Category: News

A TEENAGER has pleaded guilty to the robbery of a 73-year-old woman in Shannon.

The 16-year-old boy, who cannot be named for legal reasons, entered the guilty plea after being arraigned at Ennis Circuit Criminal Court yesterday (Monday).

He admits stealing the woman’s handbag, which contained € 40 at the time. The charge relates to an incident at Tullyvarraga, Shannon, in July 2012.

Jurisdiction of the case was declined in the District Court after Judge Patrick Durcan heard details of the robbery.

The court heard woman was walking on the footpath when the accused came up behind her and grabbed the bag.

A Detective Garda gave evidence the victim gave chase but in doing so, fell and broke her pelvis.

A 17-year-old boy has already pleaded guilty to handling stolen property arising out of the same circumstances.

In court yesterday, Counsel for the 16 year old, Elaine Houlihan requested a probation report be prepared in respect of her client.

She said the court was required to seek probation reports where juveniles are concerned.

She said reporting restrictions also applied given her client’s age.

Judge Carol Moran asked if would have to consider the imposition of a prison sentence in respect of the robbery charge.

Counsel for the Director of Public Prosecutions (DPP), Stephen Coughlan BL, said, “When you hear the evidence in the case you may consider a prison sentence.”

Counsel for the 17-year-old boy, Pat Whyms said his client was charged with a handling offence.

He said there was no evidence linking the boy to the original robbery.

He said the court would not have to consider a prison sentence in respect of his client.

Judge Moran adjourned the cases for sentence to March 3.

He directed a probation report be prepared in respect of the 16-yearold boy.

THE people of Cloughnainchy were well aware of coastal erosion and the problems it would eventually cause them.

They had warned the council and their TDs many times during the last decade, but no one was prepared for the destruction the high tide and ferocious winds of January 6 would bring.

The sea invaded 14 homes and it swept away an acre of land out to the sea.

“We couldn’t see the ocean, we can see people walking on the beach now,” said Danny McCarthy, speaking from the back upstairs room of his house that looks in the Atlantic Ocean.

“The ministers and the TDs haven’t a clue as to what is going on or how we are suffering here, and it has been highlighted since 2011 that this was happening then,” he said.

“Erosion is on going, and that is why there was an appeal in 2011, because the area was vulnerable.”

Gerry McCarthy who lived across the road 25 years ago but moved a short distance away said, “We thought it was rectified when they put the culverts in, but this is more serious, this is the Atlantic Ocean.

Martin Clancy is one of the senior members of this small community and he has lived in the area for more than 80 years. He said that he re- members lobbying the council in the early 1990s for coastal protection work, following a similar flooding. “There was [coastal] land to build on at that time. We looked for something to be done and it wasn’t done. All they gave us was one culvert, and we were fighting for it hard. And we fought then for the second one because it wasn’t able to take all the water. We are waiting a long time for that,” he said. “Then we looked for something to be done along the beach, outside the boundary wall of the land. There was a whole lot of land at that stage that they could have built on but they didn’t and now it’s gone – the boundary wall, the land and some of the [private] land inside the wall is gone itself,” he added. Clare County Council has applied for € 2,581,250 to undertake the long overdue work. In its application to central government it proposes the construction of coastal protection over approximately 800 metres centred around rock armour construction. “This section of coastline is in close proximity to 15 to 20 vulnerable private residential properties and it also is required to provide protection of the integrity of the local public road network,” the council said. Two weeks on from the storm and no decision has been made by the Government on the application for funding.

EVERY day Tony must park his car in his neighbours drive and jump over the sand bags to enter his own home.

The pensioner, who does not wish for his full name to be used, fears that if he lifts the sand bags his house will once again be invaded by water from the Atlantic.

Like his neighbours the Clancys and the Cusacks, Tony’s home is not on the sea front, but across the road from those homes that look on to the sea.

On June 7, he was not therefore expecting the storm to bring the high waves crashing through his neighbours’ homes, across the street and into his house and garage.

Thousands of euros of damage was done to the home he shares with his wife, as washing machines, dishwashers, vacuum cleaners and other household electrical goods fell victim to the water.

Two foot of seawater surrounded his home on that fateful morning, a sight he had not ever expected to see.

In the chaos that ensued as emergency services and local authority workers tried to assist, it became clear no one had expected the amount of water that invaded the homes.

“I had difficulty getting sand bags. In the end I had to fill my own using the coal bags we had,” he said.

COMMUNITY activists in Doonbeg have warned that the village and surrounding lands all the way to Cooraclare will be under water if a membrane of land holding back the sea breaks.

The land barrier at Doonbeg Bay was compromised in recent storms that did more than € 800,000 worth of damage to infrastructure of the area.

Tommy Commerford and Tommy Tubridy, both local publicans and local community activists, have now warned that if repair damage and reinforcement work is not carried out soon, the damage to the area will be more severe if there is more bad weather.

“Unless a reinforcement barrier put in there, if the sea breaks it, and it is breaking here already, you are going to have the whole area flooded right down,” said Mr Commerford pointing to land at the edge of the bay just metres from the village on the Dun- more Road.

During the storm on January 7, the land was flooded up to 150 metres from the village, reaching the 50 kilometres per hour sign at the bridge.

“The whole area down to Cooraclare will flood because it is a pure low land caucuses, shragh, land. It is a pure bog land if the membrane goes. “The membrane is only about five metres in parts of it and if it breaks it will sweep the bridge away going down and it will sweep into Shragh and down into the townlands of Cooraclare,” warned Mr Commerford. He said the county council must now look at how best to protect the land bank, as when it is compromised the financial cost and the cost to people’s lives will be significantly more. “Definitely the council need to reassess that whole area. It is a dangerous position,” he said. Two houses along the road were flooded during the storm, but reinforcement works carried out further up the bay saved more homes. The men point to armour rock just metres away that saved their homes and land, previously put under water. “That is what they wanted to do at Doonbeg Golf Course. If that was done at Doonbeg Golf Course there would have been no damage done there,” said Mr Tubridy. There are also concerns for an area across the bay at Rhynnagonnaught. The road leading to the houses in the area was compromised in the storm, and if it is not underpinned it will be completely washed away in the next storm, marooning the residents on an island similar to what happened at Kilcredaun on the Loop Head peninsula.

Clare County Council has requested € 547,500 from central government for the work.

Whitestrand and Doonmore, also experienced € 237,500 worth of damage.

Not only was the sea wall compromised, but holes were also blown open on walls across the road from the sea wall so fierce were the waves and the wind.

Local farmers and neighbours began removing stones from the road at Whitestrand last Wednesday.

As much as 6 to 7 metres of farm land and fencing was also washed into the sea as a result of the storm.

This area will also need to be reinforced with rock armour of galleons the men maintain.

THE section of the M18 which was closed on two separate occasion following a series of traffic accident on December 19 last, was gritted on three separate occasion immediately before being closed.

Clare County Council is to write to the National Roads Authority (NRA) requesting that a risk assessment be carried out a section of the M18 closed to Crusheen, which councillors yesterday claimed was defective.

“A number of people contacted me over the last few months in relation to this section of road. The NRA reply is filled with a lot of jargon about the road,” said Cllr Pat Hayes (FF).

“There was an unfortunate fatality in this area and there seems to be a continous problem with flooding on this section of the road. The people in Crusheen have a real concern about this section of the roadway and this has to be resolved. The NRA have given a very specific answer as to why this section of roadway was closed on the 19th (December) but this is an ongoing issue.

“We need to find out why there have been so many accidents on this section of roads. I am not putting blame on anyone but we need to talk to the NRA get to the bottom of this issue.”

The motion was supported by Cllr Patricia McCarthy (Ind).

“There is something wrong with that road. You have cars aquaplaning when you don’t expect it to happen. I’m not an engineer, but I know as a driver when I don’t feel secure on this part of the road. It is time that they go out and investigate this and get to the bottom it.”

Senior engineer with Clare County Council, Tom Tiernan said that the NRA have carried out investigation on this section of the M18 in the past.

“In relation to the fatality and a number of other accidents I do know that the NRA have come on the ground afterwards and examined what could have been the cause of these accidents,” he said.

GARDAÍ in Clare have recovered more than three quarters of a million euro worth of cannabis plants at three different grow houses on the West Clare peninsula.

Three people were arrested yester- day (Monday) during the raid of two different houses in the Kilkee area, as part of ongoing investigations into the cultivation of drugs in west Clare. On Wednesday half a million euro worth of cannabis plants were discovered in Carrigaholt by local Gardaí working as part of a national operation – “Nitrogen”.

Yesterday afternoon Gardaí in Kilrush arrested a man believed to be a Vietnamese national following the planned raid of the rented house in Kilkee. The number of cannabis plants secured in the raid will not be known until later today (Tuesday) but it has been described by Gardaí as “sizeable”.

The man in his early 50s was arrested and detained in Ennis Garda Station last night under Section 2 of the Drugs Trafficking Act.

Earlier that morning Gardaí from Kilrush discovered 200 cannabis plants, worth an estimated € 160,00, in another rented house in the Kilkee area.

CALLS have been made for a sustained “period of civil disobedience” to take place in Clare following the closure of the acute assessment unit at Ennis General Hospital last week.

The subject was discussed following an emergency adjournment of yesterday’s January meeting of Clare County Council with councillors voting to write to the Minister for Health, James Reilly (FG), to demand that new staff are deployed to the Ennis hospital.

The acute assessment unit was closed for a number of days last week with Clare patients being referred to Limerick, which was also suffering acute overcrowding at the time. The Clare People understands that the closure in Ennis was a result of a single doctor being off on sick leave and a replacement doctor not being made available. A replacement doctor was eventually deployed from but the Ennis unit was forced to close for a number of days.

Independent Cllr James Breen, called for the public to take direct action against the Government in an effort to force the HSE to deploy more staff to Ennis General Hospital.

“It is just not good enough. We have been given promises from minister after minister all saying that we would have a first class medical service here in Clare. We can throw money at everything; we have € 50 million to spent on consultants for Irish Water but people cannot get life or death tests carried out at Ennis General Hospital,” he said.

“I think the time has come for a long period of civil disobedient in this country. People should stop paying their property tax. People in unions should stop paying those unions, because the unions are not doing what they are supposed to.”

The motion was seconded by Cllr Johnny Flynn (FG).

“The population of this county is receiving a second class service when this medical assessment unit in not open,” said Cllr Flynn.

A TEENAGER who claimed she fell into debt to moneylenders has received a 15 month suspended sentence.

The 19 year-old had pleaded guilty to a string of shoplifting offences. She admitted stealing almost € 1300 worth of goods from businesses in Ennis and Clarecastle over an 11 month period.

The case came before Ennis District Court on Wednesday after sentencing was adjourned from December.

Last month, the woman told the court she owed € 1000 to a money- lender in Ennis. Asked by Judge Durcan how she would re-pay the money, the woman said, “I’ll have to give them money out of my dole.”

Her solicitor Tara Godfrey said, “I’ve done what I can to get her to make a statement but she won’t”.

Ms Godfrey said the woman fell into debt because of her cannabis addiction.

“This is not like AIB or the Bank of Ireland, the terms are quite severe. My client was afraid to be at liberty”, she added. The court heard the woman’s father and mother are both dead and her younger brother died when he was just three years old.

The woman was described in court as a “vulnerable person at the end of her tether”. The court heard she was a victim of neglect as a child.

After reading a Probation Report on the woman’s family history and apparent troubles with moneylenders, Judge Durcan said, “In my time as a Judge this is one of the saddest reports I have read.”

He remanded the woman in custody to appear again in court on January 8. On Wednesday, Judge Patrick Durcan said this was a “difficult case”.

Addressing the woman, Judge Durcan said, “I don’t want to imprison you for 18 months but the indications are that if you are at liberty you will continue to re-offend.” Defence solicitor Tara Godfrey said her client would agree to stay out of Ennis.

Inspector Tom Kennedy said it would be helpful for all parties if the case was finalised. Imposing a 15-month suspended sentence, Judge Durcan said the woman was a “persistent shoplifter” who had grown up in “particularly difficult personal circumstances.”

Ms Godfrey told the court her client wanted to thank Judge Durcan, the court services, Probation services and gardaí for their patience in dealing with the case. A T IPPER A RY man accused of illegally cultivating cannabis plants has been sent forward for trial to the Circuit Criminal Court. ColmCafferkey (32), with an address at Demense, Roscrea, is facing three charges under the Misuse of Drugs Act It is alleged Mr Cafferkey did without license, cultivate plants of the genus cannabis, at Ballymulcashel, Sixmilebridge on August 14, 2012. The accused is also charged with having cannabis for sale or supply and unlawful possession of cannabis arising out of the same date and location. Mr Cafferkey first appeared before Ennis District Court in December where a garda Inspector said the matter would be proceeding to trial on indictment. The book of evidence was served on the accused in court onWednesday. Garda Sheila McGrath gave evidence of serving the book of evidence on solicitor Stiofán Fitzpatrick for his client. Inspector TomKennedy told the court the Director of Public Prosecutions (DPP) had consented for the accused to be returned for trial to the next sessions of Ennis Circuit Criminal Court on February 18, 2014. Judge Patrick Durcan delivered the alibi warning and made the order returning the accused for trial. Legal aid was granted for Mr Fitzpatrick and one junior counsel. A N EN N IS man has denied an allegation that he harmed a dog by throwing it against a wall a number of times. Cathal McNamara (22), with an address at Old Military Barracks, Ennis, appeared at Ennis District Court onWednesday. He is charged in connection with an alleged incident that occurred at a named address in Ennis on December 15, 2013. It is alleged Mr McNamara contravened a safety order made at Ennis District Court in June by putting the applicant in fear by allegedly using threatening and abusive behaviour. It is alleged this behaviour included the accused harming a dog by throwing it at a wall a number of times and locking himself into a roomwith a child.The alleged of fence is contrary to the DomesticViolence Act. Defence solicitor Tara Godfrey said she was seeking a date for hearing. She said her client denied what is alleged against himin the charge sheet. Judge Patrick Durcan said the alleged facts, as outlined in the charge sheet, indicated this was a very serious case.The case was adjourned to April 27 for hearing. T W O W ES T Clare man charged in connection with an alleged cannabis find last year have had the charges against themstruck out. Neil Casey (35) and Mark Lyons (25) appeared before Ennis District Court onWednesday. Mr Casey, with an address at Rinemacderrig, Carrigaholt, was alleged to have cultivated cannabis plants without license at Curragh, Feakle on June 18. Mr Casey also faced further charges of unlawful possession of cannabis and having the drug for sale or supply also at Curragh, Feakle on June 18. At a court sitting in December, Inspector Michael Gallagher said the Director of Public Prosecutions (DPP) had directed trial on indictment. Mark Lyons (25), with an address at Fleetrock, Carrigaholt, was charged with having cannabis for sale or supply and unlawful possession of cannabis. In December Insp Gallagher said the DPP had directed summary disposal of Mr Lyons’ case, meaning it was to proceed in the District Court. But onWednesday, Inspector TomKennedy told the court the State were seeking to withdrawthe charges as presented against both accused. He said an issue had developed on the State’s side. Judge Patrick Durcan approved the application and struck out the charges against both accused. A MA N charged with in connection with a serious assault in Ennis last summer will learn next month howthe case is likely to proceed. Michael Doherty (22), with an address at Bay 2, St Michael’s Park, Ballymaley, Ennis, appeared before Ennis District Court onWednesday. He is charged with assault causing harmto a teenager at Bank Place, Ennis on August 13, 2013. Inspector TomKennedy told the court he was not in a position to give directions fromthe Director of Public Prosecutions (DPP). Insp Kennedy said he expected to knowthe views of the DPP by next month. Judge Patrick Durcan adjourned the case to February 2. Defence solicitor Daragh Hassett consented to the matter being put back. T H E B OOK of evidence has been served on a Shannon man charged in connection with a serious assault in a pub.AdamDoody (19), with an address at Cluain Alainn, Shannon appeared at Ennis District Court onWednesday. He is charged with committing assault causing harmat Darcy’s Pub,Tullyvarraga, Shannon on February 9, 2013. Garda Sheila McGrath of Ennis Garda Station gave evidence of service of the book of evidence. Inspector TomKennedy said the DPP had consented to the accused being returned for trial to the next sessions of Ennis Circuit Criminal Court. Judge Patrick made the order and delivered the alibi warning.

A CLARE man who owes almost € 1.8 million is the largest debtor to come before the Personal Insolvency Court so far, the Insolvency Service of Ireland (ISI) has confirmed.

The first sitting at Ennis District Court of the Personal Insolvency Court for the South Western Circuit took place on Thursday.

The case before Judge Patrick Meaghan concerned a Clare man with total qualifying liabilities of € 1.77 million. The man was seeking a protection certificate from the court to allow time to enter into negotiations with his creditors.

Figures shown to the court revealed the man had total assets of € 394,900, a monthly income of € 5,687 and monthly expenses of € 5,994.

The man is a married father of one. The court heard he is an engineer currently working in Finland. His debts concern money owed to financial institutions for commercial premises in Limerick and Dublin along with two buy-to-let properties. In total, the man has 14 creditors.

The man was not present in court but was represented by Personal Insolvency Practitioner (PIP) John Hogan. The ISI were also represented in court.

Judge Patrick Meaghan said the debtor was obviously insolvent. He said he was satisfied to grant the protection certificate. He wished the man all the best. The man now has 70 days to strike a deal with creditors. Judge Patrick Meaghan said he was pleased to see members of the press attending the court sitting. He said the Personal Insolvency Court is a new jurisdiction in which there is a lot of public interest. He said that press coverage had so far been “very fair and balanced”.

He said behind every case are people with difficulties. He asked the media to refrain from identifying the debtor and his creditors. Judge Meaghan added, “It is a matter that is very topical, but hopefully with sensitivity things can be progressed.”

According to it’s website, “The mission of the ISI is to help restore people who are insolvent to solvency in a fair, transparent and equitable way.”

The ISI is an independent statutory body. It was established by the Minister for Justice and Equality, Alan Shatter, TD on March 1, 2013.

Speaking after the hearing, PIP John Hogan said he thought the ISI was “doing a fantastic job”.

“The only problem with the legislation is that it should have happened four years ago. It might have saved a few marriages,” he added.

Mr Hogan said half of the people who have engaged his services as a PIP (8 or 9) come from Clare.

Mr Hogan, an Ennis-based accountant, is one of two PIPs registered in Clare. The other is another Ennis based accountant, John Carmody.

THERE is a ‘huge problem’ with theft in Clare, a Judge has warned.

Judge Patrick Durcan made his comments at Ennis District Court on Wednesday as he imposed a 12month prison sentence on a Romanian man convicted for his role in a number of theft offences.

Emil Brasoveanu (27), with an address at Dun Leinn, Monivea, Galway, was part of a three strong gang who targeted small businesses in West and North Clare in a crime spree on December 17 (2013).

In December, a husband and wife Anton Makula (26) and Anca Grancea (23) of Cluain Rocaird, Headford Road, Galway city, received prison sentences for their role in the offences.

All three had pleaded guilty to various theft charges on three businesses in West Clare.

In December, defence solicitor Fiona Hehir said the couple had “stupidly got involved in the operation” because they needed money for their children’s Christmas presents.

The court heard Mr Brasoveanu wore a ladies swimsuit during the commission of the thefts.

Last month, Sgt Ronan O’Hara of Kilrush Garda Station, told the court the accused wore the swimsuit back to front.

“By wearing it back to front, you can conceal more down the back of it”, explained Sgt O’Hara.

“It’s a new one on me”, said Sgt O’Hara when asked if he had come across this type of theft before.

The businesses targeted were McGrotty’s Medical Hall, Ennistymon, William’s Pharmacy, Kilkee and Miltown Malbay Post Office. All property was recovered, the court heard.

“These people (businesses) were very specifically targeted by these people in a deliberate and organised fashion”, said Judge Durcan at the time.

Praising the actions of local gardaí and the bravery of a post office worker who helped foil the theft of a charity box, Judge Durcan said of the accused;

“Their actions are putting jobs on the line, businesses in jeopardy and leads to a situation where a commu nity could’ve been deprived of essential services.”

On Wednesday, defence solicitor Fiona Hehir said Mr Brasoveanu was an unemployed father of two who committed the offences to get money for Christmas. Judge Durcan said, “I do not believe a single word of what your client has instructed you”.

He said Mr Brasoveanu was part of a gang that had engaged in the “commercial tyranny” of small businesses in West Clare.

“The court has to look on these type of offences with the greatest severity and it does”, he added.

The court heard the accused is currently serving a prison sentence, activated by a Cork court last month.

Judge Durcan imposed a 12-month prison sentence, noting that there is “huge problem with theft in Clare.”

“You can’t have people perpetrating this type of crime against the retail sector which is on it’s knees”, he added.