Category: News

A NUMBER of Clare motorists alleged to have been detected speeding by the Go Safe speed vans have had their cases adjourned after a judge requested clarity on the prosecutions being brought to court.

At Ennis District Court on Friday, Judge Patrick Durcan adjourned eight cases to May 2. He struck out cases against two motorists after the State applied to have them withdrawn.

Judge Durcan has requested the State look at the legislation underpinning the prosecutions brought by Go Safe.

After hearing evidence in one al- leged speeding case, Judge Durcan raised concerns over the evidential basis of photographs taken by the vans’ cameras of alleged speeding motorists.

Following the judge’s direction, it is unlikely that any Go Safe prosecutions will proceed in Clare over the next six weeks.

In one case, Go Safe official Paul Bennett gave evidence that the speed van camera detected a woman driving at 66km in a 50km zone at Ballymulcashel, Sixmilebridge, on September 2, 2013.

Inspector John O’Sullivan told the court that as a result of information downloaded, a fixed charge penalty notice was issued and went unpaid.

Judge Durcan asked Mr Bennett, “Are you observing or is the machine continuously recording?”

Mr Bennett said the camera machine was continuously recording.

Judge Durcan told Insp O’Sullivan that “the reality of it is, is that Mr Bennett doesn’t know what vehicle went by”.

“What evidence do I have for the picture that is taken and downloaded? There has to be a clear chain of evidence,” he added.

Insp O’Sullivan said he would have Insp John McDonald of the Garda Fixed Charge processing unit in Thurles to give evidence on the adjourned date on May 2.

Judge Durcan said the role of the man in the speed van “has been shrouded in mystery for too long”.

Judge Durcan has been strongly critical of Go Safe prosecutions.

At Kilrush District Court on Tuesday, the Judge dismissed two Go Safe cases and struck out the remaining two.

He said, “The sooner this is highlighted the better – the appalling waste of public money by these people who come into court and don’t know or don’t happen to be told how to prosecute simple road traffic matters.”

EFFORTS to spend large sections of the € 16.9 million allocated to Clare following the unprecedented series of storms in January and February are being hampered because of delays in decisions being made by the Office of Public Works (OPW).

Clare Council Council cannot undertake any significant redevelopment of coastal infrastructure until the OPW clarifies which of the 15 coastal protection schemes planned for the North Clare area are to go ahead. The situation was described as “outrageous” at yesterday’s North Clare Area meeting, with the Minister of State with responsibility for the OPW, Brian Hayes (FG), coming in for particular criticism.

“He [Minister Hayes] said there would be no delays because of bureaucracy between one department and another. The phrase used was ‘joined up thinking’ so that the projects that needed to proceed urgently would be able to proceed urgently. We are now two months on and nobody seems to know what projects will be able to proceed and what projects cannot,” said Cllr Richard Nagle (FF).

“For all the people who were battered by these storms, I think that this is not good enough. I think that it is outrageous. At this stage I would have expected that our senior engineer here [in Ennistymon] would have notifications from the department as to which projects would go ahead and which ones would not. I am at a loss to understand why we cannot proceed.”

Clare County Council has been able to complete temporary work at several North Clare sites, with access to severally damages areas such as The Flaggy Shore and the Lahinch Promenade being restored.

“We have money to do the work in places like the prom but we’re not yet sure what money we have for coastal erosion works, which has to be done first. We are waiting for clarification from the OPW. We are expecting that clarification from the OPW will be forthcoming shortly,” said a council spokesperson.

The OPW is currently processing 15 requests for coastal protection work from the North Clare area with a further 20 allocation coming from the West Clare area. Some of the request involving returning coastal protections to their previous levels while others involve further development.

Tom O’ROURKE
, Lissycasey, Clare. Reposing at his residence today (Tuesday) from 4.30pmwith removal at 7.30pmto Our Lady of theWayside Church. Funeral Mass onWednesday at 12.00. Burial in local cemetery. May he rest in peace.

Mary MCCARTHY (née Reidy)
, Lissane, Clarecastle. Formerly of Lissane, Clarecastle. Suddenly. Deeply regretted by her brother Damian, sister-in-lawBrid, nieces, nephews, grandnieces, grandnephews, relatives and friends. Due to unforeseen circumstances the funeral will be delayed by a number of days. See Rip.ie for details. May she rest in peace.

PJ COMMANE

A WEST Clare man accused of multiple counts of rape and sexual assault over a three-year period appeared in court in Kilrush on Tuesday.

The man who cannot be named for legal reasons was charged with two counts of rape of a female under Sec- tion 4 of the Criminal Law (Rape) (Amendment) Act 1990 on dates unknown between, and including, July 1, 2009 and November 26, 2012 in the West Clare area.

He was also charged with four counts of sexual assault contrary to Section 2 of the Criminal Law (Rape) (Amendment) Act 1990 as amended by Section 37 of the Sex Offenders Act 2001.

Garda Patrick Costelloe told the court that the defendant made no reply when he was charged and cautioned.

The defendant was released on his own bail subject to a number of conditions. He must reside at a named address, sign on at Kilrush Garda Station three times a week.

Additionally he have no contact with the alleged injured party or her family members.

He was also obliged to surrender his passport.

Superintendent Seamus Nolan told the court that directions on the case are to be sent to the Central Criminal Court and the Book of Evidence should be served by April 15.

FULL-TIME farming in Clare could soon be a thing of the past with unstable commodity prices, crippling debt an aging farming population driving farmers from the land.

The average prices of farm land in Clare fell almost 24 per cent last year, as the county’s farmers reeled from the effects of the fodder crisis. The average price of land in Clare fell from € 8,500 per acre in 2012, to just under € 6, 500 last year – a drop of 23.5 per cent – compared to national average price drop, which was less than 6 per cent.

More and more Clare land, especially poorer land, is now being planted for forestry as uncertainty about the future of milk prices ahead of the end of milk quotas in 2015 and continued uncertainly about crucial such as the Single Farm Payment, is prompting farmers to call it day.

Last year’s fodder crisis also created a large amount of debt amongst Clare farmers, who could yet face a second fodder crisis this year if the weather does not improve soon.

“The uncertainty that is out there at the moment is the biggest problem. We are after an expensive year last year because of the fodder crisis; people are in debt, are are still trying to recover,” said Clare chairperson for the ICMSA, Martin McMahon.

“There is massive uncertainty about the Single Farm Payment (SFP); everyone is wondering how much is going to be cut. The price of cattle on the floor, it’s as low as it has been in 30 year compared to costs.

“The only think going well at the moment is milk and no-one knows what is going to happen when quotas going on in 2015. We have a lot of Clare farmers who are shoving on in age and there is no generation coming through to replace them because of the uncertainty that is there at the moment.

“Then climate change is also taking it’s toll. We had no spring last year and things are no much better in 2014.

“Fodder is starting to get low again and unless things straighten out early in April we will be in big trouble. You will see farmers broke in Clare if we see another fodder crisis this year.”

New figures released by the Irish Farmer’s Journal also show there was also a marked increase in the amount of Clare land being offered for sale in 2013, with more than 30 per cent more land sold last year compared to 2012.

THE ESB have not ruled out the possibility of constructing a nuclear power plant at Moneypoint, once the current coal burning plant is decommissioned in 2025.

The company also say they are aware of Small Modular Reactors ultra safe mini-reactors based on the technology used in nuclear submarines – but have not yet investigated the technology in detail.

With nuclear energy prohibited by law in Ireland, the company say that their current focus for Moneypoint post-2025 involves the investigation of a coal of gas site.

However, any coal plant would require the integration of carbon capture technology, which has yet to be developed, as well as the expensive exportation of the captured carbon waste, as the storage of carbon is also currently prohibited by Irish law.

The creation of a gas burning plants is also likely to bring about a large increase in costs, unless a cheap source of gas is made available, possible through hydraulic fracturing in the Clare Basin.

“Since nuclear generation in Ireland in prohibited by law, ESB’s focus on future low-carbon generation options for Ireland does not currently include nuclear generation,” said a spokesperson.

“ESB is aware of Small Modular Reactors, but has not examined their suitability for Moneypoint.”

The ESB says it has also investigated the possibility of building a giant pipe-line from Moneypoint to the old Kinsale field off Cork, should carbon capture technology become viable and carbon storage become legal in Ireland. It is understood that such a scheme would be prohibitively expensive. “Such data is commercially sensitive but it is widely acknowledged within the industry that the cost of carbon capture and storage is high at present and that the industry is attempting to reduce these costs,” said the ESB spokesperson. According to Denis Duff of pronuclear group Better Environment with Nuclear Energy, (BENE), the ESB faces a difficult decision when the existing Moneypoint facility is decommissioned. “For environmental reasons, coal or gas fired replacements would need to have carbon capture facilities attached. ESB acknowledge that this would be a very expensive option and this is exacerbated by the costs of having to export the captured gases,” he said. “I believe that replacing coal at Moneypoint with these small reactors would be very beneficial to County Clare. The reactors are due out in 2021 and will supply affordable, clean, safe and reliable energy. For reasons of climate change, energy security and the economy in general, it is entirely likely that Ireland will install a number of these within 20 years. This will be the safest energy technology ever built and will be able to produce electricity significantly cheaper than any similar alternative.”

A BALLYVAUGHAN grandmother, who was given a symphysiotomy without her knowledge or consent while giving birth to her first son in September of 1965, says the “stonewalling” of the Irish state has forced her to take her case before the United Nations Committee Against Torture.

Details of the life and medical history of Ellen Moore were last week presented to the UN court in Vienna and Mrs Moore says the attitude taken by the current government and Minister for Health, James Reilly (FG) have forced this latest action.

After meeting with Mrs Moore and other members of the Survivors of Symphysiotomy (SOS) group last October, the health minister agreed to lift the statute of limitation involving symphysiotomy and allow sufferers to gain compensation through the courts.

The minister also agreed to release the second half of the Walsh Report, which probed the use of symphysiotomy’s in Irish hospitals, public. Neither of these promises have, to date, been kept.

“They have been stonewalling us and neglecting us. We worked so hard for the statute of limitations to be lifted and now it looks as if that that will not now happen. We were told in a meeting with Minister O’Reilly back in October that that we would receive the second half of the Walsh Report in two weeks – that still hasn’t happened,” said Mrs Moore.

“They [the Government] say one thing in public and they do the complete opposite in private. They are hoping that we will just go away. There are a lot of older women in the group and many of them have already died without receiving compensation.

“This isn’t just for us, this is for the next group of people who have something done to them without their consent. The state is not owning up to anything.”

This symphysiotomy procedure, which involved breaking a woman’s pelvic bone during labour, was carried out on an estimated 1,500 Irish women in the 1960 and ‘70s but fewer than 200 of these women are still alive.

A BUS company that aims to make Ennis one of the country’s tourism capitals says it intends to double its workforce in the town over the next 12 months. Dublin Coach commenced its daily Dublin to Ennis service in December 2013.

The company employs in excess of 100 people nationwide, with 27 of those jobs in Ennis.

Owner John O’Sullivan says the rolling out of new tourism products will see the company hiring more staff in 2014. “As of today we have 27 based in Ennis and we see that as growing significantly over the next 12 months. The tourism products haven’t kicked in yet and we expect that to double,” he explained. Mr O’Sullivan told The Clare People

NEW charges have been brought against a Polish couple charged with offences arising from the discovery of an alleged cannabis grow-house in West Clare earlier this year.

Jagoga Gajewska (19) and her partner Adam Wrobel (22), both with a former address at Lislanahan Lower, Kilkee appeared before Ennis District Court on Wednesday.

They are both charged with offences relating to the alleged discovery at Lislanahan Lower, Kilkee on January 13. On Wednesday, the court heard that new charges have been brought against the pair. Mr Wrobel and Ms Gajewska are charged with knowingly permitting premises at Lislanahan Lower, Kilkee on January 13, to be used for the manufacture, production and preparation of a controlled drug.

Mr Wrobel is charged with possession of cannabis, which at the time had a market value of € 13,000 or more. He is charged with possession of a cannabis plan and cultivating without license, plants of the cannabis genus, contrary to the misuse of drugs act.

Garda Eoin Daly of Kilrush Garda Station gave evidence of arrest, charge and caution in respect of both accused. Counsel for both accused, Alice Harrison applied to have the legal aid certificate extended to cover the new charges.

Judge Patrick Durcan granted the application. Insp Tom Kennedy requested the matters go back to April 2 to allow time for the preparation of the book of evidence.

Counsel consented to the application and to time being extended for the service of the book of evidence.

She told Judge Durcan that Mr Wrobel has secured bail in the High Court but has been so far been unable to take it up. Ms Gajewska has taken up High Court bail, the court heard. Judge Durcan adjourned the cases to April 2.

A JUDGE has refused jurisdiction of a case where it is alleged a man confronted another man with an iron bar on a main street in Ennis last summer. At Ennis District Court on Wednesday, Judge Patrick Durcan said it appeared to him that alleged incidents of this nature are becoming “too prevalent in Ennis”.

He was speaking after details of an alleged assault that took place on Carmody Street on July 1, 2013 were outlined in court.

James Galbraith (37), with an address at Lissanisaka, Claureen, Ennis is charged with assault causing harm to Dylan Dinan.

He is further charged with the production of an iron bar while about to commit assault.

Insp Tom Kennedy said the Director of Public Prosecutions (DPP) had directed summary disposal of the charges in the district court on a plea of guilty only.

Defence solicitor John Casey told the court his client would be pleading guilty.

Insp Kennedy said the alleged in- jured party was a passenger in a van when noticed the accused behind him at around 1.30pm on the day in question.

Insp Kennedy said it would be alleged that when the van stopped, Mr Galbraith came towards it with a crowbar and started to assault Mr Dinan.

Judge Durcan refused jurisdiction. “In my mind this type of stuff is becoming too prevalent in Ennis”, he said.

The case was adjourned to April to allow time for preparation of a book of evidence.

AN ENNIS based dentist has said his safety and that of his family’s has been “diminished” since a man threatened to kill him almost two years ago.

The doctor outlined his concerns in a victim impact statement read out by Garda Michelle Holian at Ennis Circuit Criminal Court last week.

Earlier this month, Eoin Hannan (41) was found guilty by a jury of making the threat against the dentist at his practice in Merchant’s Square, Ennis on May 11, 2012.

Mr Hannan, with addresses at Kilrush Road, Ennis and Shear Street, Kilmallock, Ennis was also found guilty of two counts of engaging in threatening, abusive and or insulting behaviour with intent to provoke a breach of the peace.

The jury acquitted the accused of making a threat to burn down the dentist’s practice. Mr Hannan had denied all charges, which arose from visits he made to the surgery on May 10 and May 11, 2012.

Mr Hannan denied making the threats to the dentist. He said, “I told him ‘I am a bullet’ and I left as fast a bullet.” He also said: “I told him to take his drills and get off my island.” Mr Hannan appeared before Ennis Circuit Criminal Court on Tuesday fort sentencing. In the victim impact statement, the dentist said his general well-being and safety has been diminished and compromised since the threat.

He said he has increased security meaures as his dental practice. He said he no longer feels comfortable walking the streets of Ennis on his own because “the threat on my life still stands.” He thanked his family, friends and gardaí for the support he has received.

Defence Counsel Michael Collins told the court his client still “vigorously protests his innocence”.

The court heard Mr Hannan, who suffers from a form of bi-polar disorder, has previous convictions for robbery, public order offences and possession of knives and other articles.

“I am not a criminal. I do not regard myself as insane in any way”, he added. Judge Gerald Keys adjourned finalisation of sentencing to April 24. Mr Hannan was remanded in custody.