Category: News

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.

A RARE home performance from one of Clare’s best-known singers will herald the start of a new era for music in the county on Friday.

Maura O’Connell, the Nashville-based singer, will perform at the launch of Music Generation Clare (MGC) in Glór, Ennis, on November 7, at 7.30pm.

The twice Grammy-nominated singer and MGC patron will share the stage with Mike Hanrahan on a night that will celebrate the best in Clare music.

Artists and groups performing include Dave Flynn and the Clare Memory Orchestra Chamber and Vocal Group, Clare Youth Service, Scoil Chríost Rí Trad Rock Fusion Band, and the Burren Children’s Choir.

At 9pm there will be an announcement celebrating the launch of Music Generation Clare (MGC), followed by a performance by Maura O’Connell. MC for the evening will be Marty Morrissey.

George O’Callaghan, Chairperson of the Clare Music Education Partnership, stated, “Music Generation in Clare presents us with a wonderful opportunity to build, develop and enhance the rich musical tradition in County Clare.”

A series of new initiatives delivering music education in school and community settings throughout the county are currently being rolled out by Music Generation Clare. The Escalation primary school singing programme is reaching almost 700 children in more than 20 schools throughout the county, with nine performances in December scheduled to take place. A representation of the schools partaking in this new programme will perform together on the night. The Early Years programme will commence its pilot phase in November, where 3 to 5 year olds will embark on a journey of experiential learning to include live music experience, listening, responding, interaction, performing and composing original pieces. These will be followed by instrumental tuition and song-writing programmes in January, 2015.

“With the wide range of partners supporting Music Generation Clare, it hopes to complement the vibrant music initiatives in the county, to further and ensure access to a high quality music education which nurtures creativity, self-expression, inclusion and a life-long love of music in a generation of musicians of all genres,” explained, Emer O’Flaherty, Development Off cer with Music Generation Clare.

Rosaleen Molloy, National Director of Music Generation, commented, “We are delighted to be working with all of the partners involved in Music Generation Clare to make music education happen for thousands of children and young people in the county over the coming years. Through the combined philanthropic support of U2, The Ireland Funds and local partners over € 800,000 will be invested in music education in County Clare over the next three years and beyond that the programme will continue to be co-funded and supported by the Department of Education and Skills. This exciting launch event marks the beginning of terrif c things to come for music education in County Clare.”

Summerhill house ransacked
BETWEEN7pmonTuesday, October 28, and and 9amonWednesday, October 29, a house in Summerhill, Ennis, was broken into by forcing open the rear window.The house was ransacked.

Kilrush burglary
A HOUSE in the Pella Road area of Kilrush was broken into between noon and 10pmon October 29.A 3 mobile phone dongle and a black Compaq laptop were stolen.

Passports stolen
A NUMBER of passports were stolen following a break in at a house in Ennis last week.The break in occurred in a property at the Hawthorns, Limerick Road, Ennis, when the side windowwas forced open. It occurred between 6pmand 9pm on Friday, October 31.Two Chinese passports, an Irish passport and a yellowsafety deposit box containing cash was stolen.

Burglary in Tobartaiscain, Ennis

A MAN charged in connection with an attempted robbery at a shop in Shannon has appeared before the Circuit Criminal Court.

Gerard Delaney (28) made a brief appearance before the Circuit Criminal Court in Ennis when his case was called on Wednesday.

A day earlier, Mr Delaney appeared before Ennis District Court where he was served with the book of evidence.

Mr Delaney, with an address at Inis Eagla, Shannon, is facing two charges arising from his alleged involvement in an attempted robbery at Mace Stores, Ballycasey Crescent, Shannon on June 24, 2014.

It is alleged Mr Delaney attempted to rob from a woman at the shop on the day in question.

He is further charged with the production of a knife during the course of attempted robbery, contrary to the f rearms and offensive weapons act. At Ennis District Court on Tuesday, Sgt Tim Ryan of Ennis Garda Station gave evidence of serving the book of evidence on the accused.

Inspector Tom Kennedy told the court the Director of Public Prosecutions (DPP) consented to Mr Delaney being returned for trial, in custody.

Legal aid was approved for solicitor John Casey and one junior counsel. Judge Patrick Durcan delivered the alibi warning and made the order returning the accused for trial.

The case was called before Judge Gerald Keys in the circuit court on Wednesday.

Defence solicitor John Casey said he was seeking to have the matter adjourned to the call-over of cases on January 12, 2015.

Judge Keys remanded Mr Delaney in custody to appear again in court on January 12, when a date for trial will be f xed.

rity staff member Aidan O’Connor and Mr Cooper.

“I was taken from behind and put out the door for no reason”, he said.

Mr Sherlock said he repeatedly asked to see the manager but was pushed back by Mr Cooper.

“Kevin Cooper kept pushing me till I fell to the ground and when I was on the ground, I received a kick to the head”, he added. The court heard Mr Sherlock was taken to Limerick hospital where he received four sta

IS IT a bird? It is a plane? No, it actually is Superman. The hunt is on to discover the true identity of a mystery man who has taken to running along the dual-carriageway from Bunratty to Shannon dressed in a full Superman outf t. The Clare man-of-steel, who is believed to be a student in the Shannon College of Hotel Management, caused a big stir last week when he was spotted by motorists running the wrong way along the N-18 between and Bunratty and Shannon.

A large number of people reported spotting the runner early last Wednesday morning, October 29, with a number of motorists also reporting the bizarre incident. A picture, reported to by the mystery man himself, was posted online last week but, just like Superman himself, The Clare People has as yet not been to discover his true identity.

A spokesperson from the National Roads Authority (NRA) yesterday warned against people running on the N18, describing the practice as dangerous and a potential hazard.

All runners, cyclist and people using low powered or slow vehicles are prohibited from travelling on motorways, with runners only allowed on National Primary Roads with the permission of the Gardaí.

“The NRA would not recommend that anyone would run on this stretch of road,” said Sean O’Neil from the NRA.

“Runners are not permitted on the motorway under any circumstances. They are considered to be putting both themselves and motorists at risk.”

It would have taken the mystery runner more then half an hour to run the 8 kilometre roadway between Bunratty and Shannon – with the runner most likely turning off the main road just before it became a motorway.

THERE were unruly scenes at the Central Criminal Court in Dublin last week after Michael Maughan of Stone Court, Ennis, was convicted of murdering Piotr Nowakowski (peter nova kovskee) in Ennis last year.

Supporters of the accused man shouted abuse at the jury and overturned a bench in the court room.

It took the jury under 2 and a half hours to unanimously convict Michael Maughan (40) of the murder of Piotr Nowakowski at Sandf eld Mews in Ennis in July last year.

He had admitted manslaughter. The jury heard he stabbed the Polish man twice after they’d spent the day and night drinking together.

In a victim impact statement relatives said his loss is like ‘a big sadness taking our soul’.

Maughan’s lawyers offered his apologies and said he really regrets what he’s done. Justice Paul Carney imposed the mandatory life sentence for murder and the court rose.

After that there was uproar as a couple of Michael Maughan’s supporters overturned a bench and hurled verbal abuse at the jury before gardaí intervened to restore order.

Michael Maughan, had pleaded not guilty to murder but guilty to the manslaughter of Piotr Nowakowski, aged 31, at Sandf eld Mews, Ennis, on July 23, 2013.

The Central Criminal Court was told that the manslaughter plea was not acceptable to the prosecution and a jury was sworn in for the one-week trial. Maughan had also pleaded not guilty to assaulting Declan O’Dea at the same address on the same date. The jury of seven men and f ve women found him guilty on both counts by unanimous decision after two hours and 23 minutes.

Mr Justice Paul Carney handed down the mandatory life sentence for the murder to run concurrently with four years for the assault. He backdated both sentences to July 24, 2013, for time spent in custody.

Mr Nowakowski was stabbed twice and died in an ambulance on the way to Shannon Airport, from where he was to be airlifted to hospital in Cork. The court heard that Maughan and his brother had been drinking with the men in the apartment in the Sandf eld complex earlier that day and returned there that night.

He told gardaí he was angry when he was not allowed in.

He said he lifted his brother in through a window so he could let him in the front door.

Maughan told gardaí that he went into the bedroom where Mr O’Dea and Mr Nowakowski were asleep.

After Mr Nowakowski followed him into to the kitchen, he got paranoid and grabbed a carving knife from the counter.

He told gardaí he “just went berserk” and he stabbed him twice in the side. The court heard the deceased received several blows and was stabbed before receiving a further kick to the head.

A JUDGE is considering imposing a two-year prison term on a woman for what he called a “vicious assault on a completely innocent person”.

The 20-year-old woman pleaded guilty at Ennis Circuit Criminal Court on Friday to robbery of a handbag and items with a total value of € 1780 from a woman on O’Connell Street, Ennis on September 2, 2014.

After hearing details of the drink fuelled robbery where the female victim was punched, kicked and pulled to the ground, Judge Gerald Keys said he had in mind a two-year prison sentence.

“This type of carry on has to stop”, the Judge said.

Judge Keys also noted the victim was too intimidated to come to court.

Garda Darren Lynch told the court gardaí met the female victim in a “quite distressed state” after responding to reports of a robbery outside the Old Ground Hotel at around 11.50pm on the night in question.

He said swelling was visible on the woman’s face.

The court heard the victim was walking on O’Connell Street when she noticed someone walking behind her.

As the woman neared the entrance of the hotel, her attacker ran in front of her and asked her for a cigarette.

The woman said she did not smoke and at this point the accused made an attempt to cover her face. Garda Lynch said at this point, the victim became afraid.

He told the court the accused then punched the woman twice, knocking her to the ground.

After attempting to grab the woman’s bag, the accused then kicked her a number of times.

“At that moment she described herself as screaming for help”, Garda Lynch said.

Asked if the woman had been informed of her right to make a victim impact statement, Garda Lynch said she had.

However Garda Lynch said the woman has not been herself since the attack.

He said the victim was afraid to come to court because she knows her attacker.

“She would feel intimidated by coming here,, he added.

The attack was witnessed by a taxi driver.

“He witnessed the attack and the ferociousness of the attack”, Garda Lynch said.

The accused was arrested half a mile away approximately 70 minutes after the robbery.

The accused also discarded the handbag on O’Connell Street and all items were recovered.

The accused was arrested and told gardaí she consumed a f agon of ci der, two bottles of wine and a few cans prior to the robbery.

However Garda Lynch said the woman later minimised the amount she had drunk.

He agreed with Prosecuting Counsel Stephen Coughlan’s view the attack was the product of the accused’s “bad temper and the consumption of liquor”.

Defence Counsel Pat Whyms said his client is “very sorry for what she did”.

Judge Keys said, “I regard this as a vicious assault on a completely innocent person”.

He said he had in mind a two-year sentence. However Judge Keys adjourned f nal sentencing after requesting further clarif cation of issues raised by the defence in relation to the personal circumstances of the accused.

The woman was remanded in custody to appear again in court on November 7.