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Free entry to Walled Garden for 2012

PLANS to development a major new visitor attraction at the Vandeleur Walled Garden in Kilrush has now gone to “part-eight planning”, Kilrush Town Council has revealed.

The move comes only five months after ambitious plans for a redevelopment of the visitor facility on the old landlord estate were unveiled by Clare Council architect Ruth Hurley at a meeting of Kilrush Town Council that took place at the Vandeleur Walled Garden.

The news was relayed to members of the local authority on Thursday night, in tandem with a confirmation that Kilrush Amenity Trust which oversees the management of the Vandeleur Walled Garden has voted to allowed free access to visitors for the rest of the year.

Plans to develop enhanced visitor facilities at the Walled Garden, which was opened to the public in 2001, hinge on a successful application to the Clare Local Development Company for Leader funding.

“An application has made to Leader to seek funding,” said Town Clerk, John Corry, “and it is something that we’re excited about as we’re hopeful that our application to Leader for funding will be successful,” he added.

“We have to a little bit of work on the theme of the project,” said Town Manager, Nora Kaye. “We got an informal response from Leader that we have to develop the theme of what we’re trying to do at the Vandeleur Garden. Leader need to see the planning application before they can consider funding,” she added.

“They are very exciting plans and every effort should be made to secure the funding”, said Cllr Liam Williams (FG), who as a member of Kilrush Amenity Trust proposed that free access be given to visitors to the Vandeleur Walled Garden for the rest of 2012.

“We had free entry into the Vandeleur Garden last August and it proved very successful in what ever money we lost from ticket sales, we generated extra money in sales in the coffee shop,” revealed Town Clerk, John Corry.

“It was decided by the board to extend the option during the off-season, when traditionally the numbers of visitors to the facility would have been minimal and then at our meeting in March it was decided to offer free entry to the Garden until the end of the year.

“You are losing out on ticket sales but the wider picture is that you are providing access to the facility and we’re hoping that the people visiting will bring along friends and neighbours and will spend money at the centre. We will take it on a trial basis until the end of the year to see how it progresses,” he added.

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Dub tells English ambulance driver ‘to f*** off home’

A MAN smashed an ambulance and insulted paramedics in protest at the location of a temporary exit from Ennis General Hospital last year, a court has heard.

Paul Daly (50), with an address at 41 Sandfield Centre, Ennis appeared at Ennis District Court charged with public order and criminal damage offences.

Mr Daly was charged with engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace and causing damage to an ambulance and jeep, both belonging to the Health Services Executive (HSE).

The charges relate to an incident that occurred yards from Ennis General Hospital on Sandfield Road in Ennis on October 23 (2011).

Linda O’Rourke, advanced paramedic in Ennis Ambulance Station, told the court that she was working as a sole responder on the night in question.

She said the services received an urgent call to respond to a patient who was lying on the footpath on Sandfield Road.

Ms O’Rourke explained that after the ambulance had left with the patient, she started to compile a report on the incident.

As she did this, Ms O’Rourke said, she heard shouting and banging on the jeep.

She said she then saw a man kick the side of the jeep. She added, “I got such fright, I dropped everything.”

Ms O’Rourke called for the gardaí and also for the ambulance to return to the scene.

Alan Massey, a paramedic in the ambulance services in Ennis, said that when arrived back on Sandfield Road, he heard three loud bangs on the side of the ambulance.

He said, “I could see a gentleman in the road just about to kick the vehicle.”

Mr Massey said he was forced to restrain Mr Daly “for his own safety” after he tried to punch him.

He added, “He called me an English c*** and to f*** off home or I’ll kill you.”

In court, Mr Daly denied trying to punch Mr Massey and denied using those words against him.

Tom Casey, Fleet Manager with the HSE West, told the court that € 1,100 worth of damage was caused to the jeep while € 500 worth of damage was caused to ambulance.

Garda Marguerite Wright told the court that Mr Daly behaved “ex- tremely aggressively” towards Mr Massey. She said that Mr Daly fully cooperated with gardaí.

Solicitor Daragh Hassett told the court that his client had made a number of complaints to gardaí regarding an exit on Sandfield Road that had been in use during recent construction work at the hospital.

The court heard that Mr Daly, who is originally from Dublin, moved to Clare six years ago. He admitted in court to banging and kicking the vehicles.

He said he had been very frustrated over the exit and the noise generated by construction work at the hospital at night.

Mr Daly added, “I snapped just enough to go out and have a go at them.”

The court heard that Mr Daly has 18 previous convictions, mainly for public order offences.

Mr Hassett said his client was a complex individual who would benefit from involvement with the probation and welfare services.

He said HSE staff should not have to deal with that level of abuse.

In convicting Mr Daly, Judge Patrick Durcan said the paramedics had been doing their jobs when they were “set upon, abused and put, I imagine, in fear of their lives.”

He said Mr Daly had referred to Mr Massey in the most unbecoming of terms.

He described the comments as some of the “most appalling” he has heard during his time on the bench.

Judge Durcan ordered Mr Daly to engage with the probation and welfare services. He adjourned sentencing until May 9.

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‘Cock and bull’ story on laptop

A MAN’S explanation for how he came to possess a stolen laptop in Ennis was described in court last week as a “cock and bull story”.

At Ennis District Court on Thursday, Shane Constable (23), with an address at 24 Toormore, Ruan, was convicted of handling a stolen Sony laptop valued at € 600, knowing that the property was stolen or being reckless as to whether it was stolen.

Detective Garda Kieran Kelleher told the court that he carried out a search under warrant of 24 Toormore, Ruan on January 7 (2012). He said he found the laptop on the floor of the accused’s bedroom.

Detective Kelleher said that Mr Constable told him that he bought the computer “off a retard in Ennis for € 100”.

Detective Kelleher told the court the laptop had been stolen from a Polish woman in Ennis.

He said he arrested Mr Constable on January 16. Mr Constable told the court that he bought the laptop from a red-haired man in Ennis who needed money to pay his rent. He said he was told the laptop was

for sale by a group of people he met in the riverwalk area of Ennis. He said he did not know any of the people in question.

Mr Constable said that he did not tell Detective Kelleher that he bought the laptop off a “retard”.

Inspector Tom Kennedy told the court that Mr Constable had struck up a conversation about buying a laptop with a group of people he did not know.

He described this version of events as a “cock and bull story”.

Speaking to Mr Constable, Insp Kennedy said;

“What you are saying is nothing short of incredible.”

The court heard that the accused previously paid € 599 for a new laptop.

Judge Patrick Durcan said the issue in this case was whether or not the accused was reckless as to whether the property was stolen.

He said the fact that Mr Constable knew the value of a new laptop indicated that he was “reckless in the extreme” when he purchased the stolen item.

He said, “Dealing recklessly is an attack on every retailer.”

He fined Mr Constable € 500 and gave him six months to pay. Recognances were fixed in the event of an appeal.

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Eagle-eyed local helps gardaí identify thief from Tubber church

THE actions of a keen eyed resident helped Gardaí apprehend a man who made off with € 104 from Tubber church earlier this year, a court has heard.

At Ennis District Court on Wednesday, William Delaney (37) with an address at 38 Fana Glas, Ballybane, pleaded guilty to stealing € 104 worth of coins, property of Fr Brian Geoghan, from Tubber church on February 15.

Inspector Tom Kennedy told the court that Mr Delaney, a father of four, was seen by a resident entering the church and leaving again within a couple of minutes.

He said this person then contacted Fr Geoghan who discovered that the church candelabra were empty.

Insp Kennedy added, “Luckily the witness who was watching this took the number of the vehicle and contacted the guards.”

The court heard that the accused was later stopped in Gort where gardaí found the coins concealed in the ashtray of his car.

Insp Kennedy said he told gardaí that he went to the church to light a candle. Mr Delaney said he saw the money in a plastic tray and took it.

He said the accused has one previous conviction for a road traffic offence. Solicitor Daragh Hassett said his client had been traveling back to Galway from Limerick when he stopped at Tubber.

He said Mr Delaney could offer no reason for taking the money other than “stupidity.”

Mr Hassett added, “As someone who goes to church on a regular basis, he believes he will be judged by his maker.”

Mr Hassett said the alertness of the person in making gardai aware of the theft was a good sign for rural communities. He added, “Thankfully neighbourhood watch is alive and well in Tubber.”

Judge Patrick Durcan said he had to balance the accused’s early plea and relatively clear record against the nature of the offence, which he described as “mean and miserly.” He added; “This type of offence attacks the whole social fabric of the country.”

Judge Durcan imposed a € 500 fine with two months to pay. Recognances were fixed in the event of an appeal.

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‘Senseless zoning’ in Ennis

CLARE planning is in the dock this week after the county capital of Ennis has been held up by heritage watchdog, An Taisce, as being “an example of some of the most senseless zoning excesses of the ‘Celtic Tiger’ era”.

This damning indictment has been delivered in an Taisce’s hard-hitting annual report, ‘ State of the Nation – A Review of Ireland’s Planning Sys- tem 2000-2011’ that was published on Monday.

Ennis and wider Clare have been singled out for special mention in the 45-page report that turns the microscope on 32 planning authorities throughout the country.

Clare has been ranked 23rd out of the 32, the planning in Ennis coming in for special mention because of a range of decisions that were made during the 11-year timeframe covered by the report.

“Clare was the most over-zoned county in the State with 3,208 hectares allowing for an overall additional population of 273,000,” the report says, while noting that between 30 per cent and 50 per cent of all planning decisions in the county was for one-off housing in unzoned land.

In Ennis, An Taisce have said that “almost 4,500 acres of land was zoned for development, sufficient to increase the population of the town from 26,000 people to over 100,000”.

And in turning the microscope on Clare, An Taisce mentions one high profile planning case – the 48 acres of zoned land sold by Clarecastle man JJ McCabe to a Galway developer for € 18.8m that was subsequently re fused planning permission because it was located on a flood plain.

“Despite the fact that Ennis was one of the worst affected areas by flooding in 2009, and that the town only needed a maximum of 175 acres, the Department of the Environment encountered significant difficulties from local councillors in seeking to get this land de-zoned,” said An Taisce.

Commenting on the report, Clare County Council has said that “through its Clare County Development Plan 2011-2017, was one of the first local authorities in the country to adopt a ‘Core Strategy’ as required under the Planning & Development (Amendment) Act 2010”.

And the council has also stated that as part of local area plans in east, north, south, west Clare and Shannon “hundreds of hectares of lands previously zoned for residential use have been dezoned”.

“In addition, in 2011 Ennis Town Council and Clare County Council adopted variation No. 2 of the Ennis & Environs Development Plan 2008-2014 to introduce a phasing of zoned lands to bring the amount of zoned land in Ennis fully in line with agreed national and regional population targets for Ennis”. Tue17April12

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DPP yet to act on alleged incidents at Holy Family

CONCERN has been expressed over the length of time it is taking the Director of Public Prosecutions (DPP) to issue directions for three people charged in relation to alleged incidents at a primary school in Ennis last month.

Conor Mahon (21), Rose Mahon (22) and Laura Molloy (21) are charged with alleged offences arising out of alleged incidents at the Holy Family Junior School, Station Road, Ennis on March 20.

Conor Mahon, of Ballaghboy, Quin Road, Ennis, is charged with possession of a slash hook at the school contrary to the firearms and offensive weapons act and with engaging in threatening and, or, abusive behaviour.

Conor Mahon’s wife, Rose Mahon, a mother of two, also of Ballaghboy Quin Road, Ennis, is charged with causing € 1,500 worth of damage to the windows of a vehicle belonging to Thomas Sherlock on Station Road.

Her sister, Laura Molloy, of 21 An Pairc, Bruach na hAbhainn, Ennis, is also charged with causing € 1,500 worth of damage to the windows of a vehicle belonging to Thomas Sherlock on Station Road.

Both sisters are also charged with provoking a breach of the peace.

At Ennis District Court last week, Inspector Tom Kennedy said there is a “difficult set of circumstances” surrounding the case.

He added, “There is an extensive file being prepared for the DPP.” Judge Patrick Durcan had previously granted further time DPP’s directions.

Solicitor Daragh Hassett said that in previously opposing bail for his clients, the State had come to court with “great fanfare” and alleged “detailed evidence.”

He continued, “It now appears two weeks later that nothing has happened. I will consent to the minimum adjournment.”

Judge Patrick Durcan said, “I am noting your concerns.

“I don’t like matters that drag on indefinitely.”

He adjourned the matter until May 9 for DPP’s directions.

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Cannabis cultivation for personal use

DRUGS charges against a long-term cancer sufferer are likely to be struck out if she does not come to the attention of gardaí over the next six months, a court has heard.

Jacquelene Corris (40) appeared at Ennis District Court on Wednesday.

Ms Corris, with an address at 4 Connolly Villas, Ennis, previously pleaded guilty to cultivating, without license, 13 cannabis plants. She was also charged with unlawful possession of cannabis

The plants, with an estimated value of € 5,200, were found during a garda search of 4 Connolly Villas on October 24, 2011.

The court previously heard that Ms Corris, who has suffered from cancer since her teens, could only get relief from the condition by taking cannabis.

A judge had earlier ordered a report from the probation and welfare services.

That report was handed into Judge Patrick Durcan at Ennis District Court Court last week.

Her solicitor Joe Chambers said the report had been very favourable towards his client.

He said Ms Corris, who has no previous convictions, had fully co-operated with gardaí during the investigation and had offered an early plea.

He added, “It is accepted by the State that she is not part of any criminal network.”

Mr Chambers said the incident had been a salutatory lesson for his client. He added;

“There is a strong likelihood that she will not re-offend.”

Judge Durcan said, “The report is very positive and one must compliment Ms Corris on the efforts she has made to remedy the situation.”

Noting her early plea and good record, he added, “She was not part of a ring.

“What was grown and cultivated was for personal use.”

He remanded Ms Corris on continuing bail to appear at Ennis District Court on October 10.

He said that if no further matters arose in the next six months, he would strike out the charges.

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Bail on deception charge

A SHANNON woman has appeared in court on charges of deception and possession of a stolen cheque.

Amy Tracey (20) with an address at 65 Inis Eagla, Shannon, appeared at Ennis District Court last Wednesday. It is alleged that at AIB Shannon on December 15 (2010) Ms Tracy did dishonestly by deception induce an AIB bank official to lodge a cheque to her account with intent of making a gain.

It is also alleged that on the same date at Rineanna, Shannon, Ms Tracey did without lawful excuse possess a stolen Bank of Ireland cheque worth € 6966.

Detective Paul Coleman told the court that he arrested the accused in Ennis on April 10 (2012). He said Ms Harty was conveyed to Ennis Garda Station where she was cautioned and charged. Detective Coleman said the accused made no reply to either charge after caution.

Inspector Tom Kennedy said the Director of Public Prosecutions (DPP) has directed summary disposal of the matter on a plea of guilty only. After hearing a summary of the alleged facts, Judge Patrick Durcan refused jurisdiction. He remanded the accused on continuing bail to appear at Ennis District Court on May 16 for DPP’s consent and service of Book of Evidence.

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Parents to be surveyed on school change

HUNDREDS of parents of young children in the Shannon town area are to be surveyed to determine what kind of education they would like for their children.

Shannon was the only part of Clare mentioned in the Forum on Patronage and Pluralism in the Primary Sector Report, which identified it as an area that required immediate action. If the findings of the report are carried out, it will see one of the town’s five primary schools being transformed into a multi-denominational school.

Shannon already contains one Gaelscoil and one Church of Ireland school as well as a number of other national schools. It is, at present, unclear which of the town’s national schools will be asked to change its patron should the recommendations of the report be followed through on.

The possible changes in Shannon are the first step in a series of steps advocated by the Forum on Patronage and Pluralism in the Primary Sector Report. Other changes could see changes brought into some of the counties’ rural schools that will remain under the patronage of the Catholic Church.

The report recommends promoting more inclusiveness in all schools, but especially in standalone, rural schools – where divesting patronage to another body is not an option. The majority of Clare schools has been identified as standalone schools because the nearest alternative school is more than 3km away.

The report recommends that the school boards of these schools are given the responsibility to uphold the rights of children and parents with regard to own religious education regardless of their faith.

It has also been recommended that the law be changed to prevent a child from a certain faith being given a preferential position when applying to enter the school. The Clare People contacted each of the five primary school in the Shannon area in relation to this story but no official was forthcoming from any of the schools at the time of going to press.

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Judge notes guilty plea and clean drugs record

A MAN has pleaded guilty to having 59 ecstasy tablets outside an apartment block in Ennis last year.

At Ennis District Court on Thursday, David Cooley (25), with an address at 20 Rathbawn Tulla Road, Ennis pleaded guilty to possession of ecstasy and having the drugs for sale or supply at Mill House Apartments on January 23 (2011).

Detective Gary Stack told the court that gardaí had obtained a warrant to search the apartment when they observed Mr Cooley exiting the building. Inspector Tom Kennedy said that the accused admitted selling the drugs to friends.

The court heard Mr Cooley has a previous conviction for a road traffic matter but none for drugs offences.

Solicitor John Casey said his client is no longer involved in drug dealing. He told the court that Mr Cooley previously worked as a stonemason and is actively looking for work.

He said Mr Cooley had cooperated fully with gardaí. Mr Casey added, “It gave him a good shock.”

He said Mr Cooley’s partner is currently expecting a child. Mr Casey asked the court not to impose a custodial sentence.

Referring to the nature of the offence Judge Patrick Durcan said, “His retail activity was probably doing a lot of damage to a lot of people.”

He noted Mr Cooley’s plea of guilty and clean record in relation to drugs.

Judge Durcan adjourned the matter until November 28. He granted liberty to the state to re-enter the case at 24 hours notice.