Category: News

A WEST Clare publican accused of assaulting a customer at his home on a Sunday morning during the Willie Clancy Festival has had the charges against him dismissed

Unemployed bricklayer Kieran Flynn (35) alleged Sean Malone (52) showed up at his home on July 3 (2011), punched him around the head and pulled off his underwear during a 10-minute assault.

Mr Malone, with an address at The Lane Miltown Malbay, pleaded not guilty to the charge of assault causing harm.

The court heard that Mr Flynn had been on a 13-hour drinking session the previous day.

Mr Flynn, who admitted being very drunk, ended the day in Malone’s Bar where an altercation developed between he and Mr Malone’s partner Fiona White.

The court heard that Mr Flynn was thrown out of the bar.

Pointing to a lack of medical evidence, Judge Patrick Durcan dismissed the charges.

He said, “There has to be a doubt in mind and there is. I accordingly dismiss the charge.”

Judge Durcan said he had no reason “not to believe” Mr Flynn’s evidence. However he said this was a case where there was a conflict between the evidence of a drunk man and sober man.

Judge Durcan said that if a man had been “thrashed” in the manner described by Mr Flynn you would expect that medical evidence would have been produced to support that claim.

Over the course of three hours and 35 minutes, the court heard evidence from 11 witnesses including three other publicans in Miltown Malbay.

Mr Flynn alleged that Mr Malone had been “crying with temper” during the alleged altercation, adding that Mr Malone told him that he had insulted his parents on the night previous.

Mr Flynn’s partner, Cora Griffin (26), said he had a “bruised hand and buttocks” when she saw him.

His sister, Annette Cotter, said her brother was “lying on the floor naked from the waist down.”

She claimed there was blood spat- tered on the walls and that her brother was in agony.

A number of defence witnesses said Mr Flynn had been heard in Miltown on the previous day talking about a fight he had been in with another man.

Publicans Martin Flynn (Flynn’s Bar) Gerard Clancy (Clancy’s Bar) said Mr Flynn had been in their bars in the early afternoon on July 2. They said he had blood and scrapes on his knuckles.

Mr Clancy said he advised Mr Flynn to go home and sleep it off. He added, “He’s not awkward. He’s a lovely lad.”

Staff at Malone’s Bar also gave evidence that Mr Flynn was in a “very irritable mood” on July 2.

Ms White said Mr Flynn verbally abused her in Malone’s Bar and pushed her.

Mr Malone told the court that he asked Mr Flynn to leave his premises on July 2 because he was “beyond control.”

Mr Malone said he called to Mr Flynn’s the next morning because he was concerned for his well being. Insp Tom Kennedy said Mr Malone and other witnesses had attempted to “discredit” Mr Flynn.

This was rejected by the witnesses and Judge Durcan who said he did not “quibble” with the evidence given by the publicans.

Defence solicitor Daragh Hassett said evidence had been given that Mr Flynn had spoken of being in a fight with another man on July 2.

He said there were “large doubts and inconsistencies in the State’s case.” Judge Durcan dismissed the charges.

A MAN has appeared in court charged with violent disorder at a primary school in Ennis earlier this year. Conor Mahon (21), with an address at Ballaghboy Halting Site, Quin Road Ennis, is alleged to have committed violent disorder at the Holy Family School, Station Road, Ennis on March 3.

He is also charged with unlawful production of an article contrary to the firearms and offensive weapons act at the same date and location.

At Ennis District Court on Wednesday, Inspector Tom Kennedy said the matter would be proceeding on trial on indictment.

Charges previously brought against Mr Mahon arising out of the same incident were struck out by a Judge in June

Defence solicitor Daragh Hassett told the court that this was the State’s “second bite of cherry” in respect of charges against his client.

Insp Kennedy explained that the charges were struck out following delays in obtaining directions from the Director of Public Prosecutions (DPP).

He said matters have progressed since then. Insp Kennedy told the court that the book of evidence would be served within 42 days.

Responding to Mr Hassett’s concerns, Judge Patrick Durcan said, “If the book of evidence is not served within 42 days, the wind is very much at your back.”

Mr Mahon was remanded on continuing bail to appear at Ennis District Court on November 14.

TWO men alleged to have been found with cannabis estimated to be worth € 13,000 have been sent forward for trial. Bryan Byrne (32) and Eoghan Phayer (35) both appeared at Ennis District Court on Wednesday.

Mr Byrne, with an address at 28 Hillcroft Close, Dublin Road, Limerick and Mr Phayer, with an address at Hill Road, Bunratty, Clare, are facing charges under the misuse of drugs act. It is alleged that on April 7 (2011) at Aharinaghmore, Kilmore, Clare they possessed cannabis for sale or supply and at the time the market value of the controlled drug amounted to € 13,000 or more.

They are also charged with having cannabis for sale or supply and cultivation of cannabis at the same location on the same date.

The case was adjourned until last Wednesday to allow Judge Patrick Durcan to consider the matter of jurisdiction. Defence solicitors for both accused had raised concerns over jurisdiction and the manner in which the charges were brought against their clients. Judge Durcan accepted jurisdiction. He said, “I am satisfied that I can make an order returning both men for a trial sitting in Ennis.”

Solicitor for Mr Byrne Oonagh Moylan said the State had brought charges against her client last Wednesday without notice.

She said, “The defendant has not been afforded fair procedure.” Ms Moylan said the State had not given any reason why charges were originally brought in Limerick and then later in Clare.

Judge Durcan said he was dealing with the case on the basis that the charge sheets were properly brought before him. Inspector Tom Kennedy told the court that the Director of Public Prosecutions had consented for both accused to be returned for trial to the current sittings of Ennis Circuit Criminal Court.

Detective Garda Alan Kelly gave evidence of having served the book of evidence on both accused. Legal aid was approved for a solicitor, a junior counsel and a senior counsel in respect of each man. Judge Durcan made the orders returning both men for trial. A 67 YEAR old man has appeared in court for allegedly indecently assaulting a young boy in Clare.

The 10 charges date from January 1979 to May 1981 and were allegedly committed in Clare. The man, who cannot be named for legal reasons, appeared at Ennis District Court on Wednesday. Detective Seargent Michael Moloney of Ennis Garda Station gave evidence of arrest, charge and caution.

He told the court that the accused made no reply to each of the 10 charges. Inspector Tom Kennedy said the matter would be proceeding on indictment.

The case was adjourned until November 14 for service of the book of evidence. Judge Patrick Durcan imposed reporting restrictions.

A MAN who stole waste metal from a hospital in Ennis committed a “despicable” offence, a court has heard.

Gerard McDonagh (30) with an address at 36 Dromard, Lahinch Road, Ennis, pleaded guilty to the theft of old radiators from the grounds of Cahercalla Community Hospital and Hospice on May 3 (2012).

He also pleaded guilty to taking waste metal from the same location on May 7. The hospital was undergoing renovation works at the time.

The court previously heard that the father of four sold the radiators to a scrap metal dealer in Galway for € 200.

The matter came before Ennis District Court for sentencing on Wednesday.

Defence solicitor Tara Godfrey said her client knew the items were waste “but should’ve known better.” She added;

“He had no business being in the curtilage of the hospital.”

Ms Godfrey asked the court not to impose a custodial sentence.

Judge Patrick Durcan said he had to balance the accused’s guilty plea against the “despicable nature of these offences.”

He said Mr McDonagh “knew exactly what he was about.”

“I do not accept he came across these materials innocently,” Judge Durcan added.

The court heard that Mr McDonagh had previously received a suspended sentence at Galway Circuit Criminal Court.

Judge Durcan imposed sentences totaling four months to run consecutively to the sentence imposed at Galway Circuit Criminal Court. Recogances were fixed in the event of an appeal.

After sentence was passed, Ms Godfrey told the court that she had been informed by her client that he had gone to Cahercalla to visit his sick aunt. A 56-YEAR-old man drank too much after being unlucky in love at the annual Matchmaking festival, a court has heard. Michael McDonagh, with an address at 14 Parnell Street, Summerhill, Ennis, pleaded guilty to being intoxicated in a public place during this year’s Matchmaking festival in Lisdoonvarna. Inspector Tom Kennedy told the court that Mr McDonagh was found “laid out” on Main Street, Lisdoonvarna. He was subsequently brought back to Ennistymon Garda Station. Solicitor Tara Godfrey told the court that her client had “rather optimistically made his way to the Matchmaking festival in Lisdoonvarna.” She said Mr McDonagh’s attempts to meet a partner were unsuccessful, after which “he had a drink followed by another drink.” She added, “The air just hit him and when the air hit him, he slid to the ground.” She said Mr McDonagh is very embarrassed by his behaviour. Judge Patrick Durcan fined Mr McDonagh € 100 and gave him three months to pay. Mr McDonagh was also warned about his behaviour at next year’s festival.

THE lives of hundreds of Clare dogs have been saved following a massive investment in the Clare Dog Pound by the UK-based Dogs Trust.

The investment, which could amount to as much as € 100,000 per year, will mean that every viable animal surrendered to the pound will be inoculated, micro-chipped and re-homed, either locally or in the United Kingdom.

The news comes after months of work and lobbying by the Clare Dog Warden, Frankie Coote, who believes that the investment will change the way that dog are treated in Clare forever.

“I think everyone has been concerned about the amount of dogs who are put down in Ireland. There are about 1,000 dogs put down in England each year compared to more than 18,000 in Ireland. This is great news – the Dogs Trust are basically sponsoring us to change that in Clare,” said Frankie.

“This is going to save the lives of 400 or 500 dogs in Clare every year, so it is massive news. This means that every puppy, let’s say, that arrives into us on a Monday, we can afford to get that dog all of its inoculations and also to get that dog microchipped.

“So if any member of the public comes and wants that dog, they will receive it with all of that already done. That is about € 160 spend on each dog. If we can’t re-home that dog in Clare, and the dogs can’t be homed elsewhere, then the Dogs Trust will bring those animals to the UK each week in a specially-designed carrier truck.”

This funding means that all nonviable dogs will be put down in Clare. Dogs that have been violent or whose owners requests that they are put down, will still be put down at Ennis Dog Pound.

“If a dog is dangerous or it has been left in to be put down by its owner, then there is nothing we can do. We are obliged under the law to do it. But any young healthy dogs, that we just didn’t have homes for in the past, they will all be saved now,” continued Frankie.

The arrangement came into effect yesterday morning, October 15, and will be fully funded by the Dogs Trust for a year’s trial.

Hopes are high that this trial will be extended to an ongoing relationship in 2013. Wh ile it w ill g e t b e t t e r by t h e we e ke n d , t h e re w ill b e a fa ir a m o u n t o f ra in d u rin g t h e we e k a n d t e m p e ra t u re s n o t c lim b in g a b o ve 11 d e g re e s.

ON TUESDAY, October 9 and Wednesday, October 10 in The West County Hotel, Ennis, secondary schools from all over the county competed in the Clare heats of the All-Ireland Schools Talent Search Competition.

This year, the competition’s benefiting charities are the NSPCC/ISPCC/Childline.

The ISPCC/NSPCC rely on the generosity of the public and donations from schools and companies for 90 per cent of its funding. Proceeds from The All-Ireland Schools Talent Search will go directly towards maintaining the charities’ support services for children and teenagers all over Ireland.

Tuesday and Wednesday nights were huge successes, as schools from all over Clare performed for both the audience and the judges.

The All-Ireland Schools Talent Search is not based solely on the judge’s decisions; the audience were allowed to vote for their favourite act.

There was a lot of support over both nights for the various performers, which included singers, comedy acts, bands and even a gospel choir.

As this competition is only for secondary school students, the ages on the nights varied from 12 to 17 and there was something to suit everyone in the audience.

Twenty acts got through from the Clare Heats. There will be a provincial heat coming up on Friday, No- vember 9, and following that there will be a semi-final and next March the All-Ireland Schools Talent Search Final will be televised in The Helix in Dublin.

Full support will be needed by all acts on the night so come along to support them on November 9. The proposed venue for this will be The West County Hotel, Ennis, but see Facebook to confirm details coming up to the event.

For more information, visit The All-Ireland Schools Talent Search’s Facebook page or go to www.schoolstalentsearch.org.

THE growing number of women in Clare development addictions to prescription drugs and alcohol has prompted the Bushypark Treatment Centre to launch an after treatment programme, specifically aimed at women.

The number of Clare women with addiction problems is on the increase – with older women abusing prescription medication a particular concern. This has prompted the Mid-West Regional Drugs Task Force and Clarecare to fund Bushypark in a new women in recovery group.

“Women tend to go for alcohol and prescription drugs – and prescription drugs really is a key issue for women. from the trends that we see coming in to us they are much less likely to abuse elicit drugs or gambling,” said Margaret Nash of Bushypark.

“This is a problem across all ages. We are seeing a trend of young girls from 14 or 15 years of age who are binge drinking. But there is a real problem for older women, especially when it comes to prescription drugs. This is a huge concern for us.

“This is older women who are deal- ing with an empty nest, when their children move away, but also women tend to live longer than men – so a lot of widows are finding themselves in difficulty. There are a lot of widows out there. Usually with addiction there is an underlying condition and the stress of different situations can bring that to a head.”

Women can often face greater stigma than men when facing up to their addiction issues. The women in recovery group aims to help women rebuild their lives after an addiction problem and reduce the likelihood of a relapse.

“Women generally have much more guilt and shame than men when they discover they have a drugs, gambling or alcohol problem and that does make them slower to come forward. Women’s drinking is more secretive than men, they tend to drink in the home and that makes it harder to spot and be diagnosed. This makes them slower to access services,” continued Margaret.

“It is also different for women going back into society after treatment. People can be a bit more unforgiving to a woman in this situation as opposed to a man and they can also have responsibility thrust on them earlier. So there tends to be a higher relapse rates for women than there does for men, and this is where the new programme comes in. It is about learning the skill of self care – about minding themselves.”

The group features a mixture of group therapy, personal development, relationship support, art therapy and other supports. It is designed for women who have completed a treatment programme but is open to anyone. For details ring 065 6840944.

A TRAVELLER feud that has spilled onto the streets of Ennis on two separate occasions over the last week has been branded “absolutely disgraceful” by Chief Superintendent of the Clare Garda Division, John Kerin.

Seven people have been arrested in total in connection with violent disturbances that broke out at Ennis Cathedral, Maiville housing estate and the Maid of Eireann roundabout between Thursday and Sunday.

Charges have so far been brought against three people. Gardaí expect to make more arrests in the coming days. Armed members of the Garda Regional Response Unit have also been on patrol in Ennis over the last five days.

The latest incident occurred Sunday at the Maid of Eireann roundabout when members of the rival famillies clashed at around 6pm.

Gardaí on routine patrol came upon the incident and were backed up by units from Ennis Garda Station. Weapons including Stanley knives, pick-axe handles, slash hooks and a baseball and iron bars were all among weapons seized this past week alone. A garda was hospitalised after receiving whiplash injuries when the car he was sitting in was rammed by another vehicle.

A number of vehicles were damaged and an area near the roundabout was closed to traffic for three hours. Two women have been charged with public order offences and are due to appear in Ennis District Court on Wednesday.

Three men also arrested on Sunday had their periods of detention extended at Ennis Garda Station yesterday.

Gardaí believe the incident is linked to a violent altercation that occurred during a wedding at Ennis Cathedral on Thursday afternoon.

THE Canadian dentist who spent the last month searching Ireland for a mystery Clare woman says he has no regrets, even as he returns to Canada alone.

Sandy Crocker arrives back in Canada later today after his month-long love crusade to find the girl he met in Ennistymon for just five minutes in 2011.

Over the last month, Sandy has been contacted by two women who believed they might have been his “Ennistymon girl” but sadly neither turned out to be the right person.

Sandy’s story was first published in The Clare People on September 18, but went on to be picked up by thousands of media outlets across the globe, including Time Magazine , ABC News in the US and the BBC.

Speaking to The Clare People yesterday, Sandy thanks the people of Clare for all their support over the last four weeks.

“I left Ireland thrilled with having received such a warm reception and so much support from everyone. Even without ever finding the girl, I claimed success by having come here and done my best to find her,” he said. “The attention this story garnered was greater than even expected. I was overwhelmed by the sincerity of everyone in Ireland who helped me in my search. I did feel uncomfortable with the global coverage at first, but with the majority of followers understanding the simply kind gesture of this journey, I grew to be at ease.

“In the very beginning, I knew that by at least making the effort to find the girl, whatever the end result was, I would be able to happily move on. Given how popular the story has become, I’m sure people will not allow me to forget my ‘Ennistymon girl’ and my eventful return to Ireland.”

Sandy met his ‘Ennistymon girl’ in An Teach Bia in Ennistymon on July 9, 2012. He describes her as being in her mid- to late-20’s with freckles and redish-brown hair. He spoke to her briefly before she left the cafe but realised too late that he might have met the love of his life.

GARDAÍ in Kilrush have carried out more than 500 drug searches in the town of Kilrush so far this year, an average of 13 searches a week.

The 507 searches far exceed the number usually carried out by a Garda station of the size of Kilrush but, according to Superintendent Gerry Wall, this is an indication of how serious the local gardaí are taking the drug issue in the town.

The searches included buildings and searches of the person.

The local gardaí have also arrested two for selling and supplying drugs locally.

Drug dealers that are known to have pushed drugs in the West Clare town have also been arrested in different jurisdictions and await trial. Supt Wall reassured people that many of those who had been selling drugs in the town are before the courts in Clare and other parts of the county.

“They are all under pressure and will stay under pressure,” he said.

The superintendent was addressing questions during the Public Joint Policing Committee meeting which was held in the town last week and boasted a larger than usual attendance from members of the public.

The number of people arrested for possession of drugs up to the value of € 300 has fallen to 14 during the first nine months of this year from 29 in 2010, those attending the meeting heard.