Category: News

CLARE County Council last week secured a court order restraining a former DJ from harassing local authority staff at a gala tourism event.

At Clare Circuit Criminal Court on Thursday, the Council sought an injunction preventing Ennis man Tommy Kelly from attending the Clare Tourism Forum, a networking event held at the Clare Inn, Dromoland on Thursday night.

Mr Kelly, with an address at 6 An Páirc, Quin Road, Ennis was also ordered by the Court to restrain “from communicating directly with Clare County Council, two named employees, or any other officer of employer of Clare County Council”.

Mr Kelly, a former Clare FM DJ, was not present in court when the order was granted.

Prior to the hearing of the application, Counsel for Clare County Council, Michael Collins BL, asked if the plaintiff was in court.

Judge Gerard Keyes said Mr Kelly had come to court earlier in the morning.

He said Mr Kelly had expressed unhappiness at being in court. He said Mr Kelly also expressed unhappiness with the judicial system.

Judge Keyes said he advised Mr Kelly to stay in court until the application was heard. He said Mr Kelly declined and left the court.

The court heard that a named Council employee who works as a marketing executive with the Clare Tourism Forum, organised the event in the Clare Inn.

Mr Collins explained that Mr Kelly had been nominated to operate a stand for the Ennis Fringe Festival at the Forum.

The court heard that County Solicitor John Shaw wrote to the festival organisers advising that Mr Kelly could not attend.

The court heard that the Council employee was concerned Mr Kelly would “focus” on her.

Mr Collins told the court that Mr Kelly sent “unnecessarily abusive emails” to the Council in April, stating his intention to attend the Forum and document proceedings.

Mr Collins said that in further communication with the Council, Mr Kelly denied sending any abusive emails.

Mr Kelly, the court heard, accuses the Council of “stealing” photographs from him for use in a tourism brochure, called, ‘Clare Live the Life’.

This is denied by the Council. In an affidavit, the Council employee states that the Council invited photographic submissions for the brochure.

They stated that the rules of the competition entitled Clare Tourism Forum to reproduce all or part of the entered material free of charge for use in relation to promotional activity.

Mr Kelly, an award-winning photographer, was called prior to the application being heard but was not present in court.

Expressing concern over the Council’s authority over the Clare Tourism Forum, Judge Keyes said he was reluctant to grant a “blanket injunction” preventing a person from attending the Forum event.

The case was adjourned for a brief period. On resumption, County Solicitor John Shaw, told the Court that the Council employee is the “sole person responsible for running the event.”

Judge Keyes granted the order, “restraining the plaintiff from interfering or harassing or in anyway impeding the first named defendant in the performance of their duties as organiser of the Clare Tourism Forum Gala Tourism Networking Evening”.

Mr Kelly was also ordered not to interfere, harass or impede in any way Council employees from doing their duties.

The court ordered that the order be served on Mr Kelly by personal service and by email.

AS hundreds of Clare farmers look set to run out of fodder over the next two weeks, the ICMSA is blaming Minister for Agriculture, Simon Coveney (FG) for not seeking emergency funding from Europe when this crisis first emerged.

County ICMSA Chairman and O’Callaghan’s Mills Farmers, Martin McMahon, says that his organisation urged the Agriculture Minister to seek once-off emergency help more then a month ago, but they are yet to receive a reply from Minister Coveney.

“It is nearly impossible to source fodder at the moment. I was talking to a man last week who has around 100 cows and four bales of silage left. He has tried all his neighbours and nobody has any feed to give him,” he said.

“There are a lot of people really struggling at the moment. Some sort of a solidarity fund or a hardship funds need to be put in place for these farmers. We have asked the minister to go to Europe and look for this fund and he has not responded at any stage to say that he will do this. We had all of our MEP’s at a Clare ICMSA meeting about a month ago and they said that if the Minister looks for it, they will row in behind him and support it.

“The situation is much worse than it was a month ago when we first looked for this. This fund should be being paying out now – but they are still talking about it. There is a real shortage now on all farms.” Martin has also blamed the recent poor weather condition on the effects of Climate Change. “We have been struggling with the weather now since last May. Climate change is really playing havoc with farming. Last summer was so bad that some farmers in Clare didn’t even manage to get silage in. We all praying for an early spring and then we get this.”

PRESSURE is mounting on the Minister for Agriculture to “put his money where his mouth is” and bring forward an emergency aid for the Clare farmers worst hit by the fodder crisis.

Addressing a meeting of more than 200 farmers in Ennis on Friday, Fianna Fáil’s agriculture spokesperson, Eamon Ó Cuiv, said an aid deal in needed urgently if Clare farmers are to be able to continue feeding animals over the next two to four weeks.

Deputy Ó Cuiv said that plan of Minister Coveney to fast-track payments under some farm scheme would have little or no effect in tackling the current crisis and a € 10 million aid package was need immediately to tackle the current problem.

“Steps taken yesterday by Minister Coveney to fast-track payments under various farming schemes will not help the most urgent cases,” said Deputy O’Cuiv.

“What is now needed is straight cash to assist farmers who cannot get credit and do not have enough money to feed their cattle.”

The former Fianna Fáil minister was speaking at an emergency meeting which took place at the Auburn Lodge Hotel in Ennis on Friday night last.

Speaking ahead of last Friday’s emergency meeting in Ennis, Minister Coveney said that access to credit was key for farmers to see themselves through this difficult period.

“Access to credit is crucial at this time and flexibility from both banks and merchants is vital. I will be speaking to banks to highlight the challenges facing farmers as a result of the weather, and insisting they take a flexible approach to dealing with short term credit issues,” he said.

“I have also been in contact with co-ops and grain and feed merchants to urge them to be flexible during this difficult time. This is an occasion when solidarity is needed among the farming community.

“I would ask those that have fodder to be proactive in making it available to neighbouring farmers who are encountering severe problems.”

HUNDREDS of Clare farmers face the possibility of a total wipe-out as the fodder crisis threatens to bring the county’s farmers to their knees.

More than 200 farmers attended an emergency meeting organised by Fianna Fail in Ennis on Friday, where the full extent of the fodder crisis in the county became apparent. Scores of farmers across Clare have completely exhausted their stock of fodder, with many also unable to get credit from banks to buy feed.

With many Clare farmers already at breaking point it looks likely to be between two and four weeks before any significant grass growth will take place to alleviate the shortage.

Clare IFA last week distributed 12,000 bales of hay and roughly 50 tonnes of silage to animal welfare hardship cases in the county.

“Many farmers face running out of fodder.

“There is talk of emergency funding but that isn’t going to be of any help for the people who don’t have fodder to get through the next few weeks,” said Clare IFA chairperson, Andrew Dundas.

According to Clare ICMSA, hundreds of Clare farmers have already spent their entire Single Farm Payment (SFP) in the first three months of the year.

“People have gone right through their Single Farm Payment – it’s all used up. I know some farmers in Clare have gone to the bank looking for money for feed and have been turned down. They are under serious financial trouble,” said Clare ICMSA chairperson Martin McMahon.

“There is no way that farmers are going to be able to survive until next year’s SFP is made available – they just won’t be able to pay their bills, it is as simple as that.”

According to the Clare United Farmers Association (UFA), animals are beginning to starve to death on some Clare farms.

“We are dealing with one Clare farmer at the moment who has 30 friesian cattle – he has no feed, no money left to buy feed and no chance of getting finance to buy feed. He advertised these cattle for sale and he was offered € 200 a piece for them – which is maybe half what he would have got last year.

“People are trying to take advantage of the situation,” said Joe Corbett of the Clare UFA.

“This is this man’s way of making a living. He can’t afford to keep these animals because he has no money to buy feed for them and he can’t afford to sell them at the price he is being offered. He has to get help. People’s backs are to the wall and all they want to do is keep their animals alive.”

Farmers can contact the Teagasc help line on 091-845852.

A MAN who wrote graffiti on a statue of Clare’s most famous politician was not entitled to express his views in such a manner, a court has heard.

Aidan Cahill (26) used a blue marker to write on a bronze statue of Eamon De Valera near the grounds of Ennis Courthouse on April 4 (2013).

Mr Cahill, with an address at 3 Glenview Close, Tulla, was found by gardaí in possession of a blue marker near the memorial to the former President of Ireland.

At Ennis District Court on Wednesday, Mr Cahill pleaded guilty to graffiti of the monument, which is the property of Clare County Council.

Inspector Tom Kennedy told the court that Mr Cahill had a number of previous convictions including for criminal damage and assault.

Defence solicitor Tara Godfrey said her client is “extremely sorry” for what he had done. She said Mr Cahill has since washed the graffiti from the statue. She said Mr Cahill had entered an early plea and admitted his responsibility. Ms Godfrey said it could be proffered that Mr Cahill is taking the “blame for some other blue markered villain” and their “blue shirted views.”

Judge Patrick Durcan said this was a monument of national significance to someone who played a significant role in the development of the Irish State. Judge Durcan said irrespective of whether or not Mr Cahill had views on Mr De Valera, he was not entitled to deface the statue.

Judge Durcan said he found it “absolutely reprehensible” that someone would use the statue as an “outlet for their rage.” He added; “This is an issue where someone very central to this country has been defamed.”

Noting Mr Cahill’s early guilty plea, Judge Durcan imposed a threemonth prison sentence. That sentence was suspended for 12 months on condition Mr Cahill be of good behaviour and refrain from entering the park that surrounds the De Valera monument.

TWO men that had been living rough on the streets of Ennis have secured temporary accommodation at a tourist hostel in Galway.

It emerged last week that Czech national Josef Pavelka (58) and his Polish friend Peter Baram (35) had spent a period of time living in public toilets in Ennis town centre.

The men’s living arrangements were disclosed in a report by the Probation Services at Ennis District Court where Mr Pavelka appeared on charges of public intoxication.

On viewing the report, Judge Patrick Durcan commented that it was a “scandal” that a person is “living in a toilet in a prosperous nation”.

Mr Pavelka’s solicitor Daragh Has- sett said that if it wasn’t for the help of the church, his client “would be dead”.

The court heard Mr Pavelka has chronic problems with alcohol. Ennis Town Council operates the Automated Public Conveniences (APC), more commonly known as superloos.

In a statement last week, the council said it “has no evidence of any parties using public toilets in Ennis as accommodation facilities”.

The statement continues, “Having checked with the Gardaí, a similar view has been expressed. Furthermore, the company contracted to maintain the public toilets says there is no evidence to suggest that the toilets are being used in such a manner.

The council says the toilets are “subject to an intense maintenance regime which involves a daily inspection by the said company”.

It continues, “The toilets are automated and the mechanism provides for a voice warning, an alarm activation and an automatic opening of the door after a 20 minute period. This includes an early morning inspection on at least five days each week. Ennis Town Council does not comment on individual housing circumstances, which are a personal matter. The relevant agencies and bodies have, however, been involved in addressing housing needs of the parties involved.”

Yesterday Pat Cahill, Manager of Laurel Lodge temporary accommodation centre where the men lived for two years, confirmed that Mr Pavelka and Mr Baram are now living on a temporary basis in Galway City. Mr Cahill said the men can stay in the hostel until May 7. He said the accommodation was secured following a multi-agency case conference.

Fr Tom Hogan, Ennis Parish administrator, said the men are “delighted to have a roof over their heads and a bed under them”. He said the men, who received meals from the St Vincent de Paul and the Church, “fell through cracks in the system”.

Fr Hogan said Mr Pavelka lived in public toilets for three weeks while Mr Baram lived there “on and off”.

Last Wednesday, Ennis District Court heard that Mr Pavelka was unable to take up an offer of re-patriation to the Czech Republic due to family issues. The court heard Mr Pavelka’s habitual residency has lapsed and as a result no state agencies can provide him with assistance.

A GARDA was kicked in the stomach and punched in the face during a “vicious and vile assault” at Ennis Garda Station last year, a court has heard.

Ennis Garda Claire McDermott also had clumps of hair ripped from her head when she was attacked by Ann Marie Molloy (24) on May 14 last.

Details of the assault were heard at Ennis District Court on Wednesday.

Ms Molloy, with an address at Bay 2 Ballaghboy, Quin Road, Ennis, pleaded guilty to a charge of assault causing harm to Garda McDermott on May 14.

She also pleaded guilty to charges of provoking a breach of the peace and intoxication at Lifford Road on the same day.

The court heard that gardaí were called to Lifford Road after Ms Mol- loy was observed standing close to the River Fergus.

Inspector Tom Kennedy explained that Ms Molloy was arrested and brought back to Ennis Garda Station as she was intoxicated and behaving in an aggressive manner.

Sergeant Mark Murphy of Ennis Garda Station, said Ms Molloy calmed down initially after she was brought to the station. However, Mr Murphy added, Ms Molloy’s mood changed after she discovered she would be charged.

He said Ms Molloy kicked Garda McDermott in the stomach, punched her in the face and pulled out clumps of her hair.

Garda McDermott suffered a cut to her chin and bruising to her her eye.

Three gardaí were required to bring Ms Molloy unde control.

Sgt Murphy said, “Garda McDermott was clearly shaken by it.”

Ms Molloy also pleaded guilty to the theft of a wallet from a customer at an Ennis Cinema on February 12 (2013).

She also pleaded guilty to the theft of € 150 from the wallet of a member of staff at Supermac’s, O’Connell Street, Ennis on February 18 (2013).

Defence Solicitor Tara Godfrey said her client had a “difficult upbringing” and comes from a large family of six brothers and six sisters.

Ms Godfrey said her client suffers from health problems. She requested that the case be adjourned until to allow Ms Molloy engage with the Probation Services.

Judge Patrick Durcan said, “This was a vicious and vile assault.”

He said it was his view that a person who commits such an offence “deserves to be incarcerated for a lengthy period.”

However he said he was willing to adjourn the case to allow for a presentence report from the Probation Services. The case was adjourned until June 12. A MAN charged in connection with a public order incident on the Kilrush Road in Ennis has had his case adjourned until June. Anthony McDonagh (26) is charged with engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace at Maiville, Kilrush Road Ennis on February 28 (2013). Mr McDonagh, with an address at 37 Maiville, Kilrush Road, Ennis is also facing a charge of being intoxicated in a public place.

The case was adjourned until last Wednesday to allow for directions to issue from the Director of Public Prosecutions (DPP)

Inspector Tom Kennedy told the court that the State has not received the directions. He said a counter allegation has been made in the case and this is currently the subject of investigation.

Defence solicitor Tara Godfrey said a complaint has been made to the Garda Ombudsman.

Insp Kennedy requested that the case be adjourned until June 5. Judge Patrick Durcan agreed to the adjournment, but said that the “DPP needs to get a move on.”

MORE Kilrush businesses will close under the new local government structure, that will see a new Clare County Council take over the responsibilities of Kilrush Town Council, its longest serving member has warned.

Cllr Tom Prendeville (FF) said, “When Clare County Council takes over we will see rates going up and more Kilrush businesses going to the wall unfortunately,” he said.

Kilrush businesses have shown a consistency when it comes to paying the rate in the last number of years.

A total of 76 per cent of commercial rates have been collected in the town for 2012, and the figure continues to rise as some cash strapped businesses have opted to pay the local tax in instalments.

At the end of 2012 more than € 221,000 was colleted in rates from businesses in the West Clare town, up € 5,000 on the previous year.

The most up to date figures also show that write offs were down from more than a € 107,000 at the end of 2011 to € 71,678.50 on December 31, 2012.

Kilrush Town Council accounts also show that business people in the town managed to pay a substantial amounts of the rates owing from 2012 during the first month of this year – almost € 28,000.

At the end of 2012 uncollected rates reached € 123,532.49, but this had dropped to € 95,744.51 by the end of January.

Describing commercial rates as “a crucial part of our funding”, town clerk John Corry said that Kilrush Town Council is making every effort to recover these outstanding payments, while being mindful of the economic climate.

He explained that the local authority had engaged various methods of payments with businesses, including payment by instalment.

“We are trying to be as flexible as we can,” he said.

“The outstanding balance for 2012 continues to reduce due to the instalment payment we have introduced,” he said.

At the end of 2011 the rate collection in Kilrush was also 76 per cent, making it the highest collection rate in the county.

A MAN alleged to have broken into a pub in Ennis allegedly used kegs of beer to force open the rear entrance, a court has heard

Michael Maughan (38) is charged with entering the Diamond Bar and Wilson’s Photographic Shop on O’Connell Street as a trespasser on March 22 (2013).

It is alleged that he stole cash of € 3700, 12 bottles of spirits valued at € 300, an iPod valued at € 200 and cash and cigarettes valued at € 1400 from the Diamond Bar.

Mr Maughan is alleged to have stolen an Apple iMac valued at € 800 and four Nikon cameras valued at € 400 from Wilson’s.

He is further charged with causing criminal damage to windows of four cars in Paddy Quinn’s car-park, lower market street, Ennis on the same night. Mr Maughan, with an address at 20 Stonecourt, Drumbiggle Road, Ennis, appeared at Ennis District Court on Wednesday.

The alleged facts of the alleged burglaries were outlined in court to allow Judge Patrick Durcan to consider jurisdiction.

Inspector Tom Kennedy said the Director of Public Prosecutions (DPP) had directed summary disposal of the cases.

Insp Kennedy said it would be alleged that Mr Maughan gained access to the Diamond Bar using kegs of beer to force open a rear entrance. Insp Kennedy said it would be al- leged that the accused stole cash and goods from the Diamond Bar and a number of items from Wilson’s.

The court heard that none of the property has since been recovered. Judge Durcan said he would accept jurisdiction.

Defence solicitor William Cahir said the charges would be contested and that he required time for disclosure.

Bail was approved for Mr Maughan subject to conditions. The case was adjourned.

A TEENAGER felt afraid of a “Fagin” type character in Ennis when he committed a number of crimes in the town last year, a court has heard.

The 16 year-old pleaded guilty at Ennis District Court on Wednesday to multiple offences committed be tween July and December 2012.

The teenager was one of two people who stole a car from Castlewood Park, Ennis on July 31 (2012).

On August 31, the teenager was seen by gardaí driving the car.

Inspector Tom Kennedy told the court that gardaí activated lights on the patrol car and indicated for the driver to stop.

Insp Kennedy said the car kept going before flipping and crashing just outside Ennis.

The court heard that the boy was thrown 15 feet from the car. He was transferred to hospital and his injuries later required him to wear a back brace for a period of six months.

The teenager pleaded guilty to trespassing on a farmhouse in Lemenagh, Kilfenora, on October 21 (2012) and theft of items from a house in the Lifford area of Ennis, also in October

He also pleaded guilty to his role in burglaries at houses in Westwood, Ennis, on dates unknown between December 25 and 26 and at Showgrounds View, Ennis, on dates unknown between December 26 and 27.

Defence solicitor John Casey said the boy had started hanging around with a bad crowd and had been in “freefall” when the burglaries occurred.

Mr Casey told the court there is a “Fagin” type figure in the background of some of these offences who his client is afraid of.

He said this person would give young people a lend of money or a “small bit of cannabis”.

Mr Casey explained, “No matter how much you try to pay it back, you can never pay it off. You work for it and you never get out of his debt.”

The court heard the boy had refused to identify the person to gardaí.

Mr Casey said his client is a “likeable young enough young lad”. He added, “Initially he was hanging out with the bad company but now he is the bad company.”

Judge Patrick Durcan said the teenager “gives the impression of being a lovely young lad” who had “fallen into bad, bad ways”.

He added, “I do not see a bad lad. I see a lad who is misled.” However he said a period in detention was required to “break the connection with bad company.”

The boy was remanded in detention for a full assessment.