Category: News

A JUDGE has rejected a Clarecastle man’s offer to pay € 5,000 compensation to a plasterer he assaulted with a golf club 17 months ago.

David Casey suffered a fractured skull when he was assaulted by Ian Considine (25) at St Joseph’s Terrace, Clarecastle, in the early hours of December 27 (2011).

Mr Considine, with an address at 55 St Joseph’s Terrace, Clarecastle, appeared at Ennis Circuit Crminal Court on Friday.

Judge Gerard Keyes rejected Mr Considine’s compensation offer, saying he was conscious of the perception that exists that people can attempt to “buy” a suspended sentence.

In February, Mr Considine pleaded guilty to a charge of assault causing harm to Mr Casey, a father of two who also lives in the St Joseph’s Terrace area.

The court heard that on the night in question Mr Casey was involved in an incident outside the Considine family home.

Garda Niamh Browne of Ennis Garda Station said Mr Casey threw a crutch at the door and broke one of the windows.

Members of the accused’s family including his father came outside, the court heard.

Mr Considine, who lives near the home, was awoken by his sister and arrived at the scene armed with a golf club, the court heard.

Counsel for the State Stephen Coughlan BL, told the court that for want of a better expression, Mr Considine, “literally pole-axed Mr Casey”.

Mr Casey was transferred to the Mid Western Regional Hospital, Limerick and later Cork University Hospital.

He sustained a right frontal skull fracture and 6cm laceration.

Mr Casey required further treatment in 2012 to remove skull fragments that were “leaning on his brain”, the court heard.

In his victim impact report, Mr Casey said the incident had greatly affected his life.

He said he had been unable to work since the assault. He said he is worried every time he goes to the doctor.

Mr Casey added, “I have no grudge against Mr Considine.

“I want to put this behind me and move onto the next chapter of my life. …. “What is done is done and there is nothing we can do about it now.”

Defence Counsel Kenneth Kerins, said his client, a qualified carpenter, made a “very foolish and rash decision” on the night.

Mr Kerins added, “He stands before the court genuinely remorseful.”

Mr Considine has no previous conviction and has not come to garda attention since the assault, the court heard. Mr Kerins said there had no further incidents between the parties.

The court heard Mr Considine de- scribed as a hardworking, reliable man.

The father of two is a long serving member of Manus Celtic soccer club.

Mr Kerins said his client would be willing to pay € 5000 compensation to the injured party.

Judge Gerard Keyes said he found the figure too low, noting the length of time the victim had been out of work.

Judge Keyes said he was also conscious of the perception that exists among the public that defendants can attempt to “buy” a suspended sentence.

Judge Keyes indicated that he might accept a figure of € 10,000 but added that payment is no guarantee that a suspended sentence will be imposed.

Judge Keyes said he required time to consider the case in greater length.

He added; “I cannot ignore the seriousness of the injuries inflicted on this man with a golf club.”

A CAMPAIGNER for the homeless is facing a possible prison sentence after being convicted of stealing almost € 27,000 from an 87 year resident of St Joseph’s Hospital in Ennis. At Ennis Circuit Criminal Court on Thursday, a jury convicted Josephine O’Brien (59) on nine of 10 counts of theft from the bank account of Stephen O’Halloran.

Ms O’Brien, with an address at 15 Bridgeview, Roslevan, was found guilty of stealing € 26, 503 on dates between July 2006 and October 2010. The pair first met when they were patients living in Ennis General Hospital. They subsequently lived together in rented accommodation.

The two-day trial heard that after Mr O’Halloran became a resident of St Joseph’s Hospital in December 2005, he gave Ms O’Brien his ATM card for the account that received his English pension.

The court heard that when enquiries were made to arrange for the pension to pay for Mr O’Halloran’s care in St Joseph’s, there was very little money left in the account.

Ms O’Brien admitted making the transactions over the period from January 2006 to October 2010, claiming she had consent to do so.

The court heard evidence from Mr O’Halloran who said she did not have the authority to make the withdrawals. The court heard that Mr O’Halloran said Ms O’Brien visited him for the first six months of his stay in St Joseph’s but that the visits stopped after June 2006.

This was disputed by Ms O’Brien. The court also heard evidence from Detective Garda Beatrice Ryan who investigated the theft.

In a Garda interview, Ms O’Brien said, “I know I shouldn’t have taken the money but I did.”

She told gardaí, “I am sorry. I want to pay it back.”Ms O’Brien told gardaí that she never spent the money on herself. She said she used it to pay rent and to fund a drop in centre for the homeless in Chapel Lane, Ennis.

Ms O’Brien is co-founder of the Homeless Education Learning Programme (HELP), an Ennis-based organisation that supports homeless people. In his closing speech, Counsel for the State, Stephen Coughlan said there had been a pattern of Ms O’Brien “clearing” out Mr O’Halloran’s bank account.

He said, “You don’t get a blanket authority to raid a person’s account.”

Counsel for Ms O’Brien Lorcan Connolly BL said, “She opened a drop in centre. Is that the profile of a dishonest person?”

It took the jury two hours to return a unanimous verdict of guilty in nine of the ten counts Ms O’Brien was charged with. They returned a verdict of not guilty for the count covering January 2006 to June 2006.

THREE men alleged to have been involved in a “fracas” at a wedding in Ennis last year have had the charges against them struck out.

Three men – Jimmy Doherty (40), John Doherty (47) and Simon Doherty (41) were charged with offences arising out of an alleged incident at Ennis Cathedral, O’Connell Street, on October 11 (2012).

Jimmy Doherty, with an address at 8 Maiville, Kilrush Road Ennis, and Simon Doherty, with an address at The Cottage, Granard Road, Edgeworthstown, Longford, were both charged with the assault of John McDonagh at the Cathedral on October 11 (2012).

They were also charged with engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace.

John Doherty, with an address at 60 Abbeyville, Ennis, was charged with engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace.

John Doherty was also charged with assault causing harm to John McDonagh.

The court previously heard that it would be alleged that Mr Doherty struck Mr McDonagh across the head with a slash hook. Jurisdiction of John Doherty’s case was refused in the District Court.

At Ennis District Court on Wednesday, Inspector John Galvin said he did not have directions from the Director of Public Prosecutions (DPP) for Jimmy and Simon Doherty. He requested a two-week adjournment.

Defence solicitor John Casey said this was the second occasion the State had sought an adjournment. He added, “This is not a very complicated matter. There are not a huge number of witnesses. There has to be movement on it.”

Judge Patrick Durcan said the delays are “very unfair” on the Dohertys. He said, “This is crazy carry on. These men are innocent in my eyes. They have been coming to court since February 6.”

Judge Durcan said, “These men can’t be coming in here. They have other things to be doing.”

Mr Casey applied to have the cases dismissed. Insp Galvin applied to have the cases struck out.

Judge Durcan also struck the cases against John Doherty. He said, “John Doherty can’t be coming in here day after day.”

A CLARE war hero, who was refused a personal bi r thday card from Queen Elizabeth II, as he “could not prove he was British”, will instead receive a letter to mark his 100th bi r t hday today (Tuesday).

The U-tur n by Buckingham Palace, which fol lows a petition by 800 people, means Dr William Navin who is originally from Clarecastle, will now receive a message from the Queen.

Dr Navin was bor n in Clare on April 30, 1913, and his family still own and operate Navin’s Bar in Clarecastle village.

His late brother Fr Charles Navin ser ved most of his li fe as the parish priest in Tubber. His other brother Dr Cyril was a monsignor in America while Pat rick ran the publ ic house in Clarecastle.

Dr Navin left Ireland for Coven tr y in 1939, to work with the ear, nose and throat specialists at Walsgrave Hospital. This was not to be however and he ended up in general practice as the war broke out.

During World War II he was a medical officer and ser ved with the Home Guard, ear ning seven medals for ser vice.

The reti red GP car ries an Ir ish passpor t, even though he is also en- titled to a British one.

Buckingham Palace said the Clare native did not qualify for the queen’s bi r thday message without a Br itish passpor t as proof of citizenship.

However t he petition by the people of Coventr y saw a change of hear t being the palace gates and t his man is to be sent a personal letter from the Queen instead of t he t raditional card.

The decision came after the LordLieutenant for the West Midlands, Paul Sabapathy CBE, cont acted the anniversaries office.

He said he had been informed t he Queen’s secretar y would now be sending a letter to Dr Navin on the Queen’s inst r uction.

Dr Navin’s family said they were ext remely disappoi nted when they received the letter from Buckingham Palace denying hi m t he card.

The letter stated, “Her Majesty only sends messages to people who are citizens of Her Realms or UK Overseas Ter ritor ies, and as your father was bor n in what is now the Republ ic of Ireland, I am afraid it is necessar y to see evidence of his Br itish citizenship.”

Dr Navin has t hree chi ldren, seven grandchildren and two greatgrandchildren, and lives on his own in Coventr y since his wife Molly died 23 years ago.

A WEST Clare man could have his Olympic dreams dashed if he goes to prison for firearms and drugs offences.

Weightlifter Sean McNamara is a Munster and All-Ireland titleholder. The 21 year-old also holds two under 23 national records and has been short listed for the Irish weightlifting squad for the 2014 Olympics in Rio de Janeiro. Mr McNamara, with an address Doonogan, Mullagh, appeared at Ennis Circuit Criminal Court on Thursday, having pleaded guilty to unlawful possession of a sawn-off double barrel shotgun. He also pleaded guilty to possession of cocaine for sale or supply.

The items were uncovered during a raid by the Clare Division Drugs Unit at Doonogan, Mullagh on October 16 (2010).

Detective Garda Stephen Hession told the court the gun along with 29.82 grammes of cocaine, glucose for mixing and a weighing scales were found in an abandoned farmhouse across the accused’s home.

Det Hession said the accused was under pressure to store the gun from other parties.

The court heard that at the time Mr McNamara was part of gang involved in drug dealing in North and West Clare. The gang, the court heard, was headed by a 17 year-old who had “control” over the accused.

Det Hession said the gun was sourced following an altercation between the gang and other parties carrying axes in Kilrush during October 2010. The court heard that the shotgun had been stolen in Kilrush in 2009. Mr McNamara had no connection with the theft, the court heard. Det Hession said the gun was sourced as a “scare tactic.”

Text messages sent by the 17-yearold from Mr McNamara’s phone were also read out in court by Counsel for the State, Stephen Coughlan BL.

One of the messages sent by the 17 year-old stated; “Getting tooled up. Kilrush is going to get a shock.”

Det Hession said Mr McNamara co-operated with gardaí and has since broken all connections with the gang. He added, “I believe he was apprehended at the right time before anything serious happened.”

Defence Counsel, Michael Collins BL, said his client had “started hanging out with the wrong crowd and was completely out of his depth.”

Mr Collins said his client acknowledged that these offences may “jeopardize” his involvement in the Olympics.

Mr Collins urged the Court not to impose a custodial sentence as it might harm his client’s Olympics hopes. Judge Gerard Keyes adjourned the case to June 18.

AN EAST Clare businessman could be on the verge of changing the way that people are buried forever. Killaloe-based inventor Bar ry Spearman has founded the company New Age Memorials – Europe’s first provider of fiberglass headstone.

According to Bar ry, his new headstone could save people thousands in cleaning and other costs when compared to traditions headstones. The idea for fiberglass headstones came to him about two years ago, when he was tr ying to clean one of his own family headstones.

“I was quoted € 250 for sandblasting and re-lettering which I thought was excessive. Then I bought various stone cleaning chemicals and none of them worked well,” he said.

“Up to that time, I had not thought about the ongoing costs involved in maintaining headstones and it was only when I mentioned it to other people I discovered that a whole industry of cleaning headstones had come into existence.

“I thought there must be a modern material, with similar properties to stone, but without the drawbacks, that could be used just as efficiently.”

Barr y had his Eureka moment while fishing on Lough Derg.

“Every few months, a bit of surface mould might grow where rain has lodged, but this is easily brushed off. This boat, li ke 90 per cent of all modern boats, is made from marine grade fibreglass. I had found my headstone material,” he said.

Spearman set up the company in May 2012, and has been working with a number of companies trying to perfect moulds, finishes, designs and the manufacturing process.

“I discovered that a design for a fibreglass headstone was patented in 1973 in the US. This patent has now lapsed and the design was totally different from mine,” he said.

“Now that the product has been perfected I hope to sell directly to the public in order to keep the purchase costs down. This would not happen if sold through under takers. I have just begun to advertise in the local papers and free sheets and also by putting posters up in shops and so on.”

LESS than three years from after it was decimated in a General Election, the Fianna Fáil party in Clare believes it is regaining its political stronghold once again in the county.

Two full buses left the Banner county on Saturday morning for the party’s 74th Ard Fheis in Dublin, with more travelling the night before.

Among the delegates were men with 30 years membership who had never before attended an Ard Fheis, and numerous young people.

The Clare branch of the party was celebrating the fact that it had reached 800 in membership, the majority of the new recruits under the age of 30.

Adding to their confidence of local support was the fact that they won a prize for the second year running for the second highest gate collection in the country and the second best contribution to the National Draw.

And to top it all off, there was a former Green Party councillor now one of their own also wandering around the RDS wearing a “guest badge”.

Cllr Brian Meaney (GP) is now an official member of the party, but it will be another 12 months before he graduates to the stature of delegate and have a vote in party affairs.

The weekend and perceived growing support within the county was also a boost of confidence for those who must encourage and organise candidates for the local election next year.

Constituency organiser Michael Neylon said, “It shows that we are active.”

Clare is also punching above its weight when it comes to the national executive.

Two Clare men were elected to the “Committee of 20” at the weekend, to join Constituency Secretary Gerry Reidy and TD Timmy Dooley on the executive.

Ennis man Garrett Greene, who was returned to the “Committee of 20”, is even among the older members on the influential committee at just 38 years old.

Newcomer, Eoin Neylon also from Ennis is considered among the average age at just 26 years old.

Mr Greene is a manager of TTM Healthcare’s Medical Division in Ennis.

“The positive atmosphere and the energy we saw this weekend is testament to the fact that Fianna Fáil has a strong and vital role to play in the future of Irish politics. I want to thank all of those from Clare who attended the Ard Fheis and made their voices heard about the future of the party,” he said.

Mr (Eoin) Neylon is a structural engineer based in London and set up the city’s first ever Fianna Fáil Cumann.

“It is a wonderful honour to be chosen by Fianna Fáil members to represent them on the National Executive. I want to thank all the party members who voted for me and I will endeavour to perform my role to the best of my ability. The grassroots of the party needs to have a greater say in how the party is run and I hope to provide a direct link to the Ard Comhairle for many local members,” he said.

TWO retail chains in Clare under went major changes this week.

The Clare branch of the book shop chain Hughes and Hughes is to come under Eason’s umbrella next month, while video rental Xt ra-vision’s branches went into receivership, yesterday, Monday.

The jobs of t he staff at t he Ennis and Shannon branches hang i n t he balance as t he joint receivers attempts to find a buyer for the t roubled fil m and games rent al business.

Operations at the movie rent al chai n at both stores are expected to continue as normal.

In a st atement, Xt ra-vision confir med that all gift cards and customer credit balances remain unaffected and are ful ly redeemable.

It added t he company said that it has become unable to meet its debts as t hey fall due as a result of the wit hdrawal of t rade credit by a number of its key suppliers.

Xtra-vision has been negatively affected by the rise in online streaming of movies and digit al pi racy.

“Whi le the company’s ret ail business conti nues to grow, its movie rental business has declined more rapidly t han anticipated, most noticeably in areas with high speed broadband, which is linked to high levels of i llegal downloading,” the st atement said.

Meanwhile Hughes and Hughes in Ennis is one of three Hughes and Hughes shops to go under the Eason & Co franchise.

Eason reached agreement with Hughes and Hughes for its stores in Ennis, St Stephen’s Green and Sant r y to transfer and operate as Eason franchises from May 2013.

A franchise store will also open this year in Shannon.

Coupled with two new openings in Mallow and Kil lar ney, the Shan- non shop will be par t of t he new 35 jobs to be created.

Hughes & Hughes was founded in 1986. It was placed into receivership in early 2010, owing € 9 million to Ulster Bank, but Derek Hughes acqui red the rights to the name later that year and, with t he backing of Aidan Masterson and Pierce Molony of Bus Stop newsagents, he opened six shops under t he Hughes & Hughes name.

Mr Hughes said going the franchise route with Eason would reduce its dependence on book sales – they account for just 40 per cent of Eason’s revenues – and cut out cent ral overheads.

A NEW campaign to roll out the Burren Farming for Conservation Project across the Burren looks set to get underway in the coming weeks. The chairperson of Burren IFA, Carron farmer Michael Davoren, last week called on the Minister for Agriculture, Simon Coveney (FG), to extend the project, which already includes more than 150 Clare farmers.

Last year just under € 1 million was paid out for essential biodiversity works to be carried out on 158 Burren farms.

Should the scheme be rolled out across the Burren it could mean an extra annual funding boot of more then € 10 million to the local economy. The funding is made available for works such as stone wall building, scrub removal and the construction of access tracks on Burren farms. This work is designed to help protect each of the different biological habitats which are natural in the Burren.

In recent years, the spread of scrub over areas of limestone pavement has been one of the major imbalances tackled by the project.

Scores of farmers in the Burren have returned to the ‘winterage’ method – which sees cattle left out on land during the winter, when they feed on young hazel and other scrub plants, which helps to prevent the scrub from taking over areas of limestone pavement.

Burren IFA chairperson Michael Davoren made the call at at BurrenBeo Trusts annual showcase last week.

“With the support of local conservation groups like the Burrenbeo Trust we have been able to pilot a new type of environmental scheme which rewards farmers for looking after the Burren,” he said.

“This meeting of minds has created a fair deal, which allows farmers to add to their income while giving society what it wants: a healthy Burren. We are now calling on the Department of Agriculture to roll out the Burren Farming for Conservation Project across all of the Burren – this will really transform the Burren and the lives of the people in it for the better.”

The Burrenbeo Trust is Ireland’s only registered landscape charity and their goal is the protection of the Burren and its communities.

FARMERS from the North and West area of Clare are reporting thefts of bales and other fodder from their farms.

As the farmers endure the greatest fodder shortage in living memory, those lucky enough to still have some of last year’s harvest now fear it may be taken as some farmers already say they have been the victim of such thefts.

Gardaí say that while they have heard of a number of incidents of this happening, they have received just a few official reports to that effect.

Kilrush area Superintendent Gerry Wall described these thefts as “particularly nasty”.

The senior garda maintains that stealing bales, silage and other fodder from hard-pressed farmers, is adding to their stresses and making life even more difficult.

Farmers are not just at the financial loss of the bale of hay or silage, but find it difficult to replace it to feed their own animals as the crisis fodder continues.

“It [fodder] has a value, and people are taking advantage of those who are already in a difficult situation. It is a particularly nasty theft,” said the superintendent.

He encouraged people to come forward and report such incidents and anyone with any information to also call the Gardaí.

“This is a particularly difficult time for the farming community, and I am happy to help in any way,” he added.

Farmers say those with bales to sell can name their price as most farmers have come to the end of their own supply.

A wet summer and autumn last year resulted in a very poor harvest. Leaving many farmers short of the required fodder to feed their animals. A cold and wet spring is adding to their difficulties, as their animals cannot be let out to graze, adding to an already deepening agricultural crisis.