Category: News

A COUPLE from North Clare escaped being sent to prison yesterday after undertaking not to interfere with their neighbour’s use of a right of a way.

At Ennis Circuit Court, Joseph Scales of Calluragh, Ennistymon, made an application to have Patrick J Madigan and his wife, Anne Madigan, committed to prison over the breach of a circuit order in relation to the right of way.

Patrick J Madigan admitted in court that he had breached the order regarding the right of way since it was introduced in July 2010.

Mr Madigan claimed that he had been forced to do so in an effort to protect his home from damage caused by the passing of machinery along the right of way.

Judge Moran was told that the dispute between the neighbours has been before the court “countless occasions” over the past number of years.

Garda Colm Collins told the court that on December 3, 2010, he observed Patrick J Madigan and his son, Joe Madigan, step out in front of Mr Scales’ tractor. Gda Collins said that the Madigans gestured to Mr Scales to stop and to go no further.

Sgt Brian Howard told the court that on November 28, 2010, an allegation was made to him regarding the blocking of the right of way.

Gardaí subsequently retrieved CCTV footage of the incident captured by cameras installed by the Madigan’s.

CCTV footage from November 28, 2010, played in court yesterday showed Joe Madigan exiting a door way and then standing in front of Mr Scales’ tractor.

Further footage then showed Mr Scales and Joe Madigan “tussling” and falling on the ground.

Mr Scales told the court that on November 28, 2010, he had gone to feed a pony and foal when he encountered Joe Madigan.

Patrick J Madigan told the court that he had to “take a stand” against Mr Scales’ machinery travelling along the right of way because he feared further damage being caused to his house.

Judge Moran put it to Mr Madigan that even though the court had ruled that Mr Scales was entitled to bring tractor and other machinery up the right of way, Mr Madigan’s stance now was “don’t mind what the court is saying”. Counsel for Mr Scales, Patrick Whyms, told the court that he was “seeking a committal order for the defendants”.

Judge Moran requested that the Madigan’s to take an unconditional and “solemn understanding” not to block the right of way.

Under oath, both Patrick J Madigan and Anne Madigan agreed not to interfere with Mr Scales’ right of way. Judge Moran gave Mr Whyms liberty to re-enter the motion but adjourned the matter of costs. Judge Moran warned the couple that they would be forced to pay costs as well as face other matters, if they breached the order.

THE second highest number of complaints made to the Office of An Coimisinéir Teanga came from Clare, a new report shows.

Of complaints received by Seán Ó Cuirreáin’s office 9.5 per cent came from Clare, compared to 9 per cent in Galway, 6 per cent in Kerry, 4 per cent in Donegal and 3 per cent in Mayo. The highest number of complaints (41 per cent) were made by people in Dublin.

The report looked at the level of service provided through Irish to customers by public service bodies.

The report states that in one instance, “An Coimisinéir Teanga decided, as a result of an investigation, that Iarnród Éireann was in contravention of its statutory duties in relation to certain signage erected in Ennis, County Clare.”

The report explains, “A series of complaints were made to the Office of An Coimisinéir Teanga with regard to various Iarnród Éireann signs, alleging that they were not in compliance with the language requirements in signage legislation. The complaints concerned the signage at train stations, in car parks and at a new level crossing on the western route between Galway and Ennis.”

According to the report, “Based on the case put forward by Iarnród Éireann, An Coimisinéir Teanga considered it likely that these problems with the signage had arisen because of changes that had taken place over the years and because of misunderstandings in relation to the legislation.

“Iarnród Éireann indicated in its reply that ‘the signs included in the investigation are in place for many years’ (translation) and ‘generally the signage at level crossings are in English’ (translation). The investigation did not accept that either of these two arguments could be accepted as an excuse for neglecting to make the necessary corrections.

According to Mr Ó Cuireáin, “This investigation could have been avoided completely and the matter could have been dealt with on an informal basis if the public body had put its position in writing at the start.”

Despite the criticism, one Irish language activist in Ennis has welcomed efforts by Iarnród Éireann to make all signs bilingual.

Announcements on trains are now being made in Irish while upgraded signage has been placed at ticket offices, car parks and buses. The man, who did not wish to be named, said, “Another first for the town. The growing presence of Irish at Ennis station will surely contribute to the sustainability of the language through increased visibility and status.”

A NEW discount store in Shannon, which will employ 12 people, is expected to play a pivotal role in increasing business in the town centre by at least 10 per cent. That’s the prediction of the manager of SkyCourt shopping centre Pat Kelly, who said he is optimistic that Buy Lo will attract huge numbers of shoppers to the centre.

A number of businesses in SkyCourt have closed in recent months including fashion outlet Pink, Roxy Records, Cafe 2000 and Bank of Ireland. Nevertheless Mr Kelly remains optimistic about the future.

“We have 65 units open at the moment. There are 13 or 14 vacant. How many have they vacant in Ennis? 70. In the last two months alone we let a small grocery supermarket, Jen, which does ethnic foods. What I’m finding is that recently we are getting a lot of enquiries about people who are trying to start up businesses,” he said.

“It has been a difficult 12 months. Our footfall figures were only down eight per cent last year, but the spend of the customers wouldn’t be the same,” said Mr Kelly.

“We are weathering the downturn reasonably well and the decision by Buy Lo to locate here gives us great confidence for the remainder of 2011 and beyond,” he said.

Mr Kelly said that the plan to attract anchor tenant Buy Lo – which will open in SkyCourt next week – had been on the cards for the past two years.

“We were working on it for the past two years. We had to go for planning which held it up for a few months and then negotiations and then we had to fit out the store,” said Mr Kelly.

“We’d be hoping with Buy Lo we would get back the figures we had in 2006/2007; that’s about 12 or 13 per cent,” he said.

Buy Lo will occupy 65 per cent of the unit previously held by Tesco. Additional car parking has been created to the back of the premises. The entire unit has been gutted and subdivided. Repairs have been carried out to the roof, while new flooring has been put in place.

“Their [Buy Lo] prices are very reasonable. They are the Irish version of Lidl and Aldi. I’d be very confident that it will bring a lot of people from Ennis and further afield,” said Mr Kelly. “I feel that Buy Lo is going to be a great bonus for us. In the times we are in, it is ideal because it is discount products and that’s what people want,” he said.

THE circumstances surrounding the murder of mother-of-two Sylvia Roche-Kelly in Limerick in 2007 is featured in a new book which will hit the bookshelves later this week.

The case is included in a book written by The Cla re People journalist Emer Connolly. Out On Ba il focuses on crimes committed by people who are on bail, early release or temporary release. It features the human impact of crimes committed by those who are out on bail and contains particular emphasis on a number of specific cases.

Sylvia Roche-Kelly (33) was murdered by Jerry McGrath in a Limerick hotel bedroom in December 2007. McGrath, then aged 23, of Ballywalter, Cashel, County Tipperary, was on bail at the time, for assaulting a female taxi driver in Cavan earlier that year.

Another Clare case to feature in the book is the tragic deaths of teenage girls Lorna Mahoney (13) and Stacey Haugh (16) in a road accident near Carrigaholt in October 2003. David Naughton, who was then a teenager, was later jailed for six years for dangerous driving causing the deaths. However, after he was initially charged in connection with the accident, he was granted bail and disappeared. He was later tracked down in the UK. His decision to flee while on bail had a profound effect on the families of the two young girls, who waited every day for justice.

Among the other cases featured in the book is the vicious rape of a 75year-old widow in Nenagh by a man who was on bail at the time; and the murder of teacher Noel Carmody in Limerick in 2003 by two men – one who was on bail and the other who was unlawfully at large at the time. The murder of Swiss teenager Manuela Riedo in Galway in October 2007 by Gerald Barry is also featured. Barry, of Rosán Glas, Rahoon, Galway, was on bail at the time, having been charged with assaulting his ex-partner. Out On Ba il looks at the bail laws in Ireland and gives a voice to families who speak of the pain and suffering they have experienced, while gardaí involved in investigating such crimes express their frustrations at the system. Out On Ba il is Emer Connolly’s second book. Her first book, Lying Eyes a nd the Hitma n for Hire , was published in 2008. It was based on the story of Sharon Collins from Ennis, who solicited a ‘hitman’ to murder her partner, millionaire businessman PJ Howard, and his sons Robert and Niall. Both books are published by Gill & Macmillan. Out On Ba il will be available in bookshops from Friday.

DETAILS of specific aircraft that anti-war protesters believe have been linked to renditions have been formally handed over to gardaí in Clare.

Anti-war campaigners transported wheelbarrows of material to Shannon Garda Station last Friday morning in an effort to highlight the use of Shannon Airport by military aircraft.

Members of Shannonwatch brought the wheelbarrows – containing photographs and documents relating to the use of Shannon by CIA planes – from the Oakwood Arms Hotel to the local Garda Station, as part of their ongoing efforts to highlight their concerns.

They say that the evidence supports their claims and they are hoping that gardaí will now investigate alleged human rights violations and other possible breaches of international law at Shannon.

Ray Murphy of Amnesty International said there is substantial evidence to suggest that Ireland has played a role in the rendition circuit but that to-date, the gardaí have been either unwilling or unable to conduct searches and inspections.

“We need an effective reporting, verification and control system put in place immediately. The Minister for Justice, Equality and Defence must direct the gardaí to act to ensure Ireland complies with its international legal obligations,” said Mr Murphy.

Former United Nations Humani- tarian Co-ordinator in Iraq, Denis Halliday, emphasised the humanitarian disasters that are a direct result of the wars in Iraq and Afghanistan. “Those who were complicit in these wars, including the Irish government, must be held to account,” he said.

“It is vital that the new Irish government prohibits the transit of belligerent US troops through Shannon Airport immediately, and focuses Irish foreign policy on genuine humanitarian support for victims of violence and natural disasters,” he added.

Shannonwatch is calling on the gardaí to review the evidence presented, and to provide a comprehensive report on the actions that will be taken to ensure Ireland complies with its international legal obligations.

The information presented to gardaí includes a list of aircraft that have at one time or another reportedly been linked to the US renditions programme. These include 20 that have been recorded at Shannon over the last eight years. “Some of these are frequent visitors to the airport,” said a Shannonwatch spokesperson. “And while many of them may not now be in use by CIA rendition crews, the fact that they have not been adequately investigated means that it is still possible for them or other aircraft to be used to commit breaches of international law,” added the spokesman.

THE Clareman caught up in the earthquake and tsunami tragedy in Japan has re-iterated his intention to stay living and working in the country, despite the decision of many other foreign nationals to leave because of nuclear meltdown fears.

Thirty-six-year-old David O’Donoghue from Shannon, who has been in Japan for the past six years was made homeless when a tsunami hit Kamasu City, where he lives and works as a teacher.

“The Irish embassy have been advising practicality in the situation,” O’Donoghue told The Clare People this Monday. “The French jumped the gun in providing two planes last week to get people out, while the international media have been dramatising the situation.

“The situation is that things have become quite upbeat and positive over the pat few days, regarding the reactor situation in Fukushima. There was and remains trepidation and some fear, people are anxious but composed,” he added.

O’Donoghue was teaching when the disaster that destroyed his apartment struck, which rendered him homeless and living with friends until finding alternative accommodation this week.

“I’m back teaching as of last Friday,” he revealed, “but the national school system is off for the time being. We still have no water and won’t have water for three months, that’s the expectation. There’s well water and water supplies have been supplied by the Japanese self-defence forces.

“It has devastated the country in many respects and what the emergency services are doing now is going step by step to repair any damage that there is. Even after only one week the change in my home town is astonishing.

“A lot of the electricity poles and telephone poles that collapsed or were teetering have been put back. They have made huge repairs in one week. There is huge progress being made. Emergency crews have been working non-stop 24 seven,” he added.

CLARE’S reputation as being a seat of education has been illustrated this week by a major national survey of secondary schools that has placed 15 schools in a league table of the top 400 around the country.

The survey, compiled by The Sunday Times shows that Rice College in Ennis is the best school in Clare with, one of the best in Munster and the only Clare school to be ranked among the top 50 in Ireland.

Rice College is now rated the 41st best school in Ireland, with the criteria used to ranking the schools being the rate of progression of students to third evel education.

In this regard the survey revealed, that from 2008 to 2010, 96 per cent of students in the school moved to further their studies at third level, with 68.2 per cent of those going to university. The school is also ranked number seven among secondary schools in Munster outside of Cork schools, while Colaiste Muire in Ennis is rated ninth in Munster and 52nd in Ireland.

The table shows that 90.9 per cent of the Leaving Cert classes from 2008 to 2010 at the all-girls school that’s celebrating its 150th anniversary this year, have gone to third level.

Next on the list from the county are two north Clare schools, Ennistymon CBS that’s rated at 65 (94.6 per cent in third level) and Mary Immaculate Secondary School in Lisdoonvara that’s at 66 (92.7 per cent), which brings to four the number of Clare schools in the top 100.

Three more schools are bracketted in the next hundred: Scoil Mhuire in Ennistymon at 114 (75.5 per cent); St Flannan’s College at 190 (70.8 per cent) and St Joseph’s Secondary Schoool in Tulla at 193 (77.2 per cent).

Other Clare schools in the top 400 are: St Caimin’s Community School in Shannon at 225 (74.1 per cent; St Michael’s Community College, Kilmihil at 260 (77.2 per cent); Scariff Community College at 234 (72.8 per cent); St John Bosco Community College, Kildysart at 299 (64.9 per cent); St Joseph’s Secondary School, Miltown at 312 (86.1 per cent); Ennis Community College at 235 (67.8 per cent); Kilrush Community School at 344 (64.1 per cent) and St Joseph’s Community College, Kilkee at 387 (65.1 per cent).

TWENTY Green Flags have been awarded to schools throughout Clare by An Taisce under the internationally recognised Green Schools initiative that’s run in conjunction with local authorities throughout the country.

Seven schools were presented with their very first Green Flag on Tuesday namely: Caherea National School; Convent Primary School in Killaloe; Gaelscoil Ui Choimin Cill Rois; Lahinch National School; Quilty National School; Scoil Mhuire in Corofin; and St Senan’s Primary School in Kilrush.

As well as this 13 more schools renewed their Green Flag including Ballyvaughan National School; Carrigaholt National School; Cross National School; Killaloe Boys National School; Knockanean National School; Knockerra National School; Parteen National School; Scariff Community College; Shragh National School; St Augustine’s National School. in Kilshanny; St John’s National School in Cratloe; St Mochulla’s National School in Tulla and St. Tola’s National School in Shannon.

Mayor of Clare, Cllr Christy Curtin acknowledged the schools saying “I am delighted that the Green Schools Programme is such a success in Clare with 79 schools having attained the Green Flag. It is estimated that this amounts to a staggering cost saving of € 182,040.19 for Clare schools, and this is a conservative estimate. Congratulations to all the Clare schools who are flying their brand new Green Flags outside their schools, you should be very proud indeed.”

“In a recent report by An Taisce, participating schools in Clare have in 2010 diverted waste from landfill of over 70 tonnes, reduced energy consumption by 178,560 kilowatt hours, cut water consumption by over 10 million litres and reduced CO2 emissions by nearly 180 tonnes. Schools have done Trojan work and should be highly commended,” said Clare County Council’s Environmental Awareness Officer Joan Tarmey.

“The work that the An Taisce staff are putting in is helping schools to develop the Green Schools programme. A big thank you goes out to each of them for their hard work.” A number of An Taisce staff are currently working with Clare schools including GS Travel Officer, Roisin Ni Ghairbhith and two Development Officers, Sean Hartigan and Graham Clarke,” she added.

TUBBER BASED publican, Gerry Finnerty, was last week named on the latest list of tax defaulter published by the Revenue Commission.

A judgement was made against Mr Finnerty, who serves as the local representative for Gort on Galway County Council, for just over € 71,000 – € 49,000 in tax and a further € 22,000 in penalties arising.

The Fianna Fáil councillor has been touted as a possible general election candidate in the run up to this years general election but did not succeed in winning a place on the parties ticket in Galway East. The Clare People contacted Cllr Finnerty yesterday but he declined to comment on the findings of the revenue commission.

In total, the Revenue Commission reported seven findings made against six individuals in Clare under a variety of different tax related offenses.

The largest fines were handed out to Patrick McMcGonigle from Cratloe who has been fines € 10,000 – € 5,000 for the sale or delivery of counterfeit spirits and € 5,000 for the sale or delivery of counterfeit cigarettes.

Anthony Carey from O’Callaghan’s Mills received the next highest fine of € 2,750. Patrick Baxter from Killaloe was fined € 2,000 while John Moloney from Clonlara and Patrick Costello from Sixmilebridge were fined € 1,250.

Derek Logue of the Bellbridge Hotel in Spanish Point was also fined € 800 for not having an up to date liqueur licence.

THE head of the Clare Garda Division has pledged to set up Neighbourhood Watch and Community Alert Schemes in every pocket of the county.

These programmes, along with Business Watch schemes, are springing up all over the county and Chief Superintendent John Kerin is promising to continue to expand the initiative.

Currently there are 47 Neighbourhood Watch schemes in Clare, 11 of which were established last year. There are 37 Community Alert schemes in the county, two of which were set up last year, while two new schemes are currently being established. There are nine Business Watch schemes in Clare, five of which were set up in 2010. Two new schemes are in the process of being set up. Gardaí are also involved in a Hospital Watch scheme in Ennis. The aim under the schemes is that neighbouring families and neighbouring businesses link up with each other in an effort to prevent crime.

“Our ideal objective would be to have a Community Alert scheme in every rural part of the county and to have a Neighbourhood Watch scheme in every town and several in bigger towns. That would be our hope and our ambition. Two and three parish- es have joined in some areas,” said Chief Superintendent Kerin.

“It is one of my objectives to have as many Community Alert, Neighbourhood Watch and Business Watch schemes as possible in the county. They are crime prevention and crime solving measures. They are our eyes and ears as resources dwindle in the coming years,” he added.

“Right across the county, it is essential to have schemes like this. It is amazing the amount of crime solved in the past couple of months by people ringing in to the Garda stations. There can’t be a garda on every street corner. A lot can be prevented by vigilance,” he said.

Two Business Watch schemes were set up in Shannon last year, in an effort to curb the theft of machinery from various businesses. Businesses in the industrial estate got involved in the schemes and are working well together. “More than 120 businesses are involved. They have been very successful,” he said.

“There has been an escalation in the theft of copper and lead throughout Ireland. There was a huge escalation in the theft of home heating oil and arrests have been made,” he added.

“It is all about people keeping an eye out for each other. It’s amazing how people can help us and help themselves and help their communities,” he said.