Category: News

TAOISEACH Enda Kenny (FG) will receive a hot reception when he visits Shannon next Monday with hundreds of anti-water charge campaigners expected to take to the streets in protest.Clare Says No To Water Charges and the Right to Water group will host separate protests in Shannon on the day, with the Taoiseach in Clare to open a new facility at Genworth.

In the wake of violent scenes in Dublin over the weekend, both Clare groups said yesterday that they want the Shannon protests to remain peaceful.

“We don’t want to see what happened in Tallaght. We don’t want things getting out of hand or any problems occurring. We want this to be completely peaceful,” said Shannon councillor and member of the Right To Water group, Mike McKee (SF).

“I would condemn any riotous or overly boisterous behaviour. You get that in certain places and I would certainly hope that it will not happen here.

“We would demand that the people who come out keep it peaceful, oth- erwise we don’t want them with us.” These sentiments were echoed by Paul Whitmore of the Clare Says No To Water Charges group, who also announced a third protest march for Ennis on November 29.

“We are planning a peaceful protest. We want to get the message across that Irish Water should be abolished and the powers should go back to the county council,” he said.

A TEENAGER who robbed a handbag from a female pensioner in Shannon has been spared a criminal conviction.

At Ennis Circuit Criminal Court yesterday, Judge Carroll Moran applied the Probation Act in respect of the 17 year-old after being told of the teenager’s clean record and “excellent engagement” with the Probation Services. An 18 year-old man, who admitted a charge of handling stolen property, also received the benef t of the Probation Act. The charges arose following an incident at Tullyvarraga Hill, Shannon on July 9, 2012.

At a sentencing hearing in March, Detective Garda Roddy Burke of Shannon Garda Station told prosecuting counsel Stephen Coughlan BL, that an elderly woman was walking on a private footpath when the then 16 year-old came up behind her and snatched her handbag.

The woman gave chase but slipped on a step and fell. She was hospitalised for eight days and treated for a cracked pelvis and chipped hip.

A then 16 year-old pleaded guilty to robbing the woman’s handbag, con- taining € 45. A then 17-year-old boy, with no previous convictions, pleaded guilty to handling stolen property.

Final sentencing in the case was adjourned to allow for the preparation of reports from the Probation Services. Neither of the accused have any previous convictions.

Judge Carroll Moran said, “This was a serious matter. The injured party was 73 years-old at the time and was targeted in a handbag snatch”. He said the woman showed “great fortitude” in giving chase to the accused. He said the targeting of elderly people is a serious matter, that in normal circumstances would warrant serious punishment.

But Judge Moran noted from the report that there had been an “excellent engagement” from the now 17-yearold with the Probation Services.

He said the services are of the view the accused will not offend again.

Judge Moran said he did not want to criminalise this young man anymore than he had to. Neither accused has come to Garda attention since the incident. He applied the Probation Act in respect of both teenagers and. Both accused entered into bonds to be of good behaviour.

A YOUNG woman was left shaken after she was allegedly ‘groped’ while out walking in Ennis on Friday night. The woman and her friend were walking near St Flannan’s College when a man jumped from behind a wall and grabbed the woman.

A passer-by witnessed the incident and came to the aid of the woman who is from Ennis. The suspected offender, who is in his early 20s, f ed through the grounds of St Flannan’s.

The woman, a mother of two, returned home and reported the incident to gardaí. She was able to give a detailed description of the man to gardaí.

A person matching the suspect’s description was observed by gardaí in Ennis within hours of the incident. He was detained for a brief period but later released without charge. Investigations into the matter are ongoing.

The woman left her house at around 8.45pm on Friday. She and a friend were walking on the Limerick Road, near the West County Hotel.

They were going in the direction of the town centre when they became aware of man wearing a dark camouf age hoodie walking closely behind them.

The women stopped and noticed the man. They decided to cross the road to Michael Lynch’s Joinery before crossing back to the Flannan’s side of the road.

The young man followed the same route but turned at Flannan’s and started to walk towards Ennis. The two women had passed the college’s main entrance and were just passing another narrow entrance to the school when the youth re-appeared.

It is alleged he jumped a wall and suddenly grabbed the woman. The shocked victim and her friend turned on the man who f ed through the grounds of the school. The young mother was left shaken and upset by the incident.

A STUDENT with a “dreadful” criminal record has avoided jail for driving offences committed in Ennis last year. Chris Kelly appeared in Ennis District Court on Wednesday for sentencing for motoring offences committed at Cahercallamore, Ennis on April 23, 2014.

In December 2013, Mr Kelly, with an address at Newtown, Castletroy, Limerick was convicted after a contested hearing at Ennis District Court of having no insurance, no driver’s license and no NCT certif cate.

The court heard he was disqualif ed from driving for 15 years at the time of the commission of the offence. Mr Kelly, a father of one, has eight previous convictions for no insurance and two for dangerous driving. He also has previous convictions for theft offences, the court heard.

Mr Kelly appeared back in court in September when Garda Inspector Tom Kennedy told the court the accused had a “dreadful record”.

Judge Patrick Durcan further adjourned sentencing to November 5 after requesting a detailed report on Mr Kelly’s academic progress at the University of Limerick. He also sought clarif cation on the accused’s previous convictions.

On Wednesday, defence solicitor Tara Godfrey said she had a letter from the welfare off cer at UL, say ing “very good things” about her client. Ms Godfrey told the court her client maintains his innocence with respect to the Ennis convictions.

She said Mr Kelly has not resiled from his original position that he was not the person in the car when it was stopped by the gardaí.

She said Mr Kelly would have appealed the conviction in the circuit court but the matter had not yet been f nalised in the district court. “He would be of the opinion he’s an innocent man and was going to pursue that to the Nth degree”, Ms Godfrey added. In relation to Mr Kelly’s previous convictions, Ms Godfrey said her client is a young man of tremendous promise who squandered most of his youth. Judge Patrick Durcan imposed a f ne of € 350 on Mr Kelly for having no driver’s license. He imposed a further f ne of € 1000 in respect of the conviction for no insurance. Mr Kelly was also disqualif ed from holding a driver’s license for 10 years. Judge Durcan said he was not imposing a custodial sentence in light of Mr Kelly’s academic progress. Recognisance’s were f xed in the event of an appeal at Mr Kelly’s own bond of € 500 and an independent surety to be approved by the court of € 1000.

AN ELECTRICIAN has pleaded guilty to theft offences arising from the unauthorised use of a bank card for online gambling.

Killian Torpey (26) used a bankcard belonging to his girlfriend’s mother for a series of online transactions in 2012.

At Ennis Circuit Criminal Court on Tuesday, Mr Torpey, with an address at Mahonburg, Inch, pleaded guilty to 15 sample counts of theft between June 14, 2012, and November 22, 2012.

He admitted stealing various cash amounts totalling € 1,900 from Mary McNamara at a place unknown within the State. Mr Torpey was originally charged with 155 counts of theft of cash amounts totalling € 23,474.

In court, prosecuting counsel, Stephen Coughlan told the court the pleas of guilty to the sample counts were acceptable to the DPP on a “full facts basis”. Counsel said the sen- tencing hearing would be lengthy as the facts of the case would take some time to hear.

Defence counsel Lorcan Connolly said considerable admissions will be made and maybe a “global approach” could be adopted at the sentencing hearing.

Mr Connolly added, “the offences in this case in essence relate to the unauthorised use of a bank card for online betting and the injured party is the mother of Mr Torpey’s girlfriend”. The court heard Mr Torpey is a qualif ed electrician with no pre vious convictions. Counsel said he would be calling his client’s employer to give evidence but said this person was currently in America. He said he understood Ms McNamara is also out of the country. “It’s somewhat of an unusual case, as you have may have gathered so far Judge,” Mr Connolly added. Judge Gerald Keys adjourned the case to November 18 when a date for sentencing will be f xed. Mr Torpey was remanded on continuing bail.

SHANNON Airport continues its remarkable rise from the ashes with an unprecedented 30 per cent increase in passenger numbers last month.

New passengers number released yesterday show a year-on-year increase of more than 28 per cent, compared to October of 2013. This represents the largest percentage increase ever recorded in Shannon and comes on the back of consistent growth since the airport gained independent from the Dublin Airport Authority (DAA).

Having been on the verge on being passed out by Knock Airport, and downgraded to Ireland’s fourth choice airport just 20 months ago, Shannon Airport looks set to overtake Cork Airport and reclaim the title of Ireland second airport.

The biggest increase in passengers coming through Shannon came from its European services, which were up an incredible 111 per cent per cent when compared to the same month in 2013.

A total of 42,950 European passengers used Shannon Airport last month – more than double the 20,347 who used the airport in October of 2013.

Transatlantic passengers were up by 15 per cent, from 23,511 in October 2013 to 27,108 last month, thanks in the main to the increased frequency across New York and Boston services.

Shannon’s biggest market, the UK, also grew by 6 per cent last month from 61,681 to 65,243.

“It’s been a really great summer season for Shannon and f nished out with a very strong October. A very encouraging aspect to the growth is that there were gains across our three main markets, Europe, the UK and US,” said airport CEO Neil Pakey.

“Increases in European services are particularly strong thanks to the nine new services this summer season but the US also performed very well as a result of greater frequencies. It was also heartening to see growth on UK services as this is the strongest market for Ireland and a 6 per cent growth month-over-month is quite signif cant. “We have new winter services this year to Berlin, Bristol, Fuerteventura, Krakow, Paris and Warsaw. These, together with our other winter services, provide a really strong array of destinations for weekend or winter sun breaks as well as for business travellers.

“It’s good news also for the region as our winter schedule this year has really good options from an inbound perspective, which is particularly good for tourism operators here as there is a really good winter break offering across the West of Ireland.”

A FORMER pupil of disgraced retired principal Pat Barry has urged victims to have the courage to come forward and help expose abusers.

The woman called on victims of abuse to speak out. “Lets not keep their dirty secrets in the dark any longer”, she said.

Her statement was one of eight powerful victim impact reports heard in Ennis Circuit Criminal Court on Friday.

At the sentencing hearing, the women recalled how their lives were ruined by Barry, who was convicted on indecent assault in July.

One woman recalled the “fear” “terror” and “humiliation” she felt in her childhood.

Another woman said Barry’s abuse made her feel “dirty”. “I was extremely embarrassed by it all”. “He terrorised and molested me for years”, she added.

The woman described the former principal of Moyasta National School as the “vicious wolf who would lie in wait for me every day”.

A woman, who read her statement in court, became emotional as she detailed the dreadful impact the abuse had on her life. “I’m glad Mr Barry has been exposed for the sexual predator he is”.

Another woman said she will never forgive Barry but is glad she can close this “horrible chapter” in her life. A victim told the court her childhood was shaped by “shame”, “guilt” and “powerlessness” because of the abuse.

“I am proud of myself and the oth- er women for having the strength to face the court and tell our story”, she added.

One woman said, “Forty years have gone by and I’m still hurting”. She said the fear of being roughed up or “touched” in Barry’s class was terrifying.

The women also thanked Kilrush based Detective, Oliver Downes, who took up the investigation into Barry.

In July, following a three-week trial at Ennis Circuit Criminal Court, Pat Barry (80) was convicted by a jury of 59 counts of indecent assault.

Barry, with an address at Well Road, Kilkee, denied 67 counts of indecently assaulting 11 girls at Moyasta National School between 1964 and 1985.

Trial Judge Gerald Keys had directed the jury of seven women and f ve men to f nd Mr Barry not guilty on eight of the 67 counts. At the conclusion of his 11-day trial, the jury returned guilty verdicts on the remaining 59 counts. Det Gda Downes conf rmed to Roderick O’Hanlon (SC), for Barry, that no further charges are pending against Mr Barry. In his plea of mitigation Mr O’Hanlon said that for a period of 35 years since his retirement in 1989, “the defendant has lead a life from which no charges have arisen, none are pending before the court”. The court heard Mr Barry suffers from tinnitus and high blood pressure and stress related nose bleeds. The court heard the accused has no previous convictions and taught at a primary school in Wicklow from 1952 to1954 before joining Kilkee boys national school in January 1957. He took up the role of principal in Moyasta NS in July 1969.

He served on the board of the O’Curry’s Summer School for Irish in Carrigaholt and was actively involved in the local history projects.

A number of testimonials on Mr Barry’s behalf, including one from local Church of Ireland Rector, Canon Bob Hanna, were handed to Judge Gerald Keys.

Judge Keys said he required time consider the new documents submitted to the court so he could come to a “fair and just judgement”.

The case was adjourned to tomorrow (November 12), for mention when a date for sentence is due to be f xed. Mr Barry was remanded on bail.

A 25 YEAR-old Clare man who sexually assaulted a 12 year-old girl in as she slept in bed has been told he is “extremely fortunate” not to be going to prison.

The man received a two year suspended sentence at Ennis Circuit Criminal Court on Friday after previously pleading guilty to sexually assaulting the girl at the home of his former partner’s house in west Clare in February 2012.

Details of the assault were heard at Ennis Circuit Criminal Court in June. The 12-year-old victim stayed in the house on the night in question to baby-sit the woman’s young child. The man and the woman were in the house drinking.

Garda Suzanne McHale told the court the accused and the woman were staying in one bedroom and the victim and the child were asleep in another bedroom.

The court heard the accused got up that night to go the toilet. Garda McHale said that when he came back he entered the complainant’s room and got into bed beside her. Garda McHale said the victim said the man asked if he could “shift her”.

She said the girl said the man started kissing her and put his hands on her body.

Garda McHale said the man left the room after the girl persistently asked him to leave. The court heard the man had consumed a lot of alcohol on the night.

He later told gardaí that he thought he was going back to the room he had been sleeping in. He said he realised he was in the wrong bed when he started kissing the girl.

Defence Counsel Isobel Kennedy (SC) said the two adults in the house had consumed a large amount of alcohol on the night.

She said the room in which the victim had been sleeping in on the night was the one her client and his then partner ordinarily slept in.

Sentencing was adjourned to last week when a victim impact report was handed into the court.

The victim, who was not in court, stated she had “self-harmed” since the incident and attempted suicide. The court heard she felt “vulnerable” around men and was unable to attend school for a period.

Passing sentence, Judge Keys said, “Sexual assault is a very serious offence and can leave a person seriously scarred”.

Judge Keys said the mitigating factors in the case were the accused’s early plea, which was a relief to the victim, and his lack of previous convictions. He also noted there is no risk, or any evidence, to suggest the man will re-offend. Judge Keys said that had the matter gone to trial a jury could have found the man made a genuine mistake.

Imposing a two year suspended sentence, Judge Keys said the circumstances in this case were particularly “unusual”.

“I accept you are deeply ashamed of what happened”, he added. Addressing the accused, the Judge said, “You can regard yourself as an extremely fortunate person to be not going to jail”.

A FORMER student convicted of threatening to kill an Ennis-based dentist last week sought to take up an offer to reduce his three-year prison sentence.

But at Ennis Circuit Criminal Court on Tuesday, Judge Gerald Keys told solicitor for Eoin Hannan (41) that his hands were tied with respect to the application.

Judge Keys said he did not have jurisdiction to deal with Mr Hannan’s application after being told Mr Hannan has lodged an appeal with the Court of Criminal Appeal.

In March a jury unanimously found Eoin Hannan guilty of threatening to kill a dentist at his practice in Merchant Square, Ennis, on May 11, 2012. Mr Hannan, with former ad- dresses at Kilrush Road, Ennis, and Shear Street, Kilmallock, Ennis, was also found guilty of two counts of engaging in behaviour with intent to provoke a breach of the peace.

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

At his sentencing hearing in March, Mr Hannan received a three-year prison term but Judge Keys said he would suspend 15 months of the sentence if Mr Hannan agreed to enter a bond to be of good behaviour, abide by the directions of the Probation Services, abstain from alcohol and take his medication.

Mr Hannan asked to leave the court to consider the offer and when the case resumed, barrister Michael Collins, who acted for Mr Hannan at his trial, told the court Mr Hannan continued to protest his innocence and did not want to enter into a bond.

At Ennis Circuit Criminal Court on Wednesday, Mr Hannan sought to enter the bond to have the sentence reduced.

Mr Hannan was represented in court by solicitor Daragh Hassett.

Judge Keys told Mr Hassett he did not have jurisdiction to deal with the application as Mr Hannan had already lodged an appeal to the Court of Criminal Appeal.

“As far as I am concerned, my hands are tied,” The judge said.

Counsel for the Director of Public Prosecutions (DPP), Stephen Coughlan, told Judge Keys that in relation to this matter the only order he could make was no order.

SECURITY guards at Clare’s only acute psychiatric unit have physically restrained patients without any medical support or direction.

Mental health inspectors were “alarmed” to learn that security personnel at the Acute Psychiatric Unit in Ennis Hospital “had been the only people involved in restraint of residents” on four occasions.

Dr Fionnuala O’Loughlin, Assistant Inspector of Mental Health Services, and Sean Logue, Assistant Inspector of Mental Health Services, made the discovery during an unannounced inspection of the 39-bed Acute Psychiatric Unit (APU), on July 8 and 9 last.

According to the report by the Mental Health Commission on Friday the inspectors were concerned at the use of security personnel in the practice of physical restraint in this centre.

Two security guards have been employed at the acute unit for the last three years, specif cally to assist in the management of one patient.

This is estimated to cost € 400,000 per annum. Member of the HSE West Forum and former psychiatric nurse Cllr Tom McNamara said that this situation is not benef ting anyone. “He should be in a psychiatric intensive care unit where his needs could be met,” he said adding that the Government’s Mental Health Paper ‘Vision for Change’ had proposed four of these units for the country.

“What they are spending on security would go a long way to staff ng a proper unit where this patient’s needs would be met and people would be trained to take care of him,” he said.

According to the inspectors’ report published at the end of last week, this patient was no longer a detained patient at the time of inspection.

“There was now an anomalous situation whereby security personnel were employed in respect of a voluntary resident,” the inspectors reported. “In addition, it was clear that the security personnel, on duty at all times in the approved centre, engaged in the physical restraint of other residents and ordered and initiated the practice in some instances.”

The inspectors reported that they found it “alarming” that in some instances the security personnel had been the only people involved in restraint of residents, “as documented in the Physical Restraint register”. “This signif ed a serious lack of knowledge by the service in respect of the Code of Practice on the Use of Physical Restraint.”

The report recommended that if the hospital was to continue to use security personnel there must be a policy, which clearly outlines their role and scope of activity.

“Physical restraint must only be initiated and ordered by registered medical practitioners, registered nurses and other members of the multidisciplinary care team,” it stated.