Category: News

A PROSECUTION taken against a young Ennis man accused of unlawful possession of a knife has ended after a district court judge made no order in the case.

At Ennis District Court on Wednesday, Judge Patrick Durcan said the only option open to him in the case of Sylvanus Akpaku was one of “no order”.

Judge Durcan made the decision after differences emerged between the judge and the Director of Public Prosecutions (DPP) on how the case should proceed. The DPP directed summary disposal of the case in the district court but after hearing a summary of the alleged facts, Judge Durcan refused jurisdiction.

The case was referred back to the DPP and came back before Judge Durcan in September.

After again outlining a summary of the alleged facts, Insp Kennedy told the court the DPP had determined the matter was not suitable for trial on indictment in the circuit court and should instead be tried in the district court.

Judge Durcan said he had a particular view on the jurisdiction of the case, which he said he could not fully elaborate on. However he mentioned that his views might have something to do with sentencing, should it arise in the case.

“Am I bound by what the DPP says?”, the judge asked Insp Kennedy.

Insp Kennedy said he would have to refer back to the DPP for further directions. “I have never seen this before,” he added.

Judge Durcan said he had a responsibility to the district court area he presides over to ensure that law and order is maintained.

He adjourned the case to October 7 to allow gardaí further consult with the DPP.

The case came back before Judge Durcan on Wednesday where Insp Kennedy said the DPP maintained her original view on the case.

“The DPP is withholding consent. She is saying the (alleged) offence is within the sentencing parameters of the district court,” Insp Kennedy.

Judge Durcan said the only order he could make was no order.

Mr Akpaku (20), with an address at Dun Na hInse, Lahinch Road, Ennis, was charged with having a knife which had a blade or which was sharply pointed at Mill Road, Ennis, on May 3, 2014.

The alleged offence was contrary to the f rearms and offensive weap ons act.

In the case it was alleged the knife was discovered in the accused’s sock during a garda search of the car he was traveling in.

It was alleged he told gardaí he had the knife for his own safety. The prosecution case against Mr Akpaku has now ceased.

COUNCILLORS in Ennis have been urged to make a permanent decision on the pedestrianisation of the town.

The call came from Director of Service with Clare County Council, Gerard Dollard.

Mr Dollard said the “stop/start” nature of previous pedestrianisation policies hasn’t helped the process.

At the October meeting of the Ennis Municipal District Committee, councilors gave their backing to the pedestrianisation of O’Connell Street in the week leading up to Christmas Day. The council will now seek submissions and suggestions as to how best operate the system.

The issue was also raised in a motion submitted by councillor Tom McNamara.

Cllr McNamara said, “We need to make a decision on how we are going to approach pedestrianisation of the town. It’s something that should benef t the overall atmosphere in the town. I think it’s important we take it on and look at it in a broader sense that the Christmas sense.”

Mr Dollard told the meeting it was time for the council to make a “black or white” decision on the future of pedestrainisation in Ennis.

“For the last number of years we’ve conf ned pedestrianisation to O’Connell Street. We have done it on a number of days in December, depending how the days fall…Normally we’d run pedestrianisation between 12 and 6pm. There are seven days outlined there

Mr Dollard continued, “The issue of pedestrianisation is a huge issue. We’ve had some discussions on it as part of the local area plan for Ennis. I think the members collectively need to continue that discussion and come to a permanent decision on pedestrianisation in Ennis. One of the faults with what we’ve been doing now is the stop/start nature of it. I think it does need a black or white decision on it.”

Senior executive engineer Eamon O’Dea said on conjunction with pedestrianisation, the council also worked alongside other public bodies, such as the Courts Services, to increase the level of parking on offer in Ennis during December.

“Equally the Buttermarket car park is made available… Those incentives are there and we would assist in every way we can.”

Cllr Pat Daly said he supported a system of pedestrianisation in Ennis. Cllr Daly said the system should be implemented on a longer basis during the year.

Cllr James Breen said pedestrianisation should be expanded to include Abbey Street.

“I can’t see any reason why Abbey Street cannot be pedestrianised. There’s nothing happening there only cars f ying through.” Mayor of Ennis, Cllr Johnny Flynn (FG) told the meeting a previous six-week trial of pedestrianisation of Ennis was halted after businesses reported a decline in takings during the period.

Cllr Mary Howard told the meeting any policy of pedestrianisation would have to take on board the views of local businesses.

THE State has been granted a fur ther two weeks to obtain directions from the Director of Public Prosecutions ( DPP) in the case of a young woman accused of committing a late night robber y in Ennis. A woman in her twenties allegedly had her handbag stolen after she was approached from behind, allegedly punched in the face and knocked to the ground last month.

The alleged robber y is alleged to have occurred outside the Old Ground Hotel on O’Connell Street at around 11.50pm on Tuesday, September 2. A 20-year-old student, Roxanne Considine, with a former address at lower Clarehill, Clarecastle is charged in connection with the robber y.

THE East Clare Municipal District has been granted enough money to buy each person in the area a can of coke and a chocolate bar in discretionary local area funding for 2015.

Councillors at last Thursday’s area meeting voted to accept a discretionary budget of € 37,700 for the year ahead – of € 1.60 per person in the region. The areas had originally been granted just € 23,000 for the year head, or roughly € 1 per person, but this was increase last week following.

Councillors expressed their disappointment about the size of the budget, with members saying that is was not enough for a single project, never mind enough to cover an areas the size of the municipal district.

The low allocation is a direct consequence of the decision made two weeks ago to cut the overall household charge in Clare by 15 per cent. That proposal was supported by a coalition of Fianna Fáil, Sinn Fein and Independent councillors, while Fine Gael and independent Cllr Ian Lynch argued that more money should be allocated to councillors to spend on local projects.

“We’d all like to have more money. But unfortunately the decisions that was made on the property tax and that has resulted in this f gure. We tried our best to increase it and get as much as we could, but this is what we have,” said Cllr Joe Cooney (FG). This is the f rst local budget since the electoral areas were redrawn in June, with the East Clare area now growing to include some of the debunked North Clare Area.

“Basing this allocation on population is not ideal for the Killaloe area. This is a huge area. It is easy to blame the property tax for this [low amount of funding] but there were national issues at play in the amount of funding we have following that. If we had a million euro to spend that would be something,” said Cllr Pat Hayes (FF).

It was also pointed out that the € 37,700 allocation is not all the Clare County Council money that will be spent in East Clare in the coming year.

There will also be a programme of works, including roadworks, which will be allocated by the full council during its county wide budget later this year.

A 20-YEAR-OLD West Clare man who pleaded guilty to dangerous driving on the road between Lissycasey and Ennis has been told he is lucky not to have received a prison sentence.

At Ennis District Court, Judge Patrick Durcan said David O’Gorman, in a “repeated and dangerous manner”, breached the road traff c laws on a busy stretch of road.

Mr O’Gorman, with an address at Knocknagoran, Kilkee, pleaded guilty to dangerous driving at Caherea, Lissycasey on November 12, 2013.

He further pleaded guilty to charges of possession of cocaine and cannabis at Clondroadmore, Ennis, on the sale date.

Inspector Tom Kennedy outlined details of Mr O’Gorman’s driving.

He told the court Mr O’Gorman’s car overtook a car on a bend and continuous white line near Lissycasey.

The car, which was being driven by an off-duty garda, was forced to pull into the grass verge to ensure the accused’s car did not collide with an oncoming vehicle.

Insp Kennedy said the garda followed Mr O’Gorman and observed other instances of him “dangerously overtaking”, without indicating, on continuous white lines.

The incident occurred in the evening time when traff c was heavy in both directions, the court heard.

Insp Kennedy said the garda contacted his colleagues in Ennis.

The court heard Mr O’Gorman was stopped as he entered Ennis. Insp Kennedy said during a search, gardaí discovered Mr O’Gorman was in possession of small quantities of cocaine and cannabis.

Mr O’Gorman has no previous convictions. Defence solicitor Fiona Hehir told the court her client was rushing from Kilkee to pick up his girlfriend in Ennis and bring her to Shannon.

“He was very worried his girlfriend would be mad at him”, Ms Hehir added.

Judge Patrick Durcan asked if the relationship is still ongoing. “The relationship f nished shortly after this”, Ms Hehir said.

The court heard Mr O’Gorman has moved to England where he works for a shuttering business.

Ms Hehir told the court her client’s parents were very mad at him. “This has been a wake up call for him”, she added.

Judge Durcan said Mr O’Gorman’s driving on the day was “appalling”.

He said anyone who knows the main road between Ennis and Kil- rush knows you have to drive with the “utmost care and caution”. He imposed a f ne of € 750 and dis qualif ed Mr O’Gorman from hold ing a driver’s license for two years. He said details of the conviction are to be endorsed on Mr O’Gorman’s license.

Judge Durcan said, “I get the impression he is an intelligent young man but he is now facing a reality”.

He ordered a report from the Probation Services with respect to the drugs offences. Ms Hehir pointed out her client is now living in England

Judge Durcan said it is up to Mr O’Gorman to make himself available for meetings with the Probation Services.

“Mr O’Gorman is very lucky he is not leaving this courthouse with a prison sentence”, the Judge added.

The case was adjourned to January 14, 2015 for a probation report.

A FARM labourer who left the scene of a ‘hit and run’ accident in west Clare earlier this year has been told he may lose his driver’s license.

Drew Clancy (19) crashed his car into the side of a van as Mr Clancy exited a car park and drove onto the main road at Dough, Spanish Point on February 13.

Mr Clancy was driving without insurance and left the scene, Ennis District Court heard on Wednesday.

Mr Clancy, with an address at Fintra More, Miltown Malbay, pleaded guilty to driving without due care or attention.

He also admitted charges of driving without insurance and failing to report the occurrence.

Garda Margaret Leahy of Ennistymon Garda Station told the court she responded to a report of a hit and run accident at Spanish Point on the date in question. Garda Leahy said a van driver told her the car that struck his vehicle drove away from the scene.

Garda Leahy said she determined the identity of the driver after the van driver gave her partial details of the car’s registration number.

No injuries were suffered as a result of the accident, the court heard.

Garda Leahy said Mr Clancy later made a cautioned statement to gardaí in which he admitted hitting the car.

The court € 1500 worth of damage was caused to the van.

Judge Patrick Durcan asked Garda Leahy why the accused left the scene. “He panicked. He had no insurance and he was aware he had no insurance”, Garda Leahy said.

Mr Clancy has no previous convictions. The case was previously adjourned after Judge Durcan ordered a probation report. Defence solicitor Tara Godfrey said her client is going to agricultural college and is saving to pay compensation to the injured party.

“He’s a young man with a promising future who made a dreadful mistake”, Ms Godfrey said.

Judge Durcan said, “I won’t deal with this until compensation is paid”.

Judge Durcan said there is a possibility of a disqualif cation and deten tion in the case unless compensation is paid.

He remanded Mr Clancy on continuing bail to appear again at Ennis District Court on November 26.

THE residents of Woodstock View in Ennis have failed in their bid to prevent Woodstock Golf and Country Club from changing nine holiday homes at Garville Court into houses.

A local residents group, in the name of William O’Doherty, appealed the case to an Bórd Pleanála earlier this year, after Clare County Council granted permission for the company to transform the holiday homes into full-time dwelling.

Their appeal claims that the development would have a serious negative effect on the local tourism trade, greatly increase population density in the area and also cause a potentially dangerous traff c hazard. “The recent closure of Woodstock Hotel represents a signif cant loss of positive tourism infrastructure and employment in the local area. The proposal to convert nine of the existing holiday homes, adjacent to the Woodstock Hotel, would represent a further serious erosion of our local tourism infrastructure and undermine one of the key objectives of the current County Development Plan,” said the residents in their initial submission to Clare County Council. “Any conversion of the develop- ment from established clustered holidays homes to residential units would represent a dangerous precedent for the proper planning and development for the county as a whole and would undermine many of the objectives of the Development Plan and the Joint Housing Strategy for Clare Local Authorities.”

The Bord decided to uphold the decision, and Woodstock Golf and Country Club will now be able to develop the properties as full time residences rather holiday homes.

“It is considered that the proposed development would not adversely impact on the amenities of the area, would not seriously injure the amenities or depreciate the value of property in the vicinity of the site and would, therefore, be in accordance with the proper planning and sustainable development of the area,” said the an Bórd Pleanála inspector.

THE Chief Fire Off cer for Clare has been requested to investigate f re safety standards at St Joseph’s Hospital in Ennis.

The call was issued last week by local councilor James Breen (Ind) in response to a report by health watchdog HIQA on safety standards at the hospital.

In an email to Clare County Council, Adrian Kelly, Chief Fire Off cer states that since 2008 there has been an extensive f re safety upgrade at St Joseph’s Hospital.

The email states the upgrade included a full f re risk assessment and the granting of four f re safety certif icates to the hospital. Upgrades were carried out to f re escape routes; f re detection and alarm systems; f re doors; compart mentation; pre f re planning; f re safety management and fore brigade access. “A full f re exercise was carried out between f re f ghters in Ennis f re brigade and staff at the hospital in 2011.

“The premises is due to be re-inspected shortly but it accepted there has been extensive work carried out in order to upgrade f re safety stand ards at St Joseph’s Hospital”, the email states.

The email was disclosed to councillors at the October meeting of the Ennis Municipal District Committee. The report by HIQA carried out following an unannounced inspection in August was critical of the geriatric hospital for not acting on recommendations following a serious f re relat ed incident in March during which a patient was injured.

In her report last week HIQA’s inspector Mary Moore reported that staff at the hospital said they did not have time to supervise residents while they smoked. The report was also critical of f re safety procedures including the lack of availability of proper f re blankets in certain parts of the hospital.

Since the report was published the HSE has issued a statement saying that it will co-operate with the coroner in relation to the patients death.

Meanwhile Bernard Gloster, Area Manager, HSE Mid –West said there are no plans to build a new hospital.

“We want to assure the public that the inspection carried out was routine as part of the regulatory process and inspections happen in both public and private facilities all over the country,” he said.

“A substantial part of the concern in the report is to do with the f re safety precautions. These have been addressed and the inspector conf rmed satisfaction with the actions put forward.”

The work undertaken includes the replacement of f re hose reels with f re extinguishers; having corridors renamed and permanent signage erected.

In its statement the HSE also said, “The Report makes reference to the recommendations of an internal investigation following an incident in March 2014.

“The HSE is limited in its capacity to comment at the present time on these matters, we can, however, conf rm that a resident sustained in juries in an apparent smoking related incident.

“The recommendations from the investigation into that matter were being implemented at the time of the inspection but were not completed, hence, the comment in the Inspection Report.”

PEOPLE using the M18 can expect extended delays this week as a section of the motorway between Crusheen and Gor t are closed to accommodate road improvement works.

Thousands of Clare commuters are becoming reacquainted with the town of Gor t, with large delays in the village as all nor th

John Doherty, who previously lived in Ennis but now has an address at Belcamp Lawn, Coolock, Dublin, is charged with two offences. Mr Doherty is accused of engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace may be occasioned. He is further charged with assault. It is alleged Mr Doherty committed the offences at Ennis Courthouse on October 1. Court business had f nished for the day by the time Mr Doherty was brought before the court but Judge Durcan resumed court for the brief hearing. Garda Paul Heaslip of Ennis Gar da Station gave evidence of arrest, charge and caution.

He said Mr Doherty made no reply to either of the charges after caution.

Legal aid was approved for defence solicitor John Casey.

Mr Casey said he had no questions regarding the arrest, charge and cau tion of his client. However he was said he was applying for bail for Mr Doherty. Inspector Tom Kennedy said the State consented to bail subject to the accused abiding by certain con ditions. Mr Doherty is required to reside at Belcamp Lane, Dublin and stay out of Clare except for court business. He was also told to stay away from Michael McDonagh. Bail was granted subject to the ac cused’s own bond of 500 euros. Mr Doherty was remanded on bail to ap pear again at Ennis District Court on November 12. Two years ago Mr Doherty suffered multiple slash wounds when he was the victim of a vicious knife attack at the Maid of Eireann roundabout in Ennis.