Category: News

A HOMELESSNESS campaigner convicted of stealing almost € 27,000 from a pensioner in Ennis will represent herself at a sentencing hearing next month, a court has heard.

Ennis woman Josephine O’Brien (59) told Ennis Circuit Criminal court last week that she had “dismissed” her legal team.

In April, Ms O’Brien, with an address at 15 Bridgeview, Roslevan, was convicted by a jury of nine of 10 counts of theft from the bank account of Stephen O’Halloran (87), a resident of St Joseph’s nursing home.

Ms O’Brien, a founder of the Homeless Education Learning Programme (HELP), was found guilty of stealing € 26, 503 on dates between July 2006 and October 2010.

The court heard she used some of the money to open a homeless shelter in Chapel Lane.

The case was listed for sentence at Ennis Circuit Criminal Court last week. On Tuesday, Defence Solicitor Daragh Hassett applied to come off record in the case.

He said Defence Counsel, Lorcan Connolly BL, was also coming off record.

Mr Hassett told the court he had “strongly advised “Ms O’Brien that she should have legal representation for sentencing.

Ms O’Brien confirmed in court to Judge Keyes that she wished to represent herself.

She added, “I’m an intelligent woman and I’m quite capable of representing myself.”

Judge Gerard Keyes said, “That is your choice and we will respect it.”

Ms O’Brien told the court she sent an affidavit to the Attorney General.

Judge Keyes told Ms O’Brien that she had been found guilty on a number of counts after a trial.

In reply, Ms O’Brien said, “I have been found guilty on facts but there was no crime.”

Judge Keyes advised Ms O’Brien that she must go through the process of sentencing.

He told Ms O’Brien that the option to appeal was open to her after sentencing is complete, if she wished to pursue it.

Ms O’Brien also indicated to the court that she wished to get the tapes of her garda interviews.

Judge Keyes said Ms O’Brien must first make an application to the court. He added that the tapes would be released “subject to strict conditions.”

Sentencing was adjourned to July 11. Ms O’Brien is on continuing bail.

PROGRESS has been made in attempts to secure accommodation for a wheelchair bound man who set fire to a nursing home in Killaloe, a court has heard.

In February, James Sherlock Jnr, formerly of 16 Childers Road, Cloughleigh, Ennis pleaded guilty at Ennis Circuit Criminal Court to causing arson at the Lakes Nursing Home in Killaloe on August 20 (2010).

The 24 year old is confined to a wheelchair after loosing both of his legs to amputation.

Heroin addiction lead to the amputation of Mr Sherlock’s right leg. He recently underwent surgery to amputate his left leg.

Finalisation of the case had been adjourned pending suitable accommodation being found for Mr Sherlock.

Circuit Court Judge, Gerard Keyes has said the State must find suit- able facilities for Mr Sherlock. Judge Keyes has previously indicated that he will not impose a custodial sentence. The Court was previously told that due to Mr Sherlock’s past behavioral difficulties and his pleading guilty to arson, many nursing homes and hostels would not accept him due to insurance issues.

The court has heard that discussions have taken place between local authorities, The Probation Services and the Health Services Executive (HSE) with the aim of finding accommodation for Mr Sherlock.

The case came back before the court on Tuesday. Counsel for Mr Sherlock, Pat Whyms BL told the court that the local authority has made progress in attempts to find accommodation for his client.

He said the Probation Service were seeking a further adjournment of the case.

Judge Keyes said he was not going to “interfere” with the progress being made.

Mr Sherlock has spent a period of time staying at the vacant Fairways apartment block in Ennis.

A NEW Clare group, founded earlier this year to campaign for the right of disabled people, will not be running a candidate in next year’s local elections. The Clare Center for Independent Living (CIL) say that their primary goal is to “protect and reclaim” the identity of disabled people in Clare and to speak out when other disabled organisation – which are funded by the government and Health Service Executive (HSE) are unable to represent the needs of the people.

The group came together in May of this year when the Department of Health announced plans to scrap a number of disabled transport scheme. After winning this battle follow- ing a government u-turn last week, the group have decided to formally come together as the CIL – to provide disabled people with an ongoing voice in the county. “We recognise that disabled people need the support each other to ensure that all the years of campaigning, developing and understanding of independent living and trying to have a rightful place in society is not lost as a result of the recession and other practices,” said Anne Marie Flanagan of Clare CIL.

“In Clare disabled people do not have a formal voice locally in how the HSE and the Local Authority spends the funding directly relating to their services, separate to the organisations who are in receipt of the funding. We need to be able to ask the strapped for cash HSE how the budget is being spend and say how we feel it can be improved. We are the service users, who will do everything to maximise the funding, to have the best outcomes for our lives. We can’t do that currently.”

The primary objectives of Clare CIL are to promote independent living and to promote the freedom of choice and self-determination of people with disabilities.

Ms Flanagan confirmed that there will not be a CIL candidate in next years local election – she did say that, should the organisation ever decide to put forward a candidate for election, it would most likely be to the Dail and not to Clare County Council. There are an estimated 9,000 disabled people living in Clare – the quote for being election in Clare in the 2011 general election was 11,500.

ONE OF the most advanced operating theatres in Western Europe is now open in the Mid West Region.

The state of the art high tech minimally invasive colorectal theatre at the Mid Western Regional Hospital in Limerick was provided by the Mid-Western Hospitals Development Trust at a cost of over half a million euro.

This fully Integrated Stryker i Suite Theatre is the first voice activated integrated operating theatre of its type in Ireland using Stryker’s dedicated technology and expertise.

Ann Doherty, chief executive of the Mid Western Regional Hospitals Group, said, “This is an exciting time for acute hospital services in the region. Without the work of the Development

“Trust acute hospital services would be lagging far behind international standards but now we are moving into a new era where our hospitals will stand comparison with the best.”

The new Stryker i Suite Theatre will be operated by Eoghan Condon, Professor Calvin Coffey, David Waldron, and Subhasis Giri and their surgical teams.

Mr. Condon and Prof. Coffey recently joined Mr Waldron from Cleveland Clinic Ohio USA, where they trained in laparoscopic colorectal surgery.

Laparoscopic colorectal surgery allows colon cancer to be removed using very small “keyhole” type incisions.

It results in significantly less trauma for the patients and consequently patients with other major conditions who in the past may have been turned down for surgery can now receive curative treatment.

This technique also has the advantage of allowing patients to recover more quickly allowing them to commence their adjuvant treatment earlier and avoid entering the Intensive Care after their operation.

THE COURTHOUSE in Kilrush was packed to capacity on Thursday to watch history in progress as the last ever mayor was elected to the office. Following a nomination by out going mayor Cllr Mairead O’Brien and seconded by his former school teacher Cllr Tom Predeville (FF) Cllr Paul Moroney (Ind) took the chair in the building where the first ever Kilursh Town Council convened in 1885.

The son of Mary and Tommy Moroney from Moore Street, was visibly proud as he took the seat, said he was humbled o be elected and saddened that “this could be the last time” a Kilrush Town Council AGM would be held.

“I feel huge pressure to lead this council into what could be its final year,” he told the crowd.

“I am an honest man,” he said after which there was a sight jeer and laugh from the crowd. “I am hard working, who always gives 100 per cent. I am grounded with family values at heart.”

Mayor Moroney outlined five main aims for the final year of the council. He said he would work to build employment for young people, revitalise business in the town centre and address the issue of vacant and derelict buildings in the town centre.

He said it was also important that the rates system be addresses by the minister. The reserve fireman also spoke of the need for improvement to the local road structure, and the importance of progressing the Sports Project on the Cooraclare Road.

The new mayor added that he also looks forward to welcoming people home for the Gathering this summer.

“I will do my best for Kilrush in he coming year and am sure my colleagues will back me,” he said.

He also thanked people for their support and paid tribute to the late Cllr Stephen O’Gorman (FF) who passed away in December.

Fine Gael Cllr Marian McMahon Jones was elected the last ever deputy mayor of Kilrush having been nominated by Cllr Liam Williams (FG) and seconded by Cllr Ian Lynch (FG). Neither election was contested.

At 32 years of age he has the responsibility of chairing the last ever Kilrush Town Council public meetings and paving the way for a new era in public representation, but age is a mere number to Paul Moroney.

When he was just 21 years of age he became a father for the first time, at 22 he had a mortgage and at 23 he was married to his childhood sweetheart Alison.

Just weeks after he turned 20 years old he became one of the country’s youngest firemen.

“It has taught me everything and for that I will be forever grateful,” he told The Clare People .

It is not surprising then that in the last four years since he was elected to the town council he has argued for better road safety procedures and clearer road markings as well as highlighting the needs of young families. Paul is the father or three – a ten-year-old daughter Lilly Ann and four-year-old twins, Ellie Mai and Archie. He said he has always been interested in politics.

He considered running for the local election in 2005, but felt he was too young and not well known.

“I decided not to lose out again in 2009,” he said. He went on to top the poll.

He said it was also important that Kilrush Town Council leave behind a legacy it could be proud of so he envisages a busy year ahead.

He has not ruled out running for the local elections in 2014, which would see him contest one of the geographically largest constituencies in the country.

“I would love to contest the next general election but my kids are so small. Can I commit that much time? When I saw the new boundary, I knew it was going to be a full time job. Can I give it that much time? I don’t know,” he said.

In the meantime he must keep down the day job in Patrick Bourke’s Mens Wear, fulfill his mayor duties, remain on call as a member of the local fire service and parent three young children.

THE driver of a train that collided with a parked tractor on the western rail corridor close to Cratloe in 2012, was unaware that a collision took place and continued on to the next scheduled stop at Sixmilebridge.

That is according to an investigation into the incident released by the Rail Accident Investigation Unit (RAIU) last week.

The report recommended that Iarnród Éireann should either close or move a nearby level crossing where at least two incidents have taken place in recent years.

On June 20, 2012, a passenger train travelling from Limerick to Galway collided with a tractor at the level crossing close to Cratloe.

The driver of the tractor was shocked but unhurt in the incident but his tractor sustained serious frontal damage.

The investigation found that the immediate cause of the accident was that the tractor entered the swept path of the train as the train was travelling through the level crossing.

The tractor driver had been relying on the railway signals to estimate train approaching times.

“Although the tractor driver was not adhering to the LC guidance booklet which states users should not rely on any railway signals, he had assumed it was safe to cross the level crossing; and despite being delayed by the vehicle blocking his exit, the tractor driver then edged forward to look again for oncoming trains.

“The tractor driver did not hear the train horn before edging forward,” the report says.

“Having been unable to close the level crossing due to a lack of agree- ment between the relevant land owners, Iarnród Éireann did not introduce adequate safety measures as a result of the inadequate viewing distances at the level crossing.”

While the collision was reported to an Iarnród Éireann signalman, it took 27 minutes to confirm the incident and alert the emergency services.

The RAIU established from telephone logs that the signalman had been taking a large number of calls and attempting to get Iarnród Éireann staff to the accident rather than contacting the Emergency Services immediately.

THE RACE is on to find the county’s least energy efficient home as part of an EU pilot study, and the winner will get financial assistance to upgrade the energy efficiency of their house. The study is focusing on the impacts of successive energy efficiency upgrade programmes on the County’s housing stock.

The Limerick Clare Energy Agency (LCEA), supported by Clare County Council, is conducting the Energy Performance Of Clare Homes (EPOCH) project.

The LCEA will provide financial assistance towards energy efficiency works and professional energy guidance to the owners of homes deemed to be least energy efficient.

The project, which has been launched to coincide with European Union Sustainable Energy Week 2013, is open to houses built in Clare before 2005 and the closing date for applications is July 5.

“For one reason or another and despite financial pressures increasing on homeowners to keep their properties heated, the majority of Clare homes remain energy inefficient,” explained Patrick Stephens, LCEA Manager.

“The total number of permanent households in Clare is 42,534, of which 29,269 or just 68.8 per cent were constructed prior to 2000. Our research indicates only 7,423 of these homes have benefited from energy upgrades,” he said. “This is likely to be reflected in the public submissions we receive as part of the EPOCH.”

To enter EPOCH, homeowners must occupy a house built in Clare before 2005 and return a completed questionnaire to the Limerick Clare Energy Agency (via the Environment Section, Áras Contae an Chláir, New Road, Ennis, County Clare) or enter online at www.lcea.ie before July 5. Questionnaire forms are also available from reception at Áras Contae and Chláir in Ennis.

The winning submissions will be announced on July 12 and will receive progression guidance and finance towards energy efficiency works.

A MAN who used a knife and a hatchet to rob shops in Ennis over a two-day period last February has received a three-year prison sentence.

Robbie Nestor (32), described in court as a chronic heroin addict, was sentenced after pleading guilty last October to robbery and unlawful possession of weapons, at Liddy’s Costcutter, Mill Road, Ennis and Lynch’s Centra, Gort Road, Ennis.

Mr Nestor, with an address at 142 Hermitage, Ennis, appeared before Clare Circuit Criminal Court yesterday.

The court heard that on February 11 (2012), the accused entered Liddy’s Costcutter carrying a black butcher’s knife. Garda William Deleaney told the court that after demanding staff open the till, Mr Nestor made off with € 450.

Mr Nestor was captured on CCTV entering and leaving the premises. He was recognised by a witness after a red scarf used by Mr Nestor to conceal his identity, slipped from his face.

Two days later, the court heard, Mr Nestor was one of two people that entered a petrol kiosk at Lynch’s Centra. Mr Nestor was carrying a hatchet and the other man had a hammer. The court heard that € 1300 was taken during the robbery.

No prosecution was brought against the other man involved in the robbery, the court heard.

Garda Delaney said Mr Nestor was arrested on February 17 and made full admissions.

He added, “He held up his hands completely and apologised.”

Garda Delaney told the court that Mr Nestor has a long running heroin addiction and robberies like this are committed to “fuel his habit.” Mr Nestor has 35 previous convictions.

Barrister Mark Nicholas BL told the court that his client used the stolen money to purchase heroin in Limerick.

He said Mr Nestor is currently drug free and recently underwent a rigorous rehabilitation course in Dublin.

Mr Nicholas added, “If you could extract the addiction he would be a very good member of society.”

Judge Carol Moran said Mr Nestor had a “very bad record”.

On the robbery charges, he imposed two concurrent five-year sentences. He suspended the final two years of the sentence on condition Mr Nestor enter a bond to be of good behaviour.

The two counts of unlawful weapon possession were taken into consideration.

FÁILTE Ireland has been accused of washing its hands of tourism promotion in the west Clare region.

The tourism board has now been called before Kilrush Town Council to explain why it has downgraded its tourist offices in Kilrush and Kilkee at a time when the region is working hard to develop a sustainable tourism industry.

Fáilte Ireland Visitor Information Points have been opened at Crotty’s in Kilrush and at Occasion Gift Shop in Kilkee, but there is no longer any tourist offices anywhere on the west Clare peninsula.

Kilrush Marketing and Development Officer Síobhan Garvey said that Fáilte Ireland told a meeting of tourist bodies that as part of national policy both offices would not be opening in the traditional sense.

“Given the increased use of smart phones, mobile internet devices and apps it is felt by Fáilte Ireland that the new model to provide tourist information is by way of Tourist Information Points which can be placed in existing businesses and serve as an add on facility,” she said.

Council members are not impressed with the new strategy however and have asked for a meeting with Fáilte Ireland to in Cllr Tom Prendeville’s (FF) words;

“Let them know in no uncertain terms what we think of their baffling decision not to fund and located a tourist office in the town.”

Cllr Liam Williams (FG) suggested that the town council should have taken on the project.

“Did we miss out here? Should the town council not have taken it?” he asked.

The councillor was told that the council office was not appropriate as it was only open five days a week, but Cllr Williams believed the council still had a role to play.

“Crotty’s was a tourist agency of last resort.

“We are grateful to Rebecca and Kevin [owners of Crotty’s]” said Cllr Prendeville adding the town needs an office that will carry out services such as bookings and providing information.

Fáilte Ireland has been invited to the July meeting of the council.

THE LABOUR party’s Seamus Ryan will be allowed to serve as a Clare County Councillor if elected – provided that he doesn’t get a promotion.

The North Clare man, who works as a library assistant for Clare County Council, has already stated his intention to run for the party in a Clare constituency next year.

However, according to legislation covering local government, an employee of a local authority is not allowed to serve as a county councillor – once they have achieved a certain position within the council.

Clare County Council confirmed yesterday that since 2004 any local authority employees whose maximum remuneration does not exceed the maximum remuneration for the post of Clerical Officer may become members of a local authority.

This mean that under his current level of seniority – Mr Ryan would be eligible to serve as a county councillor for the next seven years – unless he gets an unexpected promotion.

“Under the Local Government Act 2001 (Statutory Instrument 216, 2004) a person running for the County Coun- cil cannot earn more than the maximum salary of a Clerical Officer. Fortunately, I am at least seven or eight years from the top of the scale so there shouldn’t be a problem with going forward for election,” he said.

Ryan was last year elected onto the nation executive of the Labour Party, has already stated his intention to run in next years local elections – most likely in Ennis or in the new enlarged West Clare area.