Category: News

A KILRUSH man found guilty of illegally dumping household waste will have to pay out € 1,030, following a hearing at Kilrush District Court on Tuesday.

Clare County Council brought the case against Flan Burke, Apartment 2, Vandeleur Street, Kilrush who was found guilty of littering contrary to section 3(1) of Litter Pollution Act 1997 and Section 24 (1) of the Lit- ter Pollution Act 1997 as Amended Section 58. In evidence litter warden Conor Leyden said that the council received a complaint on July 2, 2013 stating that there was litter on the side of the road at Dunneill, Kilimer.

On investigating the complaint he found an ESB bill with Mr Burke’s name among the rubbish.

A fine was sent to Mr Burke by registered post.

He was also told he could appeal the fine in writing, the court was told, but this did not happen.

Reminder letters were again sent on July 29 and August 6, 2013 and finally a court summons was issued on December 31.

Mr Leyden described the road as a “quiet road with no residential houses, with mostly agricultural lands.”

Describing Mr Burke’s actions as “contemptible” Judge Patrick Durcan fined him € 750 and ordered him to pay costs of € 280.

He added that he was taking into account that the defendant in the case had no previous convictions.

FURTHER evidence that Shannon Airport is on the right flight-path to recovery was released over the weekend with the news that the airport recorded a promising increase in the number of flight movements coming through Shannon in January.

This increase is more impressive when the effects of the recent storms are considered. Shannon Airport itself has been forced to close on a number of occasions in recent weeks and a number of flights destined to arrive at Shannon Airport were also cancelled because of difficulties at other airports.

Shannon Airport recorded an average total of 38 daily movements in January of 2014 compared to the same month in 2013. This amounts to a year-on-year increase of more than 3.2 per cent.

Ireland’s en-route traffic, which means the total flights that pass through Irish airspace but do not land, decreased by 9.2 per cent in January. This decrease has been blamed mostly on the poor weather and, if a similar sized decrease was felt at Shannon Airport, it means that real flights must have shown a sizable increase to off set the effects of the poor weather.

This is in stark contrast to the number of daily movements recorded for January of 2013, which were the lowest recorded at Shannon Airport for more then a decade. These drop, which coincides with the air- port’s first month of independence from the Dublin Airport Authority, represents a 10.7 per cent year-onyear drop on the flight number from January of 2012.

“Continued strong performance in our terminal business is very encouraging. Recent announcements by a number of airlines suggests growth will continue for the remainder of the year,” said Peter Kearney, Director of Air Traffic Operations and Strategy at the Irish Aviation Authority.

A JUDGE has asked the gardaí to investigate the circumstances in which a second teenager from Ennis was married by a man claiming to be a ‘Bishop’.

At Ennis Children’s Court on Wednesday, Judge Patrick Durcan said, “It is disgraceful that this young man is being duped by someone who parades around pretending to be a Bishop”.

He was speaking after being told by a 17 year old boy he had recently been married by Bishop Michael Cox.

The youth – who cannot be named for legal reasons and was before the court on a trespass charge – confirmed to Judge Durcan that he paid € 100 to Mr Cox for the marriage and that he met him only once before the wedding.

He told the judge that he and his wife are expecting their first child in August. The legal age for marriage in Ireland is 18.

Judge Durcan said he wanted the issue to be brought to the attention of the State.

Addressing the teenager, Judge Durcan said, “This man is not a Bishop and he is not entitled to marry you.”

He told the boy this could have seri- ous implications for the status of his marriage, the status of his wife and the status of his child his wife is expecting.

Judge Durcan noted this was the second time in recent months he had been informed of a marriage performed by Bishop Cox for an Ennis teenager.

Last November he ordered gardaí to investigate the circumstances of a wedding of another 17 year-old performed by Bishop Cox.

At the time, Judge Durcan was strongly critical of Bishop Cox. He said the fact that the couple had paid money for the service was “appalling” and “brings things to the lowest depths.”

“I want to say loudly and clearly that anyone who masquerades as a clergy man and who takes money from young people and imbues in them a mistaken belief that he has married them, is in my view committing the most serious offence”, added Judge Durcan.

On Wednesday, Inspector Tom Kennedy told the court the case is under investigation.

Judge Durcan said he also wanted the Probation Services to investigate how young people are being “duped” into paying for sham marriage ceremonies.

Probation Officer, Eoin Ryan said the case has been discussed by the service.

Bishop Cox previously attracted controversy when he ordained Sinead O’Connor a priest in 1999 in Lourdes — he is not a bishop of the Roman Catholic Church and is instead a bishop of the Latin Tridentine Church.

ENNIS Golf Club is counting the cost of Storm Darwin after dozens of trees were knocked over on the course on Wednesday afternoon.

It is estimated that around 130 trees were knocked over or uprooted along the 107-year-old course.

A full assessment of the damage has been carried out.

The course is expected to remain closed for a number of days to facilitate removal work.

In a message posted on the club’s Facebook page, Club Manager Pat McCarthy thanked all members who had volunteered to help out.

He stated, “In common with the rest of the country, Ennis Golf Club has suffered seriously from the recent storms. The unprecedented winds of Wednesday have knocked large numbers of evergreen and deciduous trees all over the course. Many more have been left in a weakened and dangerous state.”

Mr McCarthy continued, “A full assessment of the damage has been carried out and contractors are quoting for the clean up at present and we expect work to commence early next week. In the interests of safety and to allow the heavy work of removal we have no alternative but to close the course for at least a week. We will keep members updated via email regarding the reopening of the course. We are grateful to our members who have volunteered their help but, until such time as the dangerous work is successfully completed, we cannot allow members onto the course.”

The club was among numerous areas of the town where trees were knocked over by storm force winds on Wednesday.

A number of patients had to be evacuated from the top floor of Ennis General Hospital because of fears that winds could damage the roof.

No signs of damage was found and the patients were able to return to the building.

Fallen trees near St Flannan’s College forced the closure of a busy road while gardaí were called to deal with an overturned truck on the M18 motorway outside Ennis.

AN Ennis woman charged with robbery has been told her bail will be revoked if she does not abide by all conditions

At Ennis District Court on Wednesday, Clara Chapman (19) admitted not residing at an address she had given gardaí when granted bail last month.

Inspector Tom Kennedy said, “Our application is to have bail revoked. Ms Chapman, in our view, is flagrantly ignoring bail conditions as set”. Insp Kennedy was speaking after Detec- tive John Casey of Ennis Garda Station told the court Ms Chapman was not present at her stated address of Banner Lodge, Ennis when he visited it on dates in January.

He said the owner had informed him, Ms Chapman had not resided at Banner Lodge since January 18.

Defence solicitor Tara Godfrey said her client was staying with her mother at Harbour House, Woodquay, Ennis.

She told the court Ms Chapman now realizes she should have first applied to the court to amend her bail conditions before moving address.

Ms Chapman is charged with robbing a handbag and cash from a woman at the Causeway Link Road, Ennis on January 18.

Judge Patrick Durcan said it was a concern to him that Ms Chapman had entered into a bond to reside at a certain address, which she had vacated four days previously.

The court heard Ms Chapman was not present in court earlier this month when she was called to explain the breach of her bail conditions.

Ms Godfrey said her client was unable to attend court because of an appointment in Limerick.

After a brief adjournment, Detective Casey told the court he had received confirmation Ms Chapman was at an appointment.

Judge Durcan agreed to amend the accused’s bail conditions to reside at Harbour House, Woodquay, Ennis.

Addressing Ms Chapman he said, “Any further non compliance, I will not accede to an application for bail”.

Ms Chapman was remanded on continuing bail to appear again in court tomorrow, February 19. She was also ordered to abide by a curfew from 10pm to 7am.

AN ESTIMATED 62 customers in the county were still without electricity at time of press last night, as Storm Darwin blew out transmitters and damaged lines on Wednesday last.

At the height of the storm as many as 8,400 homes in the county were without electricity.

ESB crews worked around the clock and over the weekend to restore light and energy to homes, but four areas in the county are still in darkness.

As many as 30 customers in Ennis North were still reported to be without power yesterday evening (Monday), while 10 customers in Kilrush, 10 in Rineanna and 12 in Cranny are also without power since Wednesday afternoon.

Last night ESB crews suspended power for almost four hours at 52 homes in the Miltown Malbay area to fix a fault, and 15 homes in Drumquin.

As 130 kilometres per hour winds blew across the county on Wednesday, emergency services in Clare responded to more than 150 separate weather related incidents.

As many as 8,400 homes in Clare were without electricity on Wednesday, with many homes still without power today. At the height of the storm 11, 500 Eircom customers also had their communications systems interrupted.

A COUSIN of former Republic of Ireland soccer star Steve Finnan has pleaded guilty to drug dealing arising from the discovery of an amount of prescription drugs in Quin last year.

Father of two, Sean Finnan (22), appeared before Ennis District Court on Thursday charged with possession of a controlled drug for sale or supply at his former address at 21 The Park, Quin, on January 7, 2013.

Inspector Tom Kennedy told the court gardaí found 250 xanax tablets and dealing paraphernalia including a ‘tick list’ when they executed a search warrant on the property.

The court heard Mr Finnan has 57 previous convictions mainly for drugs, public order and burglary offences.

Defence solicitor Shiofra Hassett told Judge Patrick Durcan her client is currently in prison.

She said Mr Finnan received a suspended sentence at Limerick District Court earlier this month but asked for the sentence to be activated because he feared for his life outside prison.

The court heard Mr Finnan received 25 pellet wounds outside his home in Limerick city in December.

Ms Hassett said her client had been forced to leave his home and sleep rough because he could not secure alternative accommodation.

“He had serious concerns for the safety of his family and that is why he left home”, she explained.

The court heard Mr Finnan is currently being held in protective custody because of threats against his life.

Ms Hassett asked the court not to add to her client’s current term of imprisonment.

Judge Patrick Durcan noted the risk of Mr Finnan re-offending is high.

However, noting the danger to Mr Finnan’s life, his family circumstances and current sentence, Judge Durcan said he wanted to make an order that reflected the seriousness of the charge and offered the accused some hope.

He imposed sentences totaling six months but suspended them on condition Mr Finnan enter into a bond to be law abiding. Mr Finnan is due for release in August. A CA S E where it is alleged a serious public order disturbance took place at a busy shopping centre in Ennis last year may be heard in the Circuit Court, a court has heard. OnWednesday, Inspector TomKennedy said the Director of Public Prosecutions (DPP) has not yet directed in the case. He said a book of evidence may be required for the matter. Insp Kennedy was referring to an alleged incident at Tesco’s Ennis on December 18, 2013. Four people are facing charges arising from the alleged incident. Anne Delaney (45), with an address at Waterpark Heights, Ennis, is charged with engaging in threatening, insulting or abusive behaviour with intent to provoke a breach of the peace. James Delaney (26), with an address Gordon Drive, Cloughleigh, Ennis is also charged with engaging in threatening, insulting or abusive behaviour with intent to provoke a breach of the peace. James Keenan (40), with an address at 30 Childer’s Road, Cloughleigh, Ennis and a teenager are both charged with public order offences arising fromthe alleged incident at Tesco’s, Francis Street, Ennis on December 18. The cases were adjourned to March 12 for DPP’s directions. A MA N charged with having drugs allegedly worth €13,000 for sale or supply in Doora has been sent forward for trial to the Circuit Criminal Court. Keith Loftus (21), with an address at Noughaval, Doora, appeared before Ennis District Court on Wednesday. He is charged with possession of cannabis for purposes of sale or supply at Noughaval, Doora on August 6. He is also charged with unlawful possession at the same address and date. He is further charged with possession of cannabis and amphetamine for sale or supply when the aggregate market value of the controlled drugs amounted to €13,000 or more. Garda Irene O’Flynn gave evidence of serving the book of evidence on the accused. Inspector TomKennedy said the Director of Public Prosecutions (DPP) had consented to the accused being returned for trial to the next sittings of the Circuit Criminal Court, on bail as set. Legal aid was approved for solicitor Daragh Hassett, one junior counsel and one senior counsel. Judge Patrick Durcan delivered the alibi warning and made the order returning the accused for trial. A MA N has appeared in court charged in connection with an incident of alleged dangerous driving in Scariff almost two years ago. DeclanWard (20), with an address at Derrynameal, Feakle, is charged driving a vehicle in a dangerous manner, which created a substantial risk of death or serious harmat Market Square, Scariff on March 13, 2012. He is further with handling stolen property, 10 cans of cider and the use of the vehicle without the owner’s consent. The court heard Mr Ward made no response to any of the charges after caution. Legal aid was approved for solicitor Daragh Hassett. Mr Hassett said he would not be making an application for bail at this point. Mr Ward was remanded in custody to appear again at Ennis District Court on February 19.

WORK has begun on the regional road through Kilbaha, but the good news stops there for the Loop Head residents.

Last week residents protested when Clare County Council insisted that the regional road through the village of Kilbaha must remain closed as it was seriously compromised by the high tides and winds on St Brigid’s Day, February 1.

This weekend the West Clare area branch of Clare County Council has begun work on “interim remedial works” on 120 metres of the sea wall in the village.

Senior area engineer Cyril Feeney said that this work will allow the council to reopen the road, which is its priority. The work is expected to be completed in just over a week.

Meanwhile for residents in Ross Bay life remains difficult, as it is unlikely that money will be available to repair the local road in the near future.

Children going to St Cuan’s National School, Kilbaha, are being driven up to 50 kilometres daily to get them to school and home. For families like the Magners who live just three kilometres from the school, they must take a round trip of more than 16 kilometres just to make class, as the Ross road is impassable since the Christmas high tides and storms.

For Pat Magner the added time taken to get his children to school is among the least of his worries, as 20 per cent of his farm land has been flooded three times in a month.

This prime grazing land will not be useable until late autumn and will take a huge financial investment to put right. The dairy farmer may even be forced to sell some of his herd affecting his livelihood further.

Mr Magner is not alone in his plight as farmers from all over the peninsula are facing another tough year, having already come through a fodder crisis just last spring.

“No one has given us any assistance or help,” said Mr Magner.

Meanwhile in Kilkee Clare County Council has engaged a specialistconsulting engineer to assess the seawall and Strand Line.

When work can begin on the wall however is subject to if and when financial assistance becomes available from Central Government.

The Strand Line from Jimmy’s Hill to Minster’s Place remains closed to traffic but pedestrian access is being maintained via the town side of the street. Council engineers are monitoring the structural stability of the road and seawall on a continual basis.

KILKEE photographer Noel Gavin has declared himself as the latest candidate to contest the Clare County Council election in the new West Clare area.

Mr Gavin will run under the umbrella group founded by Kilbaha man Jim Connolly, Independent Together.

Although born in Limerick, Noel had been holidaying in Kilkee for more than 40 years before deciding to buy a home there and move to the seaside town two years ago.

While not previously politically active himself, he comes from a Fine Gael family and is outspoken on a number of issues.

“My mother and uncle have been canvassing for Michael Noonan for years and would be expert canvass- ers,” he said, adding that while he has been getting tips from his mother that help stops there as she is committed to Limerick and Fine Gael.

Mr Gavin however believes it is time for a change from the traditional political parties.

“I don’t know how I will do but I think I will feel better for trying. I think there is an appetite out there for someone who is not part of the mainsteam party but who has ideas,” he said.

The photographer who has more than 40 years experience in national and international media said he was also committed to not taking any expenses if he was elected.

The would be councillor has also drawn up a proposal that would see county councillors paid a wage that is half the national average wage of € 35,000, TDs would receive twice that – € 70,000 under his plan, while Ministers would receive three times the national average wage and the Taoiseach four times.

Mr Gavin said he has been pleasantly surprised by the reaction of family and friends to his decision to put his name on the ballot paper.

While his children Noel (22) and Jane (19) are surprised he has not run for election sooner, his sceptical journalist friends have also been surprisingly supporting, he said. A DEVELOPER who raped a Brazilian woman he had asked to clean his house has been sentenced to seven and a half years, after a judge said he couldn’t “buy himself out” of a custodial sentence. Father-of-four Thomas Egan (47) of Cahermurphy, Kilmihill, Co Clare paid over € 10,000 in court to be forwarded to his victim, who has since returned to Brazil. Mr Justice Barry White suspended the final three and a half years of the sentence, noting that Egan had a previous “unblemished record” apart from a minor road traffic offence. Egan was convicted last May by a jury at the Central Criminal Court of raping the 23 year-old woman at a house in Tipperary on July 5, 2010. He had denied the charge. Egan admitted having sex with the woman, but told gardaí it was con

sensual and that she had not shown any fear. During the trial, Seán Gillane SC prosecuting, said Egan had approached the victim on a street in Gort, Co Galway and asked her to clean a house. They travelled to the house in Tipperary in his car and he set out a number of cleaning tasks for her. Upstairs in the house, Egan started to kiss her and touch her body. He tried to take her clothes off and then took her hand and placed it on his penis.

“She knew at that stage he wanted sex. She was afraid if she said ‘No’ to him it would make matters worse,” said Mr Gillane. He then raped her.

Afterwards the woman put on her clothes and asked him to drive her home. The following day, she made a complaint about the incident.

The court heard that she returned to Brazil a short time later. Detective Garda Colette Acton told the court that during garda interviews, Egan maintained there had been consensual sex.

Defence Counsel Brendan Grehan SC put it to the garda that the woman didn’t put up any resistance, to which the garda replied, “she was afraid.”

Conor McKenna BL, also acting for the defence, said Egan had made an unconditional offer of € 10,000 to “ease the victim’s financial woes”.

He said Egan had been unable to transfer the money to the victim until now because of difficulties with IBAN numbers and international transfers to Brazil.

He also said Egan was prepared to offer a further sum to the victim of € 5,000 a year for three years, with the first payment to take place in December. However the court heard Egan would not be able to follow through on this additional offer if his circumstances were “radically altered” by his being imprisoned.

Mr McKenna said Egan was held in high esteem and was a hard-working man who has provided for his family. He said that Egan had used no “gratuitous violence” or threats of any kind towards his victim, “not even a raised voice.” Mr Justice White said that on reading the victim impact report provided by the victim, he did not believe the rape had “a profound psychological effect” on her.

“It strikes me that your victim is more interested in compensation rather than anything else,” he said.

He sentenced Egan to seven and a half years in prison with the final three and a half years suspended.

The judge directed that € 50 given by Egan to the woman at the time of the offence be sent to the St Vincent de Paul.

AN ENNIS man who was trapped inside his home for a number of hours by fallen trees on Wednesday says he fears further damage if storms strikes again.

Terry Hayes was sitting with his daughter and grandchildren at his home in Shallee Drive, Cloughleigh, when he says he heard a loud crack on Wednesday afternoon.

“There was this noise. I didn’t have clue what has after happening until this big tree fell down in the front of the house. Two more trees fells later on,” explained Terry.

Ennis was battered by strong storm force winds on Wednesday with dozens of trees uprooted and knocked over at locations around the town.

Terry says the family were trapped in the house for a number of hours and required the assistance of friends and neighbours to get out.

“The trees fell from a private property. We couldn’t get out. We were ringing the emergency services but they didn’t come but I understand they were probably stretched because of all that was going on around the town.

“I rang someone in the council and they told me to stay inside. I told them I was ringing them because I couldn’t get out of the house!

“I rang friends of mine and they came down with two chainsaws and cut back some of the branches. I was able to get out the front and we man- aged to get the kids out the back,” explains Terry.

Terry says the experience as particularly frightening for his grandchildren. “It was a very scary experience, especially for the kids. I was trying to stay calm but I was shaking inside. All of it happened in the space of 10 to 15 minutes. I’ve never seen anything like it. I have to say thanks to the neighbours for all their help,” he adds.

The trees knocked the boundary wall and damaged a car parked in the front drive way.

“There are other trees that are loose now and the fear is that if we got another strong storm like that they could fall at any moment,” he says.