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Judge lashes Ulster Bank in Ennis court

A JUDGE has said he will refuse installment orders sought by Ulster Bank until it gets its “house in order.”

Judge Patrick Durcan has been refusing to grant the applications in light of recent problems at the bank, which have caused massive disruptions to customers.

Banks can seek an installment order from the court to compel debtors to pay a fixed amount each month.

Ulster Bank sought two such orders at Ennis District Court on Friday. However, Judge Durcan informed the solicitor acting on behalf of the Bank that he would “not be granting any installment orders until they get their house in order.”

He said the recent problems experienced by the bank had caused “huge inconvenience to the people of Ireland”.

Judge Durcan adjourned both cases to December 14. IT problems have affected hundreds of thousands of Ulster Bank’s customers for almost one month. A technical problem dur- ing a software upgrade at its parent company RBS disrupted electronic transactions and created a massive backlog processing payments.

In a statement yesterday, the Bank said, “All of our systems are running as normal this morning in the timeframes we would expect and normal service has now been restored for the majority of our customers.”

The statement continues, “Given the scale of the incident, the clean up continues and a small percentage of outstanding transactions are being processed over the next couple of days.

“There is no doubt that there will be reconciliations to some customer accounts that also need to take place over the coming days and weeks. However, for the majority of customers it is now business as usual”.

Judge Durcan was also critical of the level of information provided by Banks on debtors when seeking installment orders.

Referring to an order sought by the Bank of Ireland, Judge Durcan said, “The behaviour of the banks is nothing short of scandalous.”

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Sent threatening texts to ex-girlfriend

A MAN who has pleaded guilty to harassing his former partner sent her a text message stating her new boyfriend would be “breathing through a tube” when he finished with him, a court has heard.

Ray Clune (37), with an address at Breafa West, Lissycasey, pleaded guilty to harassment and to contravening a safety order at a named Ennis address on dates between January 20 (2012) and February 4 (2012).

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

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

After hearing an outline of the facts of the case, Judge Patrick Durcan accepted jurisdiction.

Solicitor John Casey told the court that his client would be entering a plea of guilty.

Inspector Kennedy told the court that a woman made a complaint to gardaí after receiving a number of phone calls and text messages of a threatening nature.

He said the woman’s phone received 30 missed calls on January 21 and a further eight missed calls on February 4.

He said the woman had not answered the phone calls.

Insp Kennedy said the calls were followed by text messages containing remarks about her new partner.

Insp Kennedy told the court that the messages included threats that the man “would be breathing out of a tube” and “would end up in a body bag.”

Approximately 20 text messages were sent in total to the woman’s phone, the court heard.

Insp Kennedy said that Mr Clune was completely “cooperative and apologetic” when met by gardaí.

“No new complaints about the accused have been made,” he added.

Mr Casey handed in a doctor’s report explaining that his client suffers from depression.

He said at the time the offences were committed, Mr Clune “was drinking very heavily, 24/7, and this sparked something in him.”

Mr Casey added, “He knows that she has moved on and he has moved on and he accepts it.”

“He apologises unreservedly. She did not deserve this. She did nothing”, he said.

Mr Casey said his client had lost his job and had recently found it difficult to get meaningful employment. Mr Clune has no previous convictions.

Judge Durcan acknowledged that Mr Clune had experienced a number of difficulties in his personal life. However, he said that the accused had breached a court order and had harassed his former partner.

He remanded Mr Clune on continuing bail to appear again on November 7 for finalisation of sentence. He granted the State liberty to re-enter the matter at 24-hour notice. He said if Mr Clune’s good behavior continues, then the matter will be disposed

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Alleged that large quantities of cannabis and heroin seized

A MAN with an address in Crusheen has been charged with having what gardaí have described as ‘large quantities’ of heroin and cannabis for sale or supply at two different locations is due back again in court later this month.

Simon Bracken (45), with an address at Cappamore, Crusheen, appeared at Ennis District Court on Wednesday.

It is alleged that Mr Bracken had diamorphine for purposes of sale or supply at Cappamore, Crusheen on June 1 (2012).

Mr Bracken faces another charge of having cannabis for sale or supply at Ardrahan, Galway on June 13.

The court previously heard that the cannabis seized by gardaí was estimated to be worth € 20,000.

Inspector Tom Kennedy told the court that the State are awaiting directions from the Director of Public Prosecutions (DPP).

He said quite a “sizeable” amount of drugs had been seized and that the case “might attract another charge.”

Solicitor Tara Godfrey said she intended to make a bail application on behalf of her client.

The court heard that Mr Bracken had previously been remanded in custody with consent to bail in relation to the cannabis charges.

Inspector Kennedy said the State would consent to bail on the heroin charges.

He sought a further adjournment in the case for DPP’s directions.

Ms Godfrey said that her client could not achieve bail at this time on the current terms.

She added, “I am concerned that DPP’s directions have taken some time.”

Judge Patrick Durcan remanded the accused in custody with consent to bail to appear again on July 25. Judge Durcan added that given Mr Bracken’s continued “incarceration”, he was concerned that DPP’s directions had not yet issued.

In response, Insp Kennedy said, “Mr Bracken is in custody having been caught in possession of a large quantity of drugs on two separate oc casions within a week.”

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Accused allegedly discovered by gardaí going through drawers in bedroom

A JUDGE has declined jurisdiction in the case of a man accused of breaking into an apartment block in Shannon last month.

At Ennis District Court on Wednesday, Judge Patrick Durcan referred a case involving Derek Quaid (23) back to the Director of Public Prosecutions (DPP).

The court had heard that the DPP had directed summary disposal of the matter.

It is alleged that Mr Quaid, who gave an address at 218 O’Malley Park, South Hill, Limerick City, trespassed at flat at Kincora Apartments, Shannon in such a manner that was likely to cause fear in another person. The alleged offence is alleged to have occurred in Shannon on June 27.

A woman was in the apartment at the time of the break in, the court heard.

Solicitor Jenny Fitzgibbon requested that the court consider jurisdiction of the case.

Inspector Tom Kennedy outlined a summary of the alleged facts.

He said a woman was in the apartment when she heard someone banging and kicking on the door.

The woman rang the building caretaker and the gardaí.

The court heard that gardaí found Mr Quaid going through drawers in a bedroom of the apartment. The accused was subsequently arrested by gardaí at the scene, the court was told.

Judge Patrick Durcan declined jurisdiction. He granted an extension of time for the service of the book of evidence.

He remanded the accused on continuing bail to appear again at Ennis District Court on September 12.

He also consented to a request to have Mr Quaid’s bail conditions amended to allow him to visit his solicitor’s office in Shannon.

Judge Durcan ruled that the accused could visit the office as long as he has in his possession an official letter of appointment.

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Ennis businessman must address fire safety concerns

AN ENNIS businessman has been given until tomorrow to devise a schedule of works to address fire safety concerns at an apartment block in Ennis.

Details of the case brought against Oliver Moylan were heard at Ennis District Court on Friday.

Mr Moylan, owner of the Ennis Cash Company, was brought to court by Clare County Fire and Rescue Services after failing to comply with a fire notice issued on January 23.

The notice was issued to rectify deficiencies at a 10-room apartment building owned by Mr Moylan on O’Connell Street, Ennis.

Ger Fallon, Assistant Chief Fire Officer, told the court that an inspec tion of the premises was carried out on January 16 (2012).

He explained that the apartments are located on the top two floors of a four storey building on O’Connell Street.

He said that two of the apartments were occupied at the time of the inspection.

The court heard that as of last week, none of the apartments are oc- cupied.

Mr Fallon said the inspection highlighted a number of deficiencies including inadequate means of escape and the placing of cooking facilities adjacent to doors.

Mr Fallon told the court that individual apartments were not fitted with fire alarms while there was no central fire alarm for the apartment block.

He said that both systems are required under fire safety regulations.

Mr Fallon said there was also an issue with items being stored on the stairs. Judge Durcan questioned Mr Fallon a number of times on the precise location of the items.

Mr Fallon said furniture had been left in an area on the ground floor near the stairs. Judge Durcan said he was “not impressed” by Mr Fallon’s evidence in respect of this issue.

Mr Moylan, with an address at Golf Links Road, Ennis was given two months to rectify the outstanding issues.

However the court heard that most of the work had not been carried out when the premises was re-inspected on April 16.

Under cross-examination from so- licitor Marian Petty, Mr Fallon accepted that the building was a concrete structure and that the stairway was not blocked.

Mr Fallon said that the area of the stairs must be free of any flammable material.

Ms Petty said the property is now vacant and that an engineer and architect hired by Mr Moylan have entered negotiations with the fire services.

Judge Durcan adjourned the matter until July 18. He ordered Mr Moylan to agree a schedule of works with the fire services.

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Volvo Race takes tourists to Galway

TOURISTS have been sucked out of North Clare over the last two weeks with the Volvo Ocean Race creating a “vortex” for holiday makers, according to one leading Clare hotelier.

While hundreds of thousands of tourists flocked north to take in the spectacle in Galway, Clare tourism operators were left kicking their heels for two successive weekend and the expected tourists failed to show up.

According to Lahinch hotelier and president of the Irish Hotel Federation, Michael Vaughan, the Volvo Ocean Race was good news for Galway, but very bad news for Clare.

“The year had started okay and May wasn’t so bad but things were very bad in Clare, and North Clare in particular over the last few weeks. The Volvo Ocean Race succeeded in hovering up all the tourists that were coming out west in recent weeks. It was like a vortex for tourists,” he said.

“It was the same when it happened two years ago – it created a very quiet period for tourists in Clare.”

This news comes just weeks after early season positive numbers from the Cliffs of Moher Visitors Experience were overturned by a very poor opening to June. This sudden downturn in the numbers visiting the cliffs was put town to a concentration of both Irish and European tourists travelling to Poland and the Ukraine because of Euro 2012.

This trend has sparked fears that the expected boost to tourism number predicted to take place during the London 2012 Olympics – may not materialise later this year.

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Clare builders buck trend

THERE were 200 per cent more houses and commercial units added to the Clare building stock during the first six months of this year, when compared to the same period in 2011.

As many as 327 new residential and commercial buildings were recorded in Clare for the first six months of 2012, according to new figures released by GeoDirectory.

GeoDirectory was jointly established by An Post and Ordnance Survey Ireland (OSi) to create and manage Ireland’s only complete database of commercial and residential buildings.

The figures represent a year-onyear increase of 200 per cent compared to the same period in 2011 when 109 new buildings were added in the county.

The increase in new building additions in Clare in the first half of 2012 is in contrast to the 23 per cent fall recorded nationally.

The 327 new buildings identi fied in Clare were composed of 295 residential buildings, 29 commercial buildings and the were dual-purpose buildings with both residential and commercial elements. These new additions bring the total number of buildings in Clare to 57, 521.

Of these new buildings 11 per cent remain unoccupied in County Clare compared to 12 per cent nationally.

Across the country, GeoDirectory recorded 5,620 new buildings, consisting of 4,837 residential buildings, 590 commercial buildings and 193 dual-purpose buildings with both residential and commercial compo- nents. The new additions for the first six months of 2012 bring the total number of new buildings in the Republic of Ireland to 1,889,143.

Clare was one of just seven counties to buck the national trend by experiencing an increase in new building additions compared to the same period in 2011.

Commenting on the figures, Dara Keogh, CEO, GeoDirectory, said, “Current figures for new additions represent a 94 per cent decrease from the peak in 2007, when GeoDirectory identified 60,781 new commercial and residential buildings across the country.

The new figures have identified a vacancy rate nationally of 12 per cent for new building additions, which in effect would mean that 9 out of 10 new commercial and residential buildings are occupied.

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Caherconnell school links with NUIG

UP TO 70 students, the majority from America, have been unearthing the historical mysteries of the Burren for the past two years thanks to the Caherconnell Archaeological Field School.

Within the last year the school, which allows students to get involved in the archaeological dig on the Caherconnell fort received academic accreditation from NUI Galway.

The accreditation adds even more academic weight to the course overseen by Irish archaeological heavy weight Dr Michelle Comer.

All of its achievements will be celebrated on Friday evening next when the school is officially opened by Minister for Arts Heritage and the Gaeltacht Jimmy Deenihan.

The family run fort and school has already added significantly to the historical knowledge of the area in the last two years.

Colm Davoren of Caherconnell Archaeological Field School told The Clare People that “education means a lot to the family.” The fort was originally built by the family and “it is our lineage” explained Mr Davoren.

Among the finds the students and their supervisor discovered just a stone’s throw from the school in the fort was a hearth the pre-dates the originally presumed date of the fort.

They also uncovered a footpath to the fort, which is now available for the public to see. The remains of a mystery woman dating back 400 years was also discovered. Her body was defleshed and disarticulated, a practice that should have finished many years previous – adding to the mystery. Mr Davoren said that plans are in place to begin excavating the main fort next year.

Siobhán King from Shannon Development has also pledged her support for the business.

“Caherconnell stone fort is an excellent example of a family-owned business in the heart of the Burren. They have worked over the years to maintain their uniqueness as a product, while at the same diversifying to build on their product offering. The addition of the field school is a fine example of this and is testimony to the enthusiasm, hard work, and innovation of the owners to develop the business as a key tourist attraction within the Burren,” she said.

“There has been an influx of archaeological students who come to Caherconnell to develop their ar- chaeological techniques and to add to their experience in a truly meaningful way.”

Dr Michelle Comber, the archaeological director at Caherconnell and a lecturer of Archaeology at NUIG, said the “field school provides an amazing opportunity for us, as archaeologists, to unearth information on the Irish past, and to pass on our skills to the next generation of archaeologists. The school also allows the local community to share its proud heritage with an international audience – continuing the centuriesold Davoren tradition of providing education in the Burren.”

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Council takes the ‘first step’ to build Ballyalla walking path

CLARE County Council has been urged to consult with landowners requesting their cooperation for a walking path around Ballyalla Lake.

The proposal was put forward at yesterday’s meeting of councillors in the Ennis West Electoral Area.

Cllr Brian Meaney (GP), who put forward the motion, told the meeting that he was not expecting the matter to progress quickly.

Cllr Meaney said, “However, this would be a first step to write to landowners to see if they would be willing to make land available.”

According to Eamon O’Dea, Senior Executive Engineer, a number of issues have to be considered in the context of any development at Ballyalla.

These include funding to compensate private landowners in the area and to construct the walking path. He stated that the majority of land around the lake is in private ownership.

Mr O’Dea added, “Different levels to which the lakes rise at different times of the year would cause difficulties at the exact location of the pathway.”

Cllr Meaney said water level problems could be overcome though the use of elevated walkways.

Cllr Tom McNamara (FF) told the meeting that a great opportunity existed to develop Ballyalla.

He said the project should initially focus on improving footpaths and toilet facilities while a playground should also be considered.

He said that by working alongside a local community group, the council could seek 75 per cent of the project costs through the LEADER programme.

Cllr McNamara added, “Something like this would really lift the area.”

It has previously been proposed that the next Ennis Development Plan contain provision for a land corridor linking Ballyalla with the Lees Road Sports and Amenity Facility.

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Tragic death of popular swimmer

THE funeral will take place in Ennis today of a well-known father of four who died following a tragic accident last week. Ennis man Sean O’Sullivan got into difficulty while swimming at Whitestrand near Spanish Point.

The incident occurred at around 5.30pm on Friday. A lifeguard on duty was asked to check on Mr O’Sullivan’s position in the water. A boat alerted the lifeguard to the presence of a body in the water.

Mr O’Sullivan was brought ashore where attempts were made to resuscitate him.

Mr O’Sullivan was brought by heli- copter to University Hospital Galway where he was later pronounced dead.

He was an experienced swimmer, lifeguard and sub-aqua diver from a well-known and popular sporting Ennis family. He was a long-serving member of the Ennis Sub Aqua Club and worked for many years as a lifeguard. Two of Mr O’Sullivan’s sons, as well as two nephews, currently work as lifeguards in Clare.

Mr O’Sullivan’s family are also well known from their long-time involvement in the Community Games.

Tributes have been paid to a man described as a “fantastic” person and athlete.

A spokeswoman for Clare Commu- nity Games said, “Clare Community Games were shocked and saddened at the sudden death of Sean O’Sullivan on Friday last. Sean was vice chairman of Clare Community Games in 1998 and 1999.

“He was very actively involved in all aspects of the games both at Area and County level. Sean won a Silver medal for Judo at the National Finals in Mosney in 1974. Sean is the son of John and Cecilia, President and Vice President of Clare Community Games,” she continued.

“We extend our sympathy and prayers to all the O’Sullivan family and extended family. Ar deis Dé go raibh a anam.”

Friend and Clare Water Safety Development Officer, Liam Griffin, described the incident as a “terrible tragedy”.

He added, “He was a fantastic fella, a real lovely, lovely fella. He was involved in water safety for a long number of years. He would have been a lifeguard on all the big beaches in Clare. Everyone is numb after what happened.”

Mr O’Sullivan is pre-deceased by his sister Rose. He is survived by his wife Helen and sons Cian, Eoin, Cormac and Donnchadh. He will be sadly missed by his family, extended family and wide circle of friends. Funeral Mass takes place at 11am today at Ennis Cathedral. Burial afterwards in Drumcliffe Cemetery.