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Calls for ‘civil disobedience’

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.

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‘One of the saddest probation reports I’ve ever read’

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.

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Man in court with debt of €1.8m

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.

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Shoplifters used back to front swimsuit for thefts

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.

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€500k legal bill ‘crippling’ town council

ENNIS Town Council is facing legal bills of over € 500,000 arising from two separate High Court cases.

The local authority says it is “seriously concerned” regarding the number of High Court cases, which are falling to the council.

Following a number of High Court hearings, the council last year secured a settlement in relation to a case taken on the Ennis Casual Trading Byelaws 2011, which represented a challenge to the Casual Trading Act 1995. The case concerned the status of casual trading vis-a-vis market rights. According to the council’s 2014 budget report, the overall cost in this case amounted to € 147,000.

The council is also currently involved in a High Court case regarding the de-regulation of the taxi industry.

In his report, town manager Gerard Dollard states, “The case has been in process for a number of years and commenced in November 2013. The case has been taken against the State (Minister and Attorney General). A number of sample cases are being heard including three involving Dublin City Council and one involving Ennis Town Council.

Mr Dollard said the council has made efforts to run the case on a cost effective basis. However the case is still at hearing and Mr Dollard told the council’s annual budget meeting that the costs at this point are in excess of € 400,000. The council recently received an interim bill from Counsel for € 191,000.

Mr Dollard states, “The council has firmly put the view to both the Department of the Environment, Community and Local Government and Department of Transport, Tourism and Sport that the costs of cases involving challenges to national legislation and regulation should not fall on the local authority.”

Mr Dollard told Tuesday’s meeting the council will receive € 250,000 from the Department of the Environment towards the cost of the court cases.

Cllr Peter Considine (FF) described the bills as “crippling” and asked if the council can challenge the Department’s decision not to cover the cost of the entire legal process.

Cllr Tommy Brennan (Ind) said the decision by the Minister for the Environment to part fund the legal bills represented an admission on his part that his office was responsible for the total cost. “I would go back to the Minister and say pay for all of it,” he said.

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CCTV captures effects of storm on Lahinch

AMAZING film from CCTV cameras at the playground in Lahinch during the early hours of Monday, January 6, shows massive waves sweep away recycling bins weighing half a ton as the playground disappears under water.

Clare County Council’s Paul Moroney, who monitored the footage explained that no human could have survived the ferocity of the waves and a car would have been crushed with the impact.

The senior engineer with the council’s water department showed the film to county councillors at a special meeting on Friday last in an at- tempt to depict the terrifying weather conditions the people living along the county’s coast were exposed to during the end of December and early January.

Shortly after 3am on the fateful morning a wave dislodged the bottle and can banks weighing 250kg each.

Three minutes before 5am all of the bottle banks were dislodged and moving at speed with the force of a wave across the playground.

Half an hour later the film captured the playground now under water and the final bank – the half tonne back containing wet clothes, being swept across the screen.

Just 20 minutes later, at 5.50am, the playground was full of water with none of the play equipment visible.

Mr Moroney explained that in flood hazard terms the area was calculated to be “extremely hazardous”, “making it hazardous to life”.

Just seconds later a wave took out the streetlights, and even though the cameras kept running the screen was black and the only sound came from an angry sea.

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Ennis sets its sights on Tidy Towns award as council increases funding by €4,000 to group

ENNIS’ effor ts to become Ireland’s tidiest town have been boosted by a € 4,000 increase in funding from Ennis Town Council.

At the council’s annual budget meeting last week, members unanimously voted in favour of a motion to allocate extra funds to the Ennis Tidy Town’s Committee.

Cllr Tommy Brennan (Ind) proposed cutting by half money allo- cated for the mayor’s allowance in 2014.

The Ennis councillor told the meeting the money could instead be given to Tidy Towns as Ennis would only have a mayor for another six months.

It is expected that the town council will be replaced by a municipal authority after this year’s local elections.

Cll r Brennan’s proposal came in response to a suggestion put forward by Cll r Brian Meaney (GP).

A Fianna Fáí l candidate in the 2014 local elections, Cll r Meaney called on the council to increase the increase the cost of using the town’s automated public toilets from 25 cents to 50 cents.

The meeting heard the proposal would generate additional income of € 2, 000.

The council estimates it will cost € 70, 000 to maintain and service the two ‘superloos’ in 2014.

Cllr Meaney’s proposal was supported by Cllr Johnny Flynn (FG) who said some of the extra income should go towards tackling the “graffiti epidemic” in the town.

However it was strongly opposed by other councillors. Cllr Brennan said, “For anyone even to suggest it is disgraceful.”

The council will give a contribution of € 16, 000 to Ennis Tidy Towns. Cllr Brennan said an extra € 4,000 could be found by cutting the mayor’s annual allowance. Cll r Brennan’s motion was unanimously voted through by all nine members. Cllr Meaney’s motion was defeated by five votes to four.

Town manager Gerard Dollard told the meeting the council would also look favourably on any application from the Ennis Defibrillator Committee for community grant funding. This was after a request from Cllr Paul O’Shea (Ind).

Going down on his knees as Tuesday’s meeting neared conclusion, Cllr O’Shea urged the council to provide financial support to the committee.

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Storm repairs to cost €24m

IT WILL cost almost € 24 million to repair storm damage to 60 kilometres of coastline and 35 specific areas of Clare County Council managed infrastructures, with bills for the Office of Public Works, to private individuals and community groups expected to run into millions of euros more.

According to the Preliminary Storm Damage Report submitted to the Government by the local authority on Friday, it was the “worst experienced in living memory”.

More information relating to infrastructure the council maintains is the responsibility of the OPW will be forwarded to the Department of the Environment, Community and Local Government in the coming days.

These areas in question include Kildysart, Ballynacally, the Shannon embankments at Shannon Airport and Doonbeg at the site of the golf course.

“Clare County Council accepts there has been further significant damage to infrastructure not under the control of the council, in particular to estuary embankments along the Shannon Estuary and strategic tourism enterprises. An assessment of this damage will now be completed for the Government’s consideration,” said the county manager Tom Coughlan following a special meeting of the council.

The largest cost to the council will be repairing the promenade and dealing with the compromised rock armour at the seaside resort of Lahinch at € 5.84 million.

The county’s most westerly village of Kilbaha was also extensively damaged with repair work estimated at € 3.42 million, and a further € 622,000 estimated for Kilcredaun where six families were isolated from the main land for days.

Cloughaninchy, Quilty, which was the sight of devastating damage to homes is estimated to cost € 2.58 million.

Damage at New Quay is also over a million euros estimated at € 1.84 million with € 1.12 million of damage estimated to the N67 road at Moneypoint, Kilrush.

Senior engineer Tom Tiernan, who compiled the report, warned that the figures are as realistic as they can be at this early stage and are subject to change. He explained the vast bulk of the report relates to the destruction caused by the high winds and surging tides throughout the length of the Clare coastline through the first week of 2014.

“The vast bulk of damage caused by the first of the aforementioned three storms was most severely impacting inland – within 10 miles of the north and west coasts of the county. The vast bulk of the impact of the latter two events manifested itself at several locations along the county’s entire coastline and their respective severities are explained by the coincidence of very high tides, extremely low pressure centres moving in a south-west to north-east direction off the west coast of Ireland and severe south-west to west winds gusting at speeds of up to 150 km/hr onto the coastline,” he said.

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Lisdoon’s top at Young Scientist

YEARS spent studying the ocean off the North Clare coast paid off for Lisdoonvarna student Stephen O’Connell last week after he took first place in the Biological and Ecological Category of the BT Young Scientist Exhibition.

Stephen was one of six students from Mary Immaculate Secondary School to receive an award at this year’s Young Scientist. Indeed, nine of the 10 Clare projects at this year’s event came from Lisdoonvarna, with one project from Scoil Mhuire in Ennistymon also making the final.

Stephen, whose father fishes off the coast of Doolin and Liscannor, has entered the competition on two previous occasions, with each project exploring different aspects of fishing in the area.

Stephen profiled more than 1,200 crabs caught off the Clare coast and developed a method for separating low quality and high quality crab meat. His work could have a major impact on the quality of crab being produced by the Irish crab industry.

The school also had great performances from Rhianna McMahon and her brother Keelan who took second place in their category as well as winning the EMC Data Hero Award.

Second year students Tess Casasin Sheridan and Aoife Doherty received the Geological Survey of Ireland Award for their project while David Sims was Highly Commended for his project.

“This is Stephen’s third year in the exhibition and they all have been building in the same area. His father and his uncle are both fishermen so that is what Stephen knows best. It is a great advantage to have a project that the student has an interest in and has a lot of knowledge around,” said John Sims of Mary Immaculate Secondary School.

“Keelan and Rhianna did very well as well, coming second in their category and also winning the EMC Data Hero Award. This award is for data analysis and they had 20,000 lines of data in their project which was a great achievement.

“The standard was so high this year and I think everyone did really really well. It was above my wildest dreams that everyone did so well. It was a great achievement.”

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Full funding urgently needed for work

ONE hundred per cent of the € 23.76 million requested by Clare County Council from central government must be forthcoming and soon if the local authority is to begin restoring the storm ravaged county. That was the message from county councillors at a special meeting on Friday, during which warnings were issued that lives will be lost if the infrastructure is not repaired immediately.

Cllr Richard Nagle (FF) said that one such urgent case was the main thoroughfare to the tourist attraction – the Cliffs of Moher.

“If something isn’t done at that location and other locations highlighted in this report, what is going to happen? Is it that that road will simply collapse and it is very close to that now? And if the road collapses, without ever talking about loss of life, it is going to result in a huge loss to the local economy, the main way to the cliffs will be collapsed and it will cost millions then. Whatever it is going to cost now that the road it there it will cost a lot more to be rebuild,” said the North Clare councillor.

He added however that priority must be given to people displaced by the storm and sea swells.

“We need a swift response from central government and a swift allocation of funds to start this work as a matter of urgency,” he said.

Cllr Michael Hillery (FF) was not confident that the close on € 24 million will cover the cost of the “damage I have seen along the coast line”.

Senior engineer with Clare County Council Tom Tiernan said the coun- cil will be working hard to restore local authority infrastructure.

He said the council’s focus would also be in making serous inroads into the village of Kilbaha in the coming weeks and Clahane north of Liscan nor “where serious damage has been done and a number of other areas where access is seriously curtailed”.

“We are a long way from having Lahinch ready for what is needed for the tourist season, but we will achieve it. This is something that is obviously very important to the county during the tourist season.”