Mr Hassett said his client has abided by strict bail conditions and his efforts and commitment to give up drugs has impressed the Probation Services. Judge Durcan said a 12-month prison sentence would send out the message that burglaries would not be tolerated.

Asked for his views on the crimes, Insp Gallagher said eight families had suffered the ordeal of these burglaries. “I know if it happened to me, I’d hate to see them walk free,” he added. Judge Durcan adjourned sentencing for a brief period. When the case was re-called, Judge Durcan said he was going to remand Mr Considine on continuing bail, subject to conditions outlined by the Probation Services, to appear again in court on March 12, 2014.

The State were granted liberty to re-enter the cases at 24 hours notice.

“If you step out of line between now and March, everything comes back,” Judge Durcan warned. Mr Considine thanked Judge Durcan for giving him a chance.

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Photographs from drug house could help others

A DISTRICT court judge told a young defendant before him at Kilrush District Court that he could assist others and society if he was willing to publicise photos of life in a house drug addicts use to shoot up and smoke.

Mitchell Walsh, 20 St Patrick’s Terrace, Kilrush, pleaded guilty to 15 charges following a “crime spree” dating from March to mid October.

The court heard that the 19 year-old who did not have a criminal record prior to 2013, “had physical and mental inflictions” and began to self medicate by turning to drugs, eventually ending up on the streets before being rescued by his family.

The father of the defendant Martin Walsh said his son needed to be taken into hand. “He was going to die and that was the truth of it,” he said.

Mr Walsh Snr said the family were devastated by what had happened, and had attempted to pay for all the damage to the cars of the people of the town where they live.

“You just can’t leave someone like that behind especially when it is your own son. I think a lot of this was because Mitchell could not manage his surgery,” he said referring to a colostomy bag the young man had fitted following stomach surgery.

The concerned father said his son went to the street to get “medication”.

Mr Walsh (Snr) then presented two photos to Judge Patrick Durcan, depicting family life with Mitchell before addiction and life on the streets.

“There is a place not far from here where they go in and smoke heroin and shoot up and we went in there and took photos to show you,” he said. “There are a lot more in there than Mitchell.”

The father told the court that the situation was tough on all his family.

“There was times when I had to go and rub blood off this child because he self harmed,” he said.

Mr Walsh (Jnr) pleaded guilty to all charges including using threatening and abusive behaviour in Francis Street Kilrush on June 3, 2013, being in possession of a knife at Hector Street Kilrush on June 28 and being intoxicated in a public place on August 15, 2013.

Earlier that month on August 2, he was again arrested and charged for breaching the peace in Moyasta Kilrush, and on March 31 he was arrested for driving unaccompanied under a learners permit.

He also pleaded guilty to slashing the tires on five different vehicles parked on Toler Street, Kilrush, on the night of June 27 to June 28, 2013. One tyre in two vehicles were damaged and two tyres each on three vehicles.

At an unknown date from October 11, 2013, to October 12, 2013, Mr Walsh again slashed a tyre on five cars on Wood Road, Kilrush. He also pleaded guilty to slashing six tyres on three different cars on St Senan’s Terace on October 12, 2013. Continued on page 8

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T ree month prison term for teenager who obstructed gardaí

A DISTRICT Court Judge said he was sending a message to the people of Kilrush and County Clare when he sentenced a 19-year-old to three months in prison.

Alan Clohessy, 9A Willow Green, Kilrush pleaded guilty to impeding or obstructing a member of Garda Síochana when he ran into his home and locked the door on June 26 of this year, as Gardaí attempted to serve a search warrant.

Judge Patrick Durcan dismissed a charge of drug possession under Section 27 of the Misuse of Drugs Act against Mr Clohessy, despite the defendant pleading guilty to the charge.

At the district court hearing in Kilrush on Tuesday last Mr Clohessy told the court, “I don’t smoke cannabis, that is the truth of it, but I am taking the blame for it. I am pleading guilty for it.”

In his summation Judge Durcan said he could not convict a man who admitted unopposed that he did not smoke the drug, stating he found “this the most bizarre case both in terms of the prosecution and of its defence.”

The judge convicted the defendant on the second charge relating to what he described as “a very ugly scene” as gardaí kicked down the door of Mr Clohessy’s home after they were refused entrance.

“I have no hesitation in saying this man should be penalised and penalised severely,” he said.

“The message has to go out to the people of Kilrush and the people of County Clare that if gardaí are obstructed while they are carrying out an order they will be penalised se- verely.” In his evidence to the court Garda Paul Madden described that he observed the defendant on a pedal bike as he went to serve the search warrant.

Mr Clohessy then cycled to his house, abandoned the bicycle in the drive and ran inside closing the door, he said.

The gardaí were refused entry to the house, so opened the door by force, namely kicking it.

They went up stairs and discovered four cannabis joints in a bedroom.

A garda at the back of the house also observed “something” being thrown from the window, that was not found by gardaí afterwards.

“He along with other members of the family were very uncooperative and had to be retired,” said the garda of the defendant.

Solicitor for the defence Michael Ryan said he understood it was the butts of the cigarettes that were found in the room rather than joints.

He said his client had no previous convictions, was unemployed and regretted the matter.

Mr Clohessy was sentenced to three months in prison and given right to appeal.

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Judge not for turning on compo

A MAN who set fire to a garden shed owned by a man who harassed his mother has been told to pay 100% compensation for the damage or go to jail.

Aaron Moylan (21) pleaded guilty in May to damaging two sheds in the Hawthorns, Limerick Road, Ennis on June 27, 2012.

The court heard Mr Moylan committed the offence at the house of a man who had previously pleaded guilty to harassing his mother.

At the time, Judge Patrick Durcan said that while Mr Moylan’s motivation was out of “loyalty and love for his mother”, it was a “very serious and dangerous offence to commit.”

Judge Durcan had adjourned the case to allow the accused pay compensation for the damage caused.

At Ennis District Court on Wednesday, defence solicitor Tara Godfrey said her client had paid € 300 compensation so far. The court heard the total amount of compensation due is € 1300.

Ms Godfrey explained the court had mistakenly been informed previously that all compensation had been paid.

She said Mr Moylan, with an address at Abbey Court, Ennis lost his job earlier this year after his employer read about his act of arson in a local paper.

Ms Godfrey said her client required time to save money.

She explained Mr Moylan is currently studying sports science but the course won’t be finished until September 2014.

Judge Patrick Durcan said the case had been “dribbling on” and he was going to deal with it in September. “It’s 100% compo (compensation) or jail,” he told Mr Moylan.

Paraphrasing an expression made famous by former British Prime Minister, Margaret Thatcher, Judge Durcan said, “The Judge is not for turning.”

The case was adjourned to September 24, 2014 for payment of compensation.

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Willie to tweet for love birds

IRELAND’S last matchmaker, Willie Daly, is entering the modern age and will begin to use Twitter to bring lovers together from next week. The Lisdoonvarna love doctor, who will celebrate his 70th birthday next year, says he has completed a com- puter course and will start tweeting love tips to his followers as soon as he figures out how to work Twitter. A Twitter account at “TheLastMatchmaker” was created for Mr Daly last week and he says he will begin to Tweet messages to his followers as soon as possible. “I did a computer course before but my daughter was there helping me all along. I’m not very good with computers but I’m going to get some help with this [Twitter] and I should be up and running in about a week,” he said yesterday. “I’m sure I’ll have lots of things to say to people. I’ve think, over the last number of year, I have been missing out by not being involved [with the internet and social media]. Twitter seems to be the best way of talking to people – it seems to be better that Facebook from what I can see anyway. So I’m excited about doing it. Twitter seems to be the most modern one of them [social media sites]. So, if I’m going to get involved at this stage I might as well go for the most modern one. “Who knows the amount of unknown romances that I might be able to create for the people of the world on Twitter. I think I’ll also be able to get people into a more romantic mood and to help people in that way.” Willie Daly has been matchmaking at the Lisdoonvarna Matchmaking Festival for more then 50 years. Over the years he claims to have brought together thousands of couples and claims responsibility for hundreds of marriages.

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Drumcliffe case will proceed against two, charges struck out against one

THE cases of two people charged in connection with an alleged violent incident at a graveyard in Ennis are to proceed in the Circuit Court.

Brothers David and Brian Joyce, both with addresses at Dun Na hInse, Ennis, appeared before Ennis District Court on Wednesday.

Brian Joyce (19) is charged with assault causing harm to a man and unlawful possession of a wooden handle arising out of an alleged incident at Drumcliffe graveyard on August 27 (2013).

Inspector Tom Kennedy told the court the Director of Public Prosecutions (DPP) had directed the matter proceed to trial on indictment.

He said a book of evidence is being prepared in the case.

Mr Joyce was remanded on continuing bail to appear again at Ennis District Court on December 18 for service of the book of evidence.

Charges were struck out against David Joyce (24).

David Joyce had been charged with assault causing harm and unlawful possession of a three-foot iron bar arising out of the same alleged incident at Drumcliffe Graveyard on August 27.

Insp Kennedy said no evidence was being offered in respect of the charges.

Judge Patrick Durcan granted the application to strike out the charges.

Judge Durcan refused jurisdiction of the case of a 16-year-old boy charged in connection with the alleged incident at Druncliffe.

The teenager is charged with possession of a steak knife and production of a hockey stick contrary to the Firearms and Offensive Weapons Act.

Previous charges against the boy were struck out.

Insp Tom Kennedy outlined the alleged facts of the case to allow Judge Durcan consider jurisdiction.

The court heard that gardaí received an anonymous phone call to respond to an incident at Drumcliffe on August 27.

Insp Kennedy said it would be alleged that the teenager was found in possession of a hockey stick and steak knife in the graveyard.

“There was a fight. Blood was spilled”, added Insp Kennedy.

He told the court the Director of Public Prosecutions (DPP) had directed summary disposal of the case.

Judge Durcan refused jurisdiction, meaning the case will now proceed to the Circuit Court.

The boy was remanded on continuing bail to appear again at Ennis District Court on December 18 for service of the book of evidence.

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Solicitor requests defendant goes back to jail

A MAN with a crippling addiction to alcohol who was found in an Ennis pub “rummaging” for food has been sentenced to five months in prison.

Judge Patrick Durcan told Mark Whelan that while he had some sympathy and regard for him, he couldn’t continue to make a “nuisance” of himself in Ennis.

Sentence was passed after the accused’s solicitor requested the court send her client to prison for his own benefit.

At Ennis District Court on Wednesday, Mr Whelan (39), with addresses at Laurel Lodge, Ennis and Kinocra Apartments, Shannon, pleaded guilty to trespass at the Cloister Bar, Abbey Street, Ennis on October 18.

He also pleaded guilty to public intoxication at the Old Ground Hotel, Ennis on October 21 and Finian Park, Shannon on October 28.

Inspector Tom Kennedy said the accused was found by staff in the kitchen area of the Closter Bar and Restaurant “rummaging” for food.

The court heard Mr Whelan was found lying on the ground at the rear of the Old Ground Hotel in a very intoxicated and unresponsive state.

On October 28, Insp Kennedy said, gardaí in Shannon received a report that Mr Whelan was in a very drunk state in the Finian Park area of the town. Insp Kennedy told the court the accused has 87 previous convictions, that consist mainly of public order, theft and trespass offences.

Defence solicitor Tara Godfrey said the court was very familiar with Mr Whelan and his background. She said her client was released from prison on October 18 but had been unable to access addiction treatment services.

“Mr Whelan has got to a point where alcohol has completely clouded his judgment”, she added.

Ms Godfrey urged the court to impose a custodial sentence similar in length to a residential treatment course for addiction.

Ms Godfrey said her client has come to accept that he must spend a period of time in prison before he is in a fit condition to receive treatment for his alcoholism.

Judge Patrick Durcan said he had the greatest sympathy for Mr Whelan and the difficulties he has experienced in his life.

However he said he also had sympathy for the businesses affected by the accused’s behaviour. He sentenced Mr Whelan to five months in prison and imposed fines totaling € 300.

Judge Durcan said the court had shown Mr Whelan leniency in the past and had a certain regard for him. “But I’m not going to have making a nuisance of yourself around the town,” he added.

Judge Durcan also directed Mr Whelan receive appropriate medical treatment in prison.

Judge Durcan refused Ms Godfrey’s application to backdate the sentence to cover time spent on remand in custody.