Category: News

A MOTHER of two felt like a “prisoner” in her own home because of years of harassment from her neighbour in Baref eld, a court heard. Patrizia Crowley was giving evidence on the fourth day of the trial of married couple Ann (64) and Martin (67) McLoughlin, at Ennis Circuit Criminal Court.

Recalling an alleged encounter with Ann McLoughlin at the Crow ley’s home at Creggard Baref eld on Febraury 14, 2012, Ms Crowley told the jury, “I got an awful pain in my chest and my legs were like jelly”, following something allegedly said by Ms McLoughlin, which she de nies saying.

Asked by Counsel for the Director of Public Prosecutions (DPP), Ste phen Coughlan, how all of this made her feel, Ms Crowley said she was “constantly terrif ed”. “I feel like a prisoner in my own home”.

Ann McLoughlin, with an address at Ballymaconna, Baref eld, was ac quitted by a jury last week of harass ing Raymond Crowley and Patrizia Crowley at their home in Baref eld on dates unknown between October, 2006 and March, 2012.

Ms Crowley outlined to the jury a number of encounters she had with Martin McLoughlin between 2004 and 2012.

Ms Crowley told the court she and her husband decided to move to Bar ef eld to be close to her father follow ing the death of her mother.

Ms Crowley said she f rst met Martin McLoughlin when she and her husband visited the site in Creg gard in 2004. She told the jury Mr McLoughlin told the couple not to buy the site because it was a bad site.

In October 2006, Ms Crowley said a black pipe was broken when a dig ger opened an entrance to the site. She said Martin McLoughlin came over and started “ranting and rav ing”, telling her husband that was strike one and he would be sorry. “I had my three and a half year-old son with me. I felt very uncomforta ble, intimidated”, she said. Ms Crowley recalled an encoun ter on March 19, 2010 when Mr McLoughlin threatened to kill her husband. She told the jury she was sitting in a car with her children about three feet away when Mr McLoughlin told Ray Crowley, “I will get my lads to beat the s*** out of you and bury you in the wall”. Ms Crowley told Mr Coughlan that after seeking legal advice, the couple decided to install CCTV and log all encounters with the McLoughlins in a diary. Ms Crowley said she thought Mr McLoughlin was going to drive his tractor into her car as she exited the area in June 2011.

She said she was in her car at the narrowest point on a rural road when Mr McLoughlin’s tractor came to wards her. “He sat in his tractor laughing at me”, she said.

“My legs were shaking. I had an awful pain in my chest. I could hard ly breathe”, she added.

In July 2011, Ms Crowley said she was at home with her two children when she saw Mr McLoughlin wear ing a baseball cap and a scarf around his face, walking near the boundary of the Crowley’s property.

“He was leaning in over the wall…I thought he was going to come in and kill us”, she recalled to the jury.

She gave evidence of other occa sions of being at home when her husband was at work and Mr McLough lin would be around the property staring in and making “groaning and grunting” noises. “I’m terrif ed for myself, my family and my kids”, she added. She said, “I won’t go outside the door and walk around the garden unless Raymond is with me. I am too terrif ed. If I have to go see my neighbours straight across the road, I will drive across the road.” Ms Crowley recalled how on Sep tember 13, 2011, she had just returned from the school run when she saw Mr McLoughlin coming down the road ahead of her. She said she pulled her car to the side of the road to let him pass. She said the accused put his f st up towards her as he passed. Asked what effect this had on her, Ms Crowley told the jury, “I had an awful pain in my chest. I could hadly breathe”. Ms Crowley continued, “I only moved to Baref eld for the quiet life and the peace and I never got it”. Martin McLoughlin, a retired of f cer with the Department of Agri culture with an address at Ballyma conna, Baref eld, was found guilty of harassing Raymond and Patrizia Crowley at Cregarrd Baref eld on dates unknown between October 20006 and March 2012. On Friday, the jury also found him guilty of threatening to kill Raymond Crowley at his home on March 19, 2010. He was acquitted of making another threat to kill Mr Crowley on September 24, 2011. However the jury found him guilty of causing criminal damage to trees and hedges belonging to the Crow leys on September 24, 2011. Mr McLoughlin, a father of sev en, was remanded on bail to appear again in court on January 12, 2015.

A LIMERICK man who suffered a psychotic episode aboard an Aer Lingus f ight that was diverted to Shannon has had the charge struck out against him. No criminal conviction will be recorded against Blaine Lenihan (22).

Mr Lenihan, with an address at Puckane, Murroe, Limerick plead ed guilty in October to engaging in behaviour with intent to provoke a breach of the peace on an Aer Lin gus f ight on June 8, 2014, contrary to the Air Transport and Navigation Act.

Blaine Lenihan (22), had to be re strained after becoming abusive to cabin crew and his brother during the f ight on June 8.

Inspector Tom Kennedy told the court gardaí in Shannon received a report that a passenger had to be restrained during a f ight from New York.

The court heard staff were forced to intervene after Mr Lenihan became “uncooperative” and “abusive”.

Despite efforts of cabin and crew to restrain the accused, the f ight, which was carrying 173 passengers, was forced to divert to Shannon at 5.45am.

Mr Lenihan has no previous con victions.

Defence solicitor John Casey said his client travelled to American to meet friends staying there on J1 vi sas.

“He took some form of drug and that led to a psychotic episode”, Mr Casey explained.

He told the court Mr Lenihan’s be haviour in America became totally irrational.

The court heard Mr Lenihan was arrested and spent three days in county jail. Mr Casey his client’s family were seriously concerned for his well be ing.

He said Mr Lenihan’s brother f ew to America to bring him home for treatment.

The court heard when Mr Lenihan returned to Ireland he was detained under the mental health act for six weeks.

Judge Patrick Durcan asked the ac cused to write a letter of apology to the captain and crew.

He said if Mr Lenihan also paid a sum of € 500 to the court box, he would consider dealing with the case in a manner that wouldn’t affect the accused’s good record.

Mr Lenihan was remanded on bail to appear again at Ennis District Court on November 19.

On Wednesday, Mr Casey told the court his client had written the let ters of apology and had the € 500 with him in court.

Judge Durcan said, “I strike it out on that basis”.

WOMEN deacons will not be introduced this year, and cannot be introduced until a new Bishop of Killaloe is ordained.

The outgoing bishop – Archbishop Kieran O’Reilly SMA- had suspended the introduction of any deacons to the diocese following a public objection by parishioners and some priests to a men only advertisement for the role.

At the weekend the local Catholic bishop was announced as the successor to Archbishop of Cashel and Emly Dermot Clifford, and will continue in an administrative type role only in Killaloe during the coming months until he off cially takes over his new post in Thurles.

An administrator will then take over the running of the diocese of Killaloe until a new bishop is ordained. Communications Off cer with the diocese Fr Brendan Quinlivan said that the process is all clearly set out in Cannon Law.

“Any internal work that has already started will continue, but the administrator does not make any innovations that would be binding on the incoming bishop,” he said.

Archbishop O’Reilly is expected to be installed as Archbishop of Cashel and Emly in February.

Newly appointed Archbishop Kieran O’Reilly said he f rst heard of his appointment to the Dioscese of Cashel and Emly on Monday last week when the Papal Nuncio asked to meet with him.

“The moment the nuncio asked me it knocked me for six. It is not something you expect to happen. It is a bit like something has been taken away from you, something you had become very assured with and that you were working with and it takes a bit of getting use to,” he said.

The outgoing Bishop of Killaloe said that the next few weeks will be about letting go as he takes up an administer role in the diocese until his installation.

Adding that he was looking forward to serving the people of his new dioceses he said there is much he will miss about his f rst ever diocese. “In that time I have been privileged to work and serve with a deeply committed group of priests and people. I have encountered so many people with a great love for Jesus Christ and commitment for the life of the Church.

“I will always treasure the personal friendships I have made and give thanks to God for the support I have received here in the Diocese of Killaloe.

“I pledge to keep all of you in my prayers and gently request that you might do the same for me as I take up this new appointment,” he said.

The Cork native was ordained Bishop of Killaloe in August 2010 following the retirment of Bishop Willie Walsh.

Born in Cork city on August 8, 1952 he was the eldest of f ve children born to Seán and Theresa O’Reilly.

He was educated at the Presentation Brothers, Scoil Chríost Rí, Turner’s Cross and Coláiste Chríost Rí, Cork before joining the Society of African Missions in Wilton, Cork in 1970.

Bishop O’Reilly received a Bachelor of Arts Degree from St Patrick’s College, Maynooth in 1974 followed by a Bachelor of Divinity in 1977 and a Diploma in Mission Studies in 1978.

He was appointed Vicar General of the Society of African Missions from 1995 to 2001 and elected as the 11th Superior General of the Society of African Missions from 2001 to 2007.

He was re-elected to that position in 2007, before being appointed bishop elect by Pope Benedict XVI on May 2010. Meanwhile the search to f ll the vacancy in Killaole will now begin. Filling the role could take months or even years, as was the case in Limerick.

There are currently four diocese without bishops.

The Papal Nuncio will begin the search for possible contenders to f ll the top job in Killaloe, by contacting parish groups, schools and other interested bodies. He will then send a list of the most qualif ed, which could include some names he suggests to the Congregation of Bishops in Rome. The bishops will propose three names to the pope with a preferred candidate indicated, and Pope Francis will make the f nal decision, with an option of appointing someone not recommended by the bishops. Three names expected to be among the nominees are the three priests nominated over four years ago when Bishop O’Reilly was appointed – Fr Tom Hogan, Fr Des Hillery, and Fr Albert McDonnell. However an informed punt would back an outsider, as all bishops appointed in the last number of years have been appointed from outside their own diocese. Then, Bishop O’Reilly was the f rst priest from outside the diocese to f ll the position in over 200 years.

A FORMER factory worker who pleaded guilty to possession of child pornography at his home in Ennis has avoided an immediate prison sentence.

The 49-year-old father of one pleaded guilty in March to possession of f ve images and 43 movies of child

PET OWNERS in North Clare have been warned to lock up their dogs, with local farmers threatening to shoot trespassing animals on sight.

This warning comes in the wake of a series of vicious attacks on farm animals in the Tubber area which has left a number of sheep and cattle dead or injured.

Clare dog warden, Frankie Coote, has warned pet owners in the Tubber and Boston areas to keep their ani- mals under control, with a number of farmers in the area coming together to protect their livestock.

“There has been a series of attacks on livestock in the Tubber area, the area has become a blackspot for dog attacks.

“The attacks are mostly on sheep, but the dogs will attack cows and horses as well.

“If the dogs bite a cow on its udder, it can bleed to death, and it’s very painful for the animal,” said Mr Coote.

“Two or three farmers have come together in the Tubber area and they will shoot animals who come onto their land.

“Normally, farmers cannot shoot dogs on their property unless they are actually attacking their animals at the time – but, if there is a history of dog attacks in an area they are legally entitled to do this.

“We would urge pet owners in the Tubber area to keep their animals under control.”

Meanwhile, farmers and pet owners in the Fountain on the outskirts of Ennis have been warned to be vig- ilant following a savage attack on a herd of sheep in the area last week. The attack saw three sheep being killed while a further three had to be put down afterwards.

According to Mr Coote, pet owners need to be extra vigilant, especially in certain weather conditions which can make make dogs act out of character.

“In my experience, the weather can be an issue and dogs are more likely to attack after a strong wind. Full moons also seem to be an issue for a lot of dogs,” he said.

CLARE councillors will attempt to block the transfer of the county’s water infrastructure to Irish Water. This news comes in the wake of the revelation that Clare County Council, and not Irish Water, are still the legal owners of the vast majority of the county’s multi-million euro water infrastructure.

Shannon Cllr Gerry Flynn (IND), who proposed a motion to abolish Irish Water at this months meeting of the local authority, says he will investigate ways to prevent the transfer of the water assets, and may bring forward a new motion at next months meeting of Clare County Council.

The revelation came to light following a motion about the Castlecrine Reservoir discussed at the November meeting of the Killaloe Municipal District.

“This is a big revelation and the transfer of assets to Irish Water is something that we were particularly interested in.

“I will be investigating the situation and if there is something that could be done about this transfer I will bring it forward,” said Cllr Flynn.

The council’s ownership of the wa- ter infrastructure came to light following a motion put forward by Cllr Alan O’Callaghan about the status of the approach road to the Sixmilebridge reservoir.

Responding to questions, a council spokesperson conf rmed that the Castlecrine reservoir was still legally the property of Clare County Council – before going on to conf rm that all the major water infrastructure in Clare is still owned by the local authority.

Speaking on the motion, Cllr Pat Hayes (FF) said he was “astonished” that Clare County Council still owned the water infrastructure.

“I’m kind of astonished to be honest, to learn that the handover [to Irish Water] will happen in the future. Over € 1m is being spent down in Killaloe. Have Irish Water been given control of certain reservoirs but not others? There is a lot of money being spent.

“How can Irish Water be spending money is areas that they don’t own? Who is spending the money?” he said.

The council spokesperson conf rmed that money currently being spent on water and sewage projects is being spent by Clare County Council, on behalf of Irish Water.

A NEWLY-appointed High Court Judge has said time spent staying in Kilkee ranks among his most treasured memories of working in Clare.

Judge Carroll Moran recalled his time on the bench in Clare on his last day presiding over circuit court business in Ennis Courthouse.

The judge, who has sat in Clare on a permanent basis on the southwestern Circuit since 2004, has been promoted to the High Court.

Yesterday he recalled the period when the circuit court sat in Kilrush to facilitate the re-development of Ennis Courthouse.

Judge Moran said he stayed at the Stella Maris Hotel in Kilkee. He told the court that most people are familiar with Kilkee in the summer but “to be in Kilkee in February is quite an experience” as the Atlantic waves crashed against the cliffs. Judge Moran said he would “treasure” those memories of Kilkee for a long time.

Judge Gerald Keys, the circuit court Judge in Clare, led tributes to Judge Moran, saying, “This court has lost an extraordinary good Judge.”

Judge Keys said Judge Moran’s “appetite for work is quite extraordinary” and set down quite a precedent for others to follow.

Speaking on behalf of the Clare Bar Association, Michael Collins BL, said Judge Moran was a man of “administrative f air”, of “courtesy” and “compassion”.

He said Judge Moran is an “unfathomable font of patience”.

President of the Clare Law Association, William Cahir, said the people of Clare had been well served by Judge Moran’s efforts to reduce the long delays in circuit court lists that had existed in the county in 2002.

State solicitor for Clare Martin Linnane said, “You deserve your elevation judge and I wish you all the best.”

Chief Supt of the Clare Garda Divi- sion, John Kerin thanked Judge Moran for the courtesy he had shown to all gardaí.

He praised the judge for the “humane” manner in which he had dealt with cases. Court off ce manager, Josephine Tone said it had been a pleasure to work with Judge Moran and to see him work.

Judge Moran said he was “overwhelmed” by the compliments and “delightful lies!” he had heard.

He paid tribute to all court services staff, past and present, he worked with and his predecessors on the bench, Judge Kevin O’Higgins and Judge Sean O’Leary.

A SHANNON man who admitted stealing a phone at a house party has escaped an immediate jail sentence.

However Judge Patrick Durcan told Kenneth Ryan (21) that he would have no hesitation in sending him to jail if reoffends over the next two years.

At Ennis District Court on Wednesday, Judge Durcan imposed a a two month sentence on Mr Ryan after he pleaded guilty to the theft of a mobile phone from a house in Ballycasey, Shannon on July 27, 2014.

The court heard Mr Ryan, with an address at Tradaree Court, Shannon, committed the offence two months after being placed on a probation bond.

Inspector Tom Kennedy told the court the phone was discovered on Mr Ryan after he was arrested by gardaí for a public order offence in Shannon. The court heard the phone had been stolen from a woman who had attended a house party in the hours prior to Mr Ryan being detected.

Mr Ryan has previous convictions for drugs, criminal damage and public order. Defence solicitor Tara Godfrey said her client developed quite a signif cant problem with alcohol at an early age but has taken steps to address the issue.

“I would say this is very much a falling off the wagon situation”, she added.

Urging the court to be lenient, Ms Godfrey said her client is a young man with a future.

Judge Durcan imposed a two month prison sentence, suspended on condition Mr Ryan enter into a bond to be of good behaviour.

Mr Ryan entered into the bond. Judge Durcan warned Mr Ryan that if he fell off the wagon again over the next two years, he would serve to full two months.

A GHANIAN national who collected social welfare payments totalling € 4,160 for a friend who had left the country has escaped a jail sentence. At Ennis District Court on Wednesday, Judge Patrick Durcan said he would impose a community service order on Prince Kuffor (31). Judge Durcan said the option of imposing a maximum sentence of two years in prison, less allowances, was open to him.

However the judge said he did not see why the Irish people and State “should be further indebted to tune of € 1,500 or € 1,600 a week to keep Prince Kuffor in the comfort of one of our prisons”.

Mr Kuffor, with an address at Abbey Court, Ennis, was charged with 26 counts of dishonestly by deception inducing Tony Reddan to pay out 26 separate payments of € 160 by using a social welfare card in the name of Alan Blaise Rukundo.

The offences occurred at Sixmilebridge Post Off ce between Decem ber, 2013, and May 2014.

Inspector Tom Kennedy told Judge Patrick Durcan the charges were replicas of each other and could be treated as one offence. He told the court the accused went to the Post Off ce in Sixmilebridge over the course of 26 weeks to claim social welfare payments for a man named Alan Blaise Rukundo. Insp Kennedy said Mr Kuffor, a father of two, was also claiming his own social welfare payment in Ennis. “Mr Rukundo had left the jurisdiction for some time but had stayed on the books here,” he added. Insp Kennedy said, “Mr Kuffor was benef ting to the tune of € 50 a week for acting as agent for Mr Rukundo.” The court heard the Department of Social Protection is now taking a € 100 a week from Mr Kuffor’s social welfare payment. A total of € 500 has so far been paid back.

Defence solicitor Stiofán Fitzpatrick told the court, Mr Kuffor was approached by Mr Rukundo who said his wife was sick and he had to go with her to Italy for treatment.

Mr Rukondo asked Mr Kuffor to collect his social welfare.

Mr Fitzpatrick said his client believed he was not doing any wrong, particularly as Mr Rukundo came back at regular intervals to sign on.

He said the € 50 payment was to cover Mr Kuffor’s travelling expenses from Ennis to Sixmilebridge.

He said Mr Kuffor, who has resi- dency in Ireland, realised something was seriously wrong when he was approached by gardaí in June.

Judge Durcan said this was “highly organised criminal activity, Inspector, very well organised”. He said Ireland had always been a welcoming country but Mr Kuffor “has completely and f agrantly abused that welcome”.

Having regard to Mr Kuffor’s previous good record, Judge Durcan said he would impose a community sentence order if the accused is suitable for such work. The case was adjourned to December 17 for a pre sentence probation report.

A MAN has been ordered to pay a contribution to charity after pleading guilty to assault at Ennis Courthouse last month.

Ennis District Court was forced to rise shortly after 1.30pm on October 1 when two men became involved in a row at the entrance to the courtroom. John Doherty (51) was arrested and later brought before Ennis District Court where he was charged with assault and engaging in behaviour with intent to provoke a breach of the peace.

Mr Doherty, who previously lived in Ennis but now has an address at Belcamp Lane, Coolock, Dublin, appeared before Ennis District Court again on Wednesday where he pleaded guilty to assault. The breach of the peace charge against Mr Doherty was struck out following an application from the State.

Inspector Tom Kennedy told the court Mr Doherty encountered Michael McDonagh at the entrance to the courtroom and words were exchanged between them.

He said an altercation developed outside the courtroom. He said Mr Doherty threw a number of punches at Mr McDonagh, leaving him with a bruised and swollen face,

Judge Patrick Durcan remarked, “So Inspector, there was a little Punch and Judy show outside?”

Defence solicitor John Casey said his client would say he was provoked on the day. He said a “deep insult” was directed at Mr Doherty as he left the courtroom. Mr Casey said there was a dispute between the families but Mr Doherty had kept out of it.

Mr Casey said his client suffered “horrif c injuries” when he was as saulted in Ennis a few years ago. In 2012, Mr Doherty suffered multiple slash wounds when he was the victim of a vicious knife attack at the Maid of Eireann roundabout.

Mr Casey said his client has suffered from post traumatic stress disorder since the attack and had been forced to leave Ennis because of diff culties that emerged at his housing site. Mr Casey told the court Mr Doherty suffered the loss of his teenage son after he was stabbed in Ennis in 2007. A 19-year-old Ennis man was subsequently convicted of the manslaughter of Michael Doherty (14). The court heard Mr Doherty has two previous convictions for public order offences. In the witness box, John Doherty apologised for his behaviour on the day. “I want to apologise to the court. It shouldn’t have happened.”

Judge Durcan said he accepted the apology. He said Mr Doherty “overacted” but he did not want to give the person who insulted Mr Doherty “an additional scalp” by imposing a criminal conviction.

But Judge Durcan added that the dignity of the court had to be maintained and law and order has to be maintained. Noting the accused’s age, previous good record, the diff culties Mr Doherty has overcome and his commitment to his family, Judge Durcan ordered him to pay € 250 to the court poor box.