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Special sitting required in July for multiple cases

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.”

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Broken jaw victim author ‘of his own misfortune’

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.”

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New rules rob two beaches of Blue Flag

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.

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Loophead ghosthunters contact spirits

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.

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‘Spend it or we lose it’

KILRUSH Town Council’s finances are the healthiest in years and its soon to be disbanded council is determined to have all of the money spent on local projects before it is absorbed “ and lost” within a newly amalgamated county council.

According to the Financial Statement for last year, and published this week, there was an overall net surplus of € 19, 535 at the end of 2012, and € 200,000 transferred to specially marked projects.

This is no small feat considering that at the end of 2007, there was a cumulative deficit of € 187,000 in the council’s revenue account.

According to Town Clerk John Corry the savings were achieved by cuts to expenditure in different sectors including payroll, and despite cuts to the Local Government Fund and grants from the Department of Environment, Community and Local Government.

At Thursday night’s meeting of the town council it was agreed to set aside € 150,000 of the € 200,000 transferred to special projects to the proposed Cooraclare Road Sports Development with the remaining € 50,000 to go towards that Vande leur Walled Garden Capital Works Project.

The council is currently awaiting grant-funding approval from central government for the sport’s development before the project can go through. Grant funding has been refused for the project on two successive years, leading to the mayor Cllr Mairead O’Brien (Ind) having some reservations about setting aside such a large sum.

She pointed out that if the project does not get a sports grant this year, it will be put on the shelf and the money set-aside by the town council absorbed by the larger council.

“Can we set a date to say if it is not achieved can we say it will be used for astro turf pitch?” she asked.

It was agreed that if funding was not provided in the next round of sport capital grants, the funding would be transferred to another project. It was also agreed to tender for the astro turf pitch so that the council could move quickly to have this project carried out quickly, if the sport development did not get the green light.

Meanwhile the council finances were further boosted by local businesses compliance with paying commercial rates. At 76 per cent compliance for the third year in a row this is the highest return to any of Clare’s three rate setting councils, including the county council. Mr Corry said that every effort would be made to collect all outstanding rates.

“We are being as flexible as we can with rate payers, and going down the legal route is a last resort,” he said.

Development contributions were down again this year to € 2,153 from an all time high in 2007 of € 273,096.

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Football brought joy and racism to teen’s life

SPORT has given plenty of joy to the Twumasi family since they moved from Ghana to Ennis 10 years ago. Brother Nicholas and William are talented GAA players with Eire Óg and Clarecastle respectively. Both have also excelled at athletics and on the soccer field. Last year 17-year-old Nicholas was part of the Avenue United team that reached the semi-finals of the under 17 National Cup. He is on the cusp of winning a Premier Division title with the Ennis club’s junior side. Nicholas dreams of playing at higher level, maybe in England or Scotland. Soccer is his favourite sport. But while sport has given Nicholas great days and memories, it has also introduced him to some of life’s uglier attitudes. Racism never encroached on the Twumasi family’s life except on the sports field. Nicholas explains, “I experienced it a lot. It got me in trouble a few times. It only stopped two years ago. I was surprised because we are all playing sports just for the fun of it. There is no need to do any of that when I haven’t done anything to you. I just lose it when things like that happen. It was players and people on the sideline.”

Dad Kwame says he too was surprised when insults were hurled at his son. He says, “They called him names when they played football. It is a game. You have to close your ears and not listen to them.”

Nicholas says he only ever experienced racism on the sports field. He explains, “That was the most difficult part, when you are playing sport and someone keeps racially abusing you. We reported it a few times but the referee would say there is nothing he could do if he didn’t hear it. With Avenue we reported it a few times and we were told there is noting we can do about it if the ref did not hear it.”

He adds, “The last time it happened, a guy started abusing me straight in front of the ref. It has died down since last year. It’s a lot easier now.”

The family moved to Ennis in 2002. After a 10-year wait, they secured citizenship last year. Kwame, a selfemployed former Dell worker, and his wife Comfort have five children and one foster child. Kwame says the family were welcomed to Ennis and enjoy their life in Ireland.

Citizenship, he says, has made it easier for the family to travel. Nicholas hope to study in England after completing his Leaving Cert. For him, citizenship didn’t come soon enough.

He says, “I couldn’t go through to ‘Football’s Next Star’ (football talent show) with Celtic because I didn’t have Irish citizenship!”

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Kilrush council in the dark on who will foot property tax bill

KILRUSH Town Council will be levied with a local property tax of approximately € 4,000 this year, a figure that will double next year.

It is as yet unclear however if this tax will be paid by the council or passed on to tenants with a rent increase.

The Kil rush local authority was a total housing stock of 185 units, and other properties including the town hall.

According to Liam O’Connor, Senior Staff Officer, Housing Social and Cultural Services, the details on how the council will pay the local property tax is limited at present.

He said that local authorities are still awaiting guidance from the Revenue as to how the registration of council houses will take place.

“All local authority property is to be valued on valuation band 1 (€ 0 – € 100,000). Properties for tenants with special needs are exempt from the tax. Local authorities will have to remit payment of the local property tax by year end,” he said.

“Cer tain issues have to be clarified such as are long-term voids liable for tax, and will local authorities recoup the charge from tenants. For further years local authorities will have to make a provision in their budgets for the payment of the LPT,” he added.

Kil rush town manager and director of Services Anne Haugh estimated that the payment this year will come to € 4,000, half of the annual property tax valuation.

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Ennis meeting on teen drug abuse

A MEETING will take place in Ennis on Thursday night aimed at helping families affected by the growing problem of drug abuse.

The Mid-West Regional Drugs Task Force, together with members of the community from around Clare, is hosting a Substance Misuse Services Information day on Thursday, May 23, from 11am to 2pm at the Temple Gate Hotel. Fr Peter McVerry, from the McVerry Trust, will speak at the event.

Mary Leahy, Clare Community Forum, says; “If you want to know more, please come along to the Temple Gate Hotel.

“You may not be aware of what is available and this is an opportunity to have a cup of tea and see what services are here in our community, for our community. It’s not an area that many of us feel very comfortable about, so we want to encourage people to come along to this informal event.”

Those involved from the community came together after completing the FETAC 5 component certificate in Community Addiction Studies, hosted by Ennis Community College and supported by Clare VEC and the MWRDTF.

Pat Talty, of the organising group said;

“The course focused my interest in wanting to do something further, at a local level.

Together we decided that a starting point for this was to hold an information event, to inform ourselves and the people of Clare of the services available to us, our families and our community when substance use becomes problematic.”

Since last year, a number of new services have started in the mid-west region.

This includes the Community Substance Misuse Team (CSMT), which assists young people, families and communities develop effective and supportive coping strategies to deal with substance misuse issues.

Clare Youth Services, Bushypark House and the Health Services Executive Drug & Alcohol Service, CSMT and Limerick Youth Service recently responded to a clear need, and established a youth support group.

This group provides help to young people aged 14 to 18 years who are affected by a close family members drinking or drug use. Further information on all groups will be available on the day.

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Jail for ‘wild west’ carry-on at four Ennis premises

A MAN who engaged in what a Judge called “wild west behaviour” in pubs in Ennis has been sentenced to four months in prison.

Darren Maughan (21) threw a keg at the door of Kelly’s Bar in the Market, one of a number of offences committed in Ennis during April.

On Wednesday at Ennis District Court, Mr Maughan pleaded guilty to three charges of theft.

He also pleaded guilty to provoking a breach of the peace at Dan O’Connell’s bar, Ennis and criminal damage at Kelly’s Bar on April 8.

The court heard Mr Maughan stole nine bottles of Blossom Hill wine from Fine Wines off-license over two days, April 14 and April 15.

Mr Maughan, with an address at 20 Stonecourt, Drumbiggle, Ennis, also pleaded guilty to the theft of four bottles of Blossom Hill wine from O’Keeffe’s off-license on April 14.

The court heard that on each occasion, the accused walked out of the premises without paying for the alcohol. None of the property was recovered.

Inspector John Galvin told the court that the accused entered Dan O’Connell’s bar on April 8. He said Mr Maughan was barred from the premises and became abusive and threatening towards staff when asked to leave.

The court heard Mr Maughan was also refused entry to Kelly’s Bar. Insp Galvin said the accused threw a keg at the door of the premises causing € 500 worth of damage.

Mr Maughan has 39 previous convictions predominantly for public order offences, the court heard.

Defence solicitor William Cahir told the court that his client is a young man with serious problems with alcohol.

The court heard two of Mr Maughan’s brothers died because of alcohol-associated problems.

Mr Cahir said his client’s older brother is trying to assist him. He added, “He was out of control with alcohol consumption.”

Judge Patrick Durcan asked Mr Maughan to explain his “wild west type behaviour in the pubs of Ennis.”

Mr Maughan replied, “I was drunk. I was on medication. I am very, very sorry for what I did.”

Prior to passing sentence, Judge Durcan asked if Mr Maughan preferred red or white wine. Mr Maughan said, “I’d prefer to have none at all.”

Judge Durcan said he had deemed probation or community survive not to be a suitable sentence.

He said Mr Maughan had committed very serious offences against the people of Ennis, particularly those working in licensed premises.

Judge Durcan imposed sentences totaling four months in prison. He warned Mr Maughan that he would deal with him more harshly if he appeared in court again.

Judge Durcan commended Mr Maughan’s elder brother for the help he has given his sibling.

He told the Mr Maughan that he hoped his time in prison would benefit him.

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Kilrush shortlisted for Best Kept award

THE town of Kilrush is back in the national eye, one week after it hosted the National Famine Commemoration, as it has been shortlisted for Best Kept Tidy Town in Ireland.

The Heritage town is one of just four nationally in the final stage of the competition.

Chairman of Kilrush Tidy Town Committee Paul Edson said that winning the award would be “a great stepping stone for the national Tidy Town Awards”.

Mr Edson said that while the town has never looked as good there are still some contentious areas that need addressing. He explained that the town could not become complaisant. Boundary walls in areas such as Pella Road, O’Gorman Street, Grey Street, and St Senan’s Terace needed to be addressed he said.

The Tidy Town’s committee is tak- ing the issue in hand by going door to door to residence and offering to help them to paint their wall if they wish to take on the project.

In what is likely to be the last every report to Kilrush Town Council the Tidy Town’s chairman said, “This might be our last ever meeting with the town council so we want to achieve as much as possible in the next 13 months.”

The council contributes € 4,000 to the Tidy Town fund.

Mr Edson fears that such funding will not be available from the amalgamated Clare County Council.

He said the Tidy Towns also want to concentrate on Francis Street, the largest and widest street in the town.

“It is like a beautiful around a painting that is not completed,” said Mr Edson.

He said the committee were seeking extra funding to put a three tier planter and hanging baskets for the street.