Category: News

TWO KILRUSH pubic houses have been ordered to close and the publicans to pay fines for selling spirits on which no duty was paid.

Describing Michael Johnson of Johnson’s Bar, Henry Street, Kilrush as “the worst kind of publican” District Court Judge Patrick Durcan fined him € 4,000 and ordered him to close the pub for seven days from February 4.

“I do not accept he bought these bottles over the counter from someone he did not know and if he did he showed a level of irresponsibility,” he said at the hearing in Klirush on Tuesday.

Mr Johnson had pleaded guilty of having 14 litres of vodka on which appropriate rate of alcohol products tax had not been paid_ Contrary to Section 79 (2) &(7) of Finance Act 2003 as substituted by section 62 of the Finance Act 2005.

In evidence to the court Customs and Excise officer Chris Mulqueen outlined that he called to Johnson’s Bar, on June 20, 2013 and located the bottles of vodka for which no duty had been paid.

He took samples from a bottle of this vodka, tests confirmed that it was under strength and inconsistent with “Smirnoff vodka”. The sample recorded a 33.1 per cent volume as opposed to a 37 per cent volume.

The court heard that Michael Johnson had been running the bar and could not confirm where he got the vodka. He was asked for documents to confirm purchase but did not produce these documents.

Solicitor for the defence Patrick Moylan said his client had paid € 144 for 12 bottles of vodka.

He told the court that if Mr Johnson could identify the seller he would, and that it was not unusual for people to turn up and the pub to sell alcohol.

He said Mr Johnson told him the pub is due to close at the end of February.

Mr Moylan said his client was a good publican and had never been in court before.

Judge Durcan said, “Mr Johnson bought drink from someone he doesn’t know, the quality he knew nothing about and he shelled that out to his customers.”

“In my view, he is the worst kind of publican you can find and not someone who in my view should be authorised to hold a publican’s licence.

“Any publican not knowing the source of alcohol and then dishes it out to their customers – don’t tell the court that he has been a good publican,” he added.

The district court judge said he sympathized with the licensing trade as it was “under extreme pressure.”

He said it was important that customers had faith in their publican however, and it was important that other law-abiding publicans were not put at a disadvantage.

In a separate, but in the words of Michael Linnane, prosecuting for the revenue commissioners, “similar case” the judge fined David Bond of Sheananigans Public House, Frances Street, Kilrush € 2, 500.

He ordered that the public house be closed for two days.

Mr Bond pleaded guilty to not paying the appropriate duty on 10 Litres of spirits.

Customs officer John Grehan gave evidence of finding what he described as “counterfeit vodka” in Shenanigan’s Bar on May 31, 2013.

He said Mr Bond “made frank admissions. He told us where he got it and co-operated fully. He has no previous convictions.”

Solicitor for Mr Bond, said his client was “shocked when he discovered the alcohol was not genuine”.

Mr Linnane informed the court that the maximum fine in cases like these was a fine of € 5,000, which could be mitigated to no less than € 2,500. There is also a mandatory closure order in respect of this, which had to be a minimum of two days, but no more than seven days.

A KILKEE man was fined € 1,000 for hitting a garda with the wing mirror of his car when he drove off “ at speed”.

Eoin O’Shea, Miltown Road, Kilkee pledged guilty to assaulting Garda Adrian Cosgrove on June 6, 2011 Contrary to Section 2 of the Non Fatal Offences Against the Person Act 1997 at Kilrush District Court.

The court heard that the garda was out of work for two weeks due to resulting pain to his hip and leg.

Mr O’Shea was also accused of unlawfully impeding Gda Greg Gander in the course of his duty, when he wanted to search his car under Section 23 of the Misuse of Drugs Act 1977/84.

The court was told that the 28-yearold defendant was parked outside a hotel at Circular Road, Dough, Kilkee just after midnight when Garda Cosgrove asked him for his licence.

The window of the car would only go down a few inches and there was also a dog in the car “and anxieties rose” explained Joe Chambers, solicitor for the defence.

“He handed out the driving licence and NCT showing it had failed,” he added.

The gardaí then asked Mr O’Shea to get out of the car.

Mr Chambers said his client was embarrassed and he panicked.

He asked gardaí to meet him further up the road where they could search his car, but this may have got lost in the moment, according to the solicitor.

Fining the defendant € 1,000, Judge Patrick Durcan said, “ I dislike cases that come before the court that show disregard for the state.”

JAILED peace activist Margaretta D’Arcy may serve the remainder of her sentence in Mountjoy, a court has heard.

The 79-year-old writer was arrested and brought to Limerick women’s prison earlier this month after failing to sign a court bond forbidding her from entering areas of Shannon Airport unauthorised to the public.

Ms D’Arcy, of St Bridget’s Place, Woodquay, Galway and her co-accused Niall Farrell (60), of Ballynacloghy, Maree, Galway, were convicted last month of interfering with the proper use of Shannon Airport by going onto the main jet runway with- out permission.

The pair held a peaceful protest on the main jet runway of Shannon Airport on October 7, 2012.

They denied the charge but were convicted and each given a three month prison sentence. The term was suspended on condition both enter a bond to be of good behaviour and refrain from entering areas of Shannon Airport that are unauthorized to the public.

Ms D’Arcy’s refusal to sign the bond led to the activation of the sentence. Ms D’Arcy and Mr Farrell were before Ennis District Court again on Wednesday.

They are accused of interfering with the proper use of Shannon Airport by going on the runway without permission on September 1, 2013.

The alleged offence is contrary to the Air Navigation and Transport Act.

Both accused deny the charge. Their cases were before the court to fix a date for hearing.

Inspector Tom Kennedy sought to have amendments inserted in the charge sheets for both accused. In response to questions from Judge Patrick Durcan, Insp Kennedy said he had not served notice of his application to the accused.

Ms D’Arcy is representing herself. Mr Farrell told the court he had asked Insp Kennedy to send all disclosure to his solicitors in Belfast.

Insp Kennedy said he was aware Mr Farrell had instructed solicitors in the matter but had not received any correspondence from them. He said papers would be sent to Mr Farrell’s legal representatives.

Judge Durcan directed the State supply all discovery to the accused. He also ordered the State to serve notice of the application to amend the charge sheet to Ms D’Arcy He adjourned both cases to February 13 when preliminary matters will be dealt with.

Ms D’Arcy urged Judge Durcan to strike out the charge. “It would save a lot of time if you threw this case out”, she said.

Mr Farrell later told the court there is a “likelihood” his “fellow peace dissident” would be transferred to the women’s unit in Mountjoy prison.

ONE of Clare’s oldest traditional music festivals has been short listed for the prestigious IMRO Music Festival of the Year 2013 award.

The world famous Willie Clancy Summer School in Miltown Malbay is in a strong category that includes Electric Picnic, Other Voices, Music Trail, Body and Soul, Longitude, Life, Sea Sessions, Kilkenny Rhythm and Blues, Galway Arts Festival and the Temple Bar TradFest.

More than 8,500 members of IMRO (Irish Music Rights Organisation) nominated their favourite Irish venues and festivals for the awards.

The Best Live Music Festival of the Year will be announced at a special prize giving ceremony, which will take place on Tuesday, February 4.

There will also be a special Hot Press Readers Award presented at the event for Hot Press Best Live Music Venue, as voted by the general public, and by readers of Hot Press Magazine.

The award ceremony will take place at the IMRO HQ from 6.30pm to 9.00pm and will be presented by Paddy McKenna from RTÉ 2FM.

Live Performances on the night will include Kodaline, Gavin James and I Am The Cosmos.

The Willie Clancy Summer School said they are happy to be nominated in the category and are in “good company”.

The members are now just philosophically waiting “to see what happens”.

A NUMBER of local drivers in Crusheen have stopped using a section of the M18 because of fears about that safety on part of the M18, north of Crusheen.

That is according to Cllr Pat Hayes (FF) who has written to the National Roads Authority (NRA) requesting that they conduct a safety audit of the road and reduce speed limits to 100 kph in the area.

This following a recent spate of accidents in a section of the M-18 north of Crusheen over the Christmas period. For the last three week the NRA has displayed a sign warning motorists top exercise “extreme caution” on this section of road.

“There is a genuine concern amongst local people regarding this stretch. Most local are now reducing their speed when they come to this section of the road and I know of some people who are avoiding the road altogether,” said Cllr Hayes.

“The difficulty then comes for people who are not used to driving on the road; they don’t know of the particular dangers that seem to exist there. I think the fact that the NRA have put up this sign on the road shows there there is some sort of issue here.”

A spokesperson from the NRA yesterday confirmed that the NRA place the a sign, with what he described as “strong language” on the M18. The signs was put in place follow a request from the Gardaí in the wake of a number of recent accidents.

At the time of going to press the NRA spokesperson could not confirm if the roads organisations plans to conduct safety audit on a stretch of the M18, north of Crusheen.

It was also confirmed that this section of the M18, which was closed on two separate occasion on the same day following a series of traffic accident over the Christmas period, was gritted on three separate occasion on the day of the spate of accidents.

HUNDREDS of farmers in the Burren could be in line for a € 20 million boost if the Department of Agriculture decide to fully fund the rollout of the Burren Farming for Conservation Project (BFCP).

The programme, which is funded until the end of 2014, was mentioned in the draft publication of the Rural Development Programme (RDP), which had just been published. According to the report, a total of € 5 million will be allocated each year to fund the BFCP and other such programmes between 2015 and 2020.

The Carron-based programme currently supports essential environmental developments on more than 100 farms in the Burren. The group and the Burren IFA have been campaigning for the full rollout of the scheme to the entire Burren National Park, a move that would cost an estimated € 5 million.

The BFCP is a pioneering project in the world of environmentallyfriendly farming, and it is not clear which organisation could compete with it for a share of the € 5 million.

“This is a draft document and nothing has been finalised yet. There is a tentative budget of € 5 million per annum in the report but we don’t have a clear idea where we stand at the moment. We are still in limbo to a certain extent,” said Brendan Dunford of the BRCP.

“All we can do is keep working with the Burren IFA and the National Parks and Wildlife Service to convince people of the merits of the scheme. There is a still a few months to go before the budget for the Rural Development Programme in finalised and all we can do is keep on the pressure until that time.”

The BFCP has been in operation in Clare since 2009, and grew out of the BurrenLife Project, which was Ireland’s first ever programme for conservation farming.

THE St Stephen’s night storm was responsible for 61 per cent of all of the Christmas callouts for Clare’s Fire and Rescue Service.

As many as 70 of the 115 incidents attended by the emergency services between December 20, 2013, and January 3, 2014, involved falling trees on the night of December 26, at a cost of approximately € 60,000 to the Fire Service.

Meanwhile, non-weather related callouts – 45, were down across the county for a fourth successive year.

The call-out figures for the period were less than those recorded during the corresponding periods in 2010, 2011 and 2012 when the Fire Service was mobilised to 81, 64 and 48 incidents respectively.

This Christmas, six of the callouts related to house fires with a further six call-outs involving chimney fires, while fire-fighters also attended 14 road-based incidents, foor agricultural building fires, three storage building fires and five false alarm.

The busiest station this Christmas was Ennis, attending to 61 of the calls, followed by Shannon who attended 23.

“This was one of the busiest periods experienced by Clare County Fire and Rescue Service since the serious flooding which affected Clare in November 2009,” explained Adrian Kelly, Chief Fire Officer.

“The extremely windy conditions late on St Stephen’s Day and in the early hours of December 27 brought down a lot of trees throughout the county leading to some roads being blocked. Furthermore, other roads were impassable for a time due to flooding brought about by heavy rain. Due to the assistance of members of the public, together with staff from Clare Local Authorities, we were able to deal quickly with these incidents so as to ensure any disruption was minimised,” he said.

IRISH folk star, Luka Bloom, has joined a host of Clare’s finest musicians to record a single to help raise money for the Lahinch Playground Rescue Fund.

The playground, which was completed just three years ago, was devastated by Storm Catherine, which ripped away most of the ground works and cause damaged estimated to be well in excess of € 100,000.

The song, ‘Seaweed in Ennistymon’ was written by local musician Darragh McGlynn as he listened to the storm from his sea front property in Lahinch.

“I live by the sea front in Lahinch and we were getting trashed by every high tide. I worked on the song right through the storm and it was pretty much finished by Sunday night,” said Darragh.

“On Monday night, I went to a session in Cooley’s in Ennistymon and played it there. Everybody loved it, they were singing the song back to me before I had finished it. Within a week it was recorded and the rest is history.

“It was great to get Luka Bloom involved. He was a big fan of the song – he was all over it once he heard it. He played guitar and sang with me on the chorus and we were all really happy in the way that it turned out.”

Alongside Luka and Darragh, the song also features some of the vest of Clare musicians including Yvonne Casey, Quintan Cooper, Jon O’Connell and Adam Shiparo.

The song is currently available to download from I-Tunes for a cost of 99 cents. Darragh and Luka Bloom will perform the song at the Lahinch Christmas Frolics which will take place at Lahinch Seaworld this Saturday. Proceeds from the song will be donated to the Lahinch Playground Rescue Fund.

It was confirmed last week that the damage done to the Lahinch Playground by the recent storm will not be covered by insurance. The playground was sealed off to the public for 10 days amid fears that the ground works in the area might be unstable.

The Lahinch Playground Rescue Fund committee have launched a number of fundraising drives locally in recent days including a Wellington Collection Campaign as well as asking people to purchase sponsored bricks.

A special account for donations has been set up at account number 02334222, sort code 93-51-58. For more info search for “Lahinch Playground Project” on Facebook.

AER Lingus passengers planning to fly from Shannon Airport to Boston have been forced to cancel or postpone their flights as the new schedule has been delayed yet again.

The New Year round transatlantic schedule was initially to begin yesterday (Monday), but the new flights have now been delayed until February 4, leaving customers high and dry.

The options being offered to disappointed passengers by the airline in clude changing travel to a later date or flying with Aer Lingus from Dublin to Boston, with ground transportation being provided between Shannon and Dublin.

Alternatively, customers may choose to cancel their travel plans, and receive a full refund.

The airline has attributed the delay to an “unforeseen scheduling delay” with the delivery of a new B757 aircraft.

At first the plan for the ShannonBoston flight was held up for one week with a new start date of January 26 announced.

That was postponed again yesterday by just over another week.

Last July the airline announced that it was to begin a year round daily schedule to Boston and New York, having cut back on the winter schedule in 2011 due to losses.

The new service to begin in February will use two Boeing 757 aircrafts, which will be smaller than the Airbus 330 aircraft currently in use. However the number of flights to Boston will increase to five times a week from next month and will reach seven days a week in March. During the summer months 12 flights a week will travel to the US from Shannon, compared to seven last year.

BARBARA Cusack knew nothing about the flood in her home until she stepped on to the floor at 6am on the morning of the flood.

“I was woken by the rescue people who knocked on the door around 6am to see if we were okay. That was the first I saw of it,” she said.

Immediately she feared for her daughter who was just days from giving birth.

“I told her she would have to move out of the house somewhere when I saw all the damage in the area. How would she get to a hospital?” she said.

Since then Charlotte has given birth to a healthy boy Shane Joseph, but now Barbara fears the house is not safe to bring her first grandchild home.

The oil is still not working, she explained, making looking after her husband who is ill all the more difficult.

It is also making it more difficult to dry out the house and get life back to normal.

For three days after the storm, Barbara, like her neighbours, had to contend with no sewerage system, as the water got into the system and the nearby pumping station.

Barbara explained getting on with every day life is difficult as people try to dry out their houses, replace every day white electrical goods and live in fear of the next wave.