Category: News

A DISTRICT court judge labelled the atmosphere in a small West Clare community “septic”, as he fined a father of two € 750 for assaulting and injuring the local school principal.

Martin Tubridy (55), Quarry Vale, Mounthshannon, Labasheeda, had been found guilty of assault causing harm to Liam Woulfe at Labasheeda National School on December 9, 2011, during a court hearing on January 20, 2013.

School principal Mr Woulfe suffered a bloodied nose, black eye and dislodged tooth during the after school attack.

At Kilrush District Court Judge Patrick Durcan said evidence had been given that Mr Tubridy had driven to the school on the afternoon in question.

Mr Woulfe was meeting with another parent, when Mr Tubridy walked up the steps of the school to deal with a matter regarding his eight-year-old son.

Mr Woulfe told the accused that he would speak to him later as he was dealing with another parent, and Mr Tubridy struck him in the face.

Caroline O’Shea the parent, who had been in the classroom meeting Mr Woulfe, had told the court the Mr Woulfe recoiled back over the door in shock. Mr Tubridy then left.

Mr Tubridy’s solicitor had challenged Ms O’Shea and said could not have seen the assault from where she was.

Mr Woulfe, who has been principal at the school for 17 years, said that he had never had to deal with a parent in such an aggressive manner.

At Tuesday’s sitting of the court solicitor for the defence Fiona Hehir said that the publicity of the case had taken its toll on her client and that he had left employment due to depression.

“He fears the publicity on this court will affect his chances of getting work,” she said.

Ms Hehir handed in character references from Thomas Linnane, the charity Second Chance Rescue, Shannon Gael’s GAA Ladies Club and a private reference from parish priest Fr John Kelly. Fr Kelly’s reference was not on behalf of the board of management, the court was told.

A list of charity work carried out by Mr Tubridy was also submitted.

“I am satisfied on review of evidence as I was on January 20, 2013, that Mr Martin James Tubridy assaulted Liam Woulfe,” said Judge Durcan.

He said that he had adjourned the case for a lengthy period aware of the impact the case could have on a small community like Labasheeda.

He said he was conscious that this was a special community, where resources were scarce and small schools, like the two-teacher school in Labasheeda, are under threat.

He then referenced a Department of Education report carried out on June 30, 2012, that showed 89 per cent of parents said their children felt safe in the school.

He said he was not satisfied that any steps had been taken however to rectify the issue outside of the court.

“There is a septic atmosphere out in Labasheeda that needs to be addressed,” he said.

“I am dealing with what happened on December 9, 2011.”

He said he was satisfied that the references showed Mr Tubridy was a “committed” man that did work for charity.

The judge added that this did not get away from the fact that the defendant walked into the school and hit the school principal.

“The assault on a school principal in a small community is a very serious matter,” he said, describing the school principal as a leader in the community.

He sentenced Mr Tubridy, who had no previous convictions to pay a fine of € 750.

Mr Tubridy had previously been ordered to pay € 400 compensation to Mr Woulfe and Ms O’Shea.

TARGETTING cargo traffic through Shannon is set to be a major plank of the new chief executive blueprint for Clare’s international airport, once he takes up his piovital post in early June.

That’s the view of a number of aviation commentators this week as Shannon celebrates what has been described as a “coup appointment” of Scottish-born Neil Pakey to the post of chief executive of the newly independent airport.

The potential of cargo services through Shannon, which could be developed as a European hub operation was highlighted in the Booz and Company consultants report on Ireland’s three state-run airports in 2011.

Now, Mr Pakey’s appointment is seen as a huge step forward in maximizing Shannon strategic location as a freight and cargo nerve centre, because of his track record in doing business with one of the major freight operators in Europe.

“While he was in Liverpool one of his major coups, not just with EasyJet and Ryanair, was to bring KLM in,” revealed aviation commentator Joe Downes.

“KLM are one of the world’s biggest cargo carriers.

“The Shannon board has said that that freight is one of the targets of the new airport – to turn it into a hub for freight cargo. Mr Pakey has the experience to do this,” he added.

The Booz report, which was published last year, said that “the viability of (Shannon) business cannot be justified through passenger growth only”.

“New sources of revenue should be explored including exploitation of land banks, exploration of cargo business potential and improved leverage and expansion of the US preclearance facilities to include cargo.

“Shannon Airport is widely viewed as having the opportunity to transform itself into a major cargo hub in Europe, particularly should the Irish Government negotiate cargo preclearance with the US,” the report added.

“My aim is to build the business and lead a team dedicated to achieving operational excellence, superior customer service, efficiency in all functions and with full support for our airlines, partners and stakeholders,” said Mr Pakey on his appointment.

From 2002 to 2010, Neil was managing director of Liverpool John Lennon Airport, one of Europe’s fastest growing airports, where he led the growth in passenger numbers from 867,000 passengers per year to 5.5 million passengers per year.

Since 2010 he has been the senior director network marketing of the Vantage Airports Group with responsibility for 18 airports worldwide, including airports in Canada, Cyprus, the Caribbean and the UK.

A native of Troon in Scotland, Mr Packey is aged 52 and initially joins Shannon on a three year contract.

ENNIS Town Council says it has “serious concerns” that development bonds valued at € 1.5 million have been left unsecured following the Government’s decision to wind up the former Anglo Irish Bank.

A report on unfinished estates in Ennis states that the council “could not afford the cost of completing estates which are the responsibility of the developer or financial institution (or their successor) that hold the bond commitments”.

A full team of three staff has been allocated by the council to deal with the issue of unfinished estates in Ennis.

In a report to councillors, Town Clerk Leonard Cleary says the issues relating to unfinished estates is “absorbing significant local authority management time”.

The report acknowledges that many homeowners “experience frustration and disappointment” when estates are not complete.

Mr Cleary states, “In many instances, developers are still in a position to trade, but have been slow to fulfill their responsibilities to complete their estates. This is unacceptable.

The report states that there are currently 27 developments that remain incomplete within the urban area of Ennis.

Category 1 developments are those with bonds with held by IBRC and Ulster Bank and / or referred to the council’s legal team; Category 2 developments are progressing in conjunction with developer or bondholder; Category 3 developments are not progressing with little or no activity on site.

Since 2010, Ennis Town Council has taken in charge 11 housing developments including three – Glean na Coille, Claureen, Drumbiggle Drive and An tSean Dún, Tulla Road – in 2013. Eight category 2 developments are proceeding satisfactorily and are on target for taking in charge by either the council or management company.

Mr Cleary states that the pursuit of uncooperative developers through legal channels is required in several situations.

He adds, “The council is cognisant of the public purse when pursuing a legal course of action in an unfinished estate. The view from operations experiences is that if appropriate the best first action of the council to achieve a satisfactory resolution for residents and citizens of Ennis is with the active assistance and cooperation of the developer or those now responsible for the development in the absence of developer fulfilling his/ her responsibilities. The presence of receivers, liquidators NAMA etc has complicated matters even further but is a reality of the current economic circumstances of the building industry. When the above approach does not receive the required response in terms of estate completion, the council has no hesitation in discharging its regulatory role through Court proceedings.”

A VIGILANTE painter has struck at Clare’s most dangerous traffic junction, with a zebra crossing being painted at the notorious Blake’s Corner in Ennistymon.

The zebra crossing was painted in the early hours of last Tuesday morning, May 21, on the Lahinch side of dangerous junction. The identity of the vigilante painter is unknown, but some local people have started using the new zebra crossing.

Blake’s Corner has been the site of ongoing difficulty for Clare County Council, who have had to shelf long-awaited plans to create a new traffic flow system at the junction. Local group, Saving Ennistymon Heritage, opposed the new junction on the ground that two listed building, known as Blake’s and Linnane’s, would have to be demolished as part of the joint National Roads Authority (NRA)/Clare County Council project.

The process has been stalled for the last two years as Clare County Council have been unable to secure funding from the NRA to complete an Environmental Impact Statement (EIS) for the proposed development. More than two million people use the tiny junction every year to access the Cliffs of Moher and Lahinch beach.

Council engineer, Tony Neville, yesterday describe the vigilante action as a “dig” against the council.

“We have to take it out. It is emulsion so white spirits won’t take it out. We are scrubbing it at the moment,” he said.

“It is a bit of a dig. We have to condemn it and to note that is dangerous. People are using it and it is causing confusion. If anyone has information we would urge them to contact the gardaí.”

Local councillor Joe Arkins (FG) said that the action was a direct prompt from the local community aimed at the council.

“The community are prompting us to take on certain works here. We have a real problem there [Blake’s Corner] and the sooner we can apply outselves to solving this the better,” he said.

In an official statement yesterday Clare County Council urged local people to forward any information on the new crossing to the Gardaí.

“We will be removing the zebra crossing as soon as possible. If any member of the general public is aware of the identity of the person or persons who did this, they should report it to the Ennistymon Area Office or directly to the gardaí. Unauthorised surface markings can cause confusion for road users and can be hazardous for both pedestrians and motorists,” said senior engineer Tom Tiernan.

HEAVY drug use led one young Ennis man from a life in college to searching for food in a wheelie bin, a court has heard.

Evan McCormack (29) developed serious mental health problems from smoking an extremely potent form of cannabis, Ennis District Court was told on Wednesday.

Mr McCormack appeared in court charged with intoxication at Roslevan, Tulla Road, Ennis on April 6 (2013). He has previously pleaded guilty to shoplifting offences committed in Dunnes Stores Ennis in August 2012.

Mr McCormack, with addresses at 38 Maiville, Kilrush Road, Ennis and 28 Castlerock, Tulla Road, Ennis, appeared before Ennis District Court on Wednesday. Defence solicitor Daragh Hassett told the court that sentencing had been adjourned on condition that Mr McCormack be of good behaviour.

Judge Patrick Durcan enquired if Mr McCormack was the same man he had previously been told had gone from studying in college to searching bins for food to survive.

Mr Hassett said he was, adding that Mr McCormack developed an extreme bi-polar disorder from smoking an extremely strong form of cannabis known as ‘skunk’.

Mr Hassett said his client had “es- sentially fried his brain” from smoking cannabis.

The court heard Mr McCormack is currently serving a sentence imposed at Galway District Court.

Judge Durcan said he was conscious that Mr McCormack had tried to address his problems “but had fallen.”

He said he did not penalise people who made such efforts.

The case was adjourned until July 24 for a report from the Probation and Welfare Services.

A MAN has appeared in court charged with assaulting a garda in North Clare earlier this year.

Paddy Harty (40), with a former address at Lisheen Park, Partrickswell, Limerick, appeared at Ennis District Court on Wednesday.

It is alleged that Mr Harty assaulted Garda David Keneally at Roughan, Kilnaboy on February 8 (2013).

He is further charged with possession of two stolen handbags at Roughan, Kilnaboy, on February 8 (2013). The court heard that a charge of illegal trespass was withdrawn against the accused.

Sgt Siobhan Redpath of Ennistymon Garda Station gave evidence of arrest, charge and caution in respect of the assault charge.

The court heard that in response to charge after caution, Mr Harty said, “I was drunk guard. I apologise. I didn’t mean to do it.”

Evidence of arrest, charge and caution in respect of the second charge was given by Garda David Keneally of Ennistymon Garda Station.

Garda Keneally told the court that in reply to charge after caution, Mr Harty said, “I did not know those handbags were stolen. The car was open all day and I was drinking. There was another man with me.”

The court heard that the DPP directs summary disposal of the cases. Judge Patrick Durcan accepted jurisdiction.

A legal aid application from solicitor Fiona Hehir was approved. Mr Harty, who is described as of no fixed abode, was remanded on bail to appear again in court on July 28.

MULTIPLE cases involving members of two different Traveller families are due to be heard at a special sitting of Ennis District Court in July.

Allegations of assault and criminal damage in areas of Ennis and Clarecastle allegedly involving members of the McDonagh and O’Donoghue families have been adjourned to July 1. Seven men charged in connection with the incidents alleged to have occurred over a nine month period appeared before Ennis District Court on Wednesday.

Darren McDonagh (20), Simon McDonagh Jnr (18) and Patrick McDonagh (32), all with addresses at 7 Aonach an Chláir, Clarecastle and Edward McDonagh (33), with an address at 18 Davitt Terrace, Cloughleigh are alleged to have caused € 1000 damage to a Ford Mondeo car at An tSean Dún, Tulla Road, Ennis on March 2 (2013).

Edward McDonagh (33) and Simon McDonagh Snr (38), with an address at 7 Aonach an Chláir, Clarecastle are both charged with criminal damage.

It is alleged both men threw stones through windows at Clarehill, Clarecastle on October 29 (2012).

The cases of three men involved in an alleged assault at Ennis Courthouse on May 1 (2013) have also been adjourned to July 1.

Simon McDonagh Jnr (18) and Edward McDonagh (33) are both charged with assaulting Shane O’Donoghue. Both men are also charged with engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace. Shane O’Donoghue (18), with an address at an unofficial halting site, Cragroe, Tulla, is charged with assault of Edward McDonagh.

He is further charged with engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace.

Alan O’Donoghue (20), with an address at 18, Old Forge, Tulla and Shane O’Donoghue (18) face a charge of criminal damage arising out of an alleged incident at 18 Davitt Terrace, Ennis on September 22 (2012).

It is alleged that Shane O’Donoghue and Alan O’Donoghue did without lawful excuse damage a motorcar.

Shane and Alan O’Donoghue are also alleged to have damaged a Silver Ford Focus at 7 Aonach an Chláir, Clarecastle on March 2 (2013).

Shane O’Donoghue is charged with breaking the front windows of 7 Aonach an Chláir and damaging a Ford Focus car on October 26 (2012).

He is also charged with criminal damage at 18 Davitt Terrace, Cloughleigh, Ennis on March 2 (2013).

Shane O’Donoghue is further charged with unlawful possession of a slash-hook at 7 Aonach an Chláir, Clarecastle on March 2 (2013). All cases are due to be contested.

All accused appeared before Ennis District Court on Wednesday.

Judge Patrick Durcan said if an application is made to vacate the hearing date he will refix matters to July 18. Judge Durcan added, “I am reluctant to move around the hearing date.”

A BOUNCER who broke the jaw of a West Clare man outside a pub in Ennis has had the charge against him dismissed.

Colin O’Donoghue (33) denied the charge of assault causing harm to Diarmaid Kelly (23) at Yolo Bar, Abbey Street in the early hours of March 11, 2012.

CCTV footage of the incident shown at Ennis District Court on Wednesday showed Mr O’Donoghue punching Mr Kelly in the face.

Mr O’Donoghue told the court that he lashed out because he feared for his life. Mr Kelly, the court heard, had earlier been ejected from the premises.

The court heard that after a 10minute period during which Mr Kelly demanded to be let back into the pub, he told Mr O’Donoghue;

“I’ve got something in my pocket for you. I’m going to cut your throat.”

Mr O’Donoghue, with an address at 19 Waterside, Cappahard, Ennis told the court that Mr Kelly was very drunk, kept cursing at him and banged his hand on the door behind the Mr O’Donoghue’s head.

Giving evidence, Mr O’Donoghue said, “I thought he had a knife or blade in his pocket. I wasn’t waiting to find out.”

The court heard that Mr Kelly contacted gardaí on March 14 to say that he “thought” he had been assaulted. He said he had received text messages from friends to say he had been assaulted.

Security officer Declan Flynn was working with Mr O’Donoghue on the night.

He told the court that Mr Kelly was very loud, aggressive and intoxicated. He said he heard Mr Kelly making the threat to cut Mr O’Donoghue’s throat.

After the punch was thrown, Mr Flynn attended to Mr Kelly.

He said he brought him a glass of iced water. He said Mr Kelly got back on his feet and walked away with a friend.

Mr Flynn added, “He seemed dazed and confused. I asked him if he needed an ambulance and he said he didn’t.”

Under cross-examination from defence solicitor John Casey, Mr Flynn said Mr O’Donoghue had a “non-aggressive” stance and kept his hands by his side while Mr Kelly demanded to be let in.

Mr O’Donoghue told gardaí that hit Mr Kelly to protect himself.

Staff from the nearby Queens nightclub and Front Bar gave evidence that Mr Kelly had earlier been ejected from the premises for being a nuisance and “squaring up to people.”

Mr O’Donoghue apologised for the injuries suffered by Mr Kelly. He claimed that Mr Kelly told him he would “get him and the pub.”

Mr O’Donoghue said Mr Kelly has passed the pub on several occasions since the incident, “making gun gestures.”

Under cross examination from Inspector Tom Kennedy, Mr O’Donoghue said he had never been assaulted in 14 years working as a doorman.

He added, “At the time I thought my life was in danger and I struck him.” Solicitor John Casey said his client “reacted in full defence of himself.”

He added; “This wasn’t a concentrated assault.

“It was one punch.”

Judge Aingeal Ní Chonduin dismissed the charge of assault against Mr O’Donoghue.

Mr Kelly, with an address at 6 Kilrush Road, Cooraclare, was convicted of provoking a breach of the peace arising out of the same incident. He denied the charge.

He has no previous convictions. Mr Kelly was ordered to pay € 300 to the court poor box within two months. Judge Ní Chonduin said;

“He was the author of his own misfortune, very clearly.”

A NEW form of calculating beach water standards has muddied the waters to such a degree that beaches with safe bathing water such as Miltown Malbay and Lahinch are losing their prestigious Blue Flags.

The Blue Flag in an international symbol to visitors that the beach is safe and the water clear, yet a calculation anomaly is leaving some of the county’s cleanest beaches without the flag, according to Clare County Council.

The local authority was informed by An Taisce and the Foundation for Environmental Education (FEE) that the two County Clare beaches had lost their Blue Flags for 2013.

Environmental watchdog An Taisce admitted to The Clare People however that the water quality at both beaches is safe and clean, but said there was little that could be done to return the flags as an EU directive had to be followed.

Clare County Council has claimed a “mathematical anomaly” in a new system of evaluating the Republic of Ireland’s beaches this year has resulted in the Clare beaches losing their Blue Flag status.

Describing the bathing water quality at White Strand and Lahinch as “excellent”, Clare County Council suggested that the anomaly would have resulted in both locations retaining their Blue Flags had ‘greater levels of e-coli’ been discovered in the water at both locations.

According to Paul Moroney, Senior Engineer with Clare County Council, “Even by the newly-introduced Blue Flag standards, which are 2 to 2.5 times more stringent that the previous standards, both Lahinch and White Strand have excellent bathing water, as evidenced in the EPA report on Bathing Water Quality published earlier this month. However, a mathematical anomaly that arises when low single figure e-coli test results, generally signifying pristine water, are included in the calculations would now appear to have resulted in both bathing waters losing their Blue Flag status.

“The methodology for assessing water quality in determining eligibility for Blue Flag status is based on the EU Bathing Water Directive, which was transposed into Irish law in 2008. The directive has previously drawn criticism from international experts who claimed that in some circumstances application of the methodology to good results could actually result in failures, a scenario that has now presented itself in this year’s Blue Flag Awards in the case of some Clare bathing waters. Ultimately, Clare County Council believes that the new system of calculating the results which is currently utilised for the Blue Flag scheme is not adequately equipped to deal with clean waters and should be reviewed.”

A spokesperson from An Taisce told The Clare People “no one was saying anything negative about the water”. She said the watchdog had reported the issue to Blue Flag International, who in turn was reporting the issues to the EU.

“This is something we are aware of and are working on,” she said.

Meanwhile, the Blue Flag Awards have been retained by six other Clare bathing areas, namely Fanore, Kilkee, Cappa beach in Kilrush, White Strand (near Doonbeg), Ballycuggeran and Mountshannon.

A TEAM of paranormal investigators have finalised the report into their findings at Loop Head Lighthouse, and maintain there are ghosts at the lighthouse and surrounding buildings.

Modern day ghost buster Anthony Kerrigan of GhostEire said that the team have learnt specific information about a number of the 24 spirits – 14 men and 10 women – they contacted during their experiments which included the use of a lazar board dial that could be manipulated by spirits and a ouija board.

A lot of the “activity was detected” in the modern day light keeper’s cottage.

Mr Kerrigan reported that in the mess room “the initials W.G. for a name questioned and the year of ‘21’” were picked up using the laser board.

“Only did we find out a couple of weeks afterwards that a William Gordon worked at the Lighthouse around 1830 and a William Gardener pre 1860, other names that came through were ‘JEF’,” he said.

Upstairs in the cottage Mr Kerrigan said the team made contact with the spirit of a body washed up on the shore line in the 1940s.

The body had no head or arms, just a tattoo.

The paranormal investigator claimed that the spirit was an agent or spy.

“He was very secretive. The only name we got was the nickname Faz,” said Mr Kerrigan.

He added that spirits by the name of Michael and Trayloch detected in the lighthouse might have existed even before the building.

Dates were also detected during the investigation he explained, including the date March 3, 1916.

Mr Kerrigan believes this is re- sidual energy that refers back to the week before the Easter Rising, during which Eamonn Fennell of the Clare eighth brigade got information about Bristish boats along the coast from his brother who worked at the lighthouse.

Asked how he answers those sceptical of his work and findings, the founder of GhostEire said that he looks at all findings with a sceptical eye and that the team do not always find spirits or ghosts.