Category: News

A DIRECTOR of a Kerry-based bus company has been fined in relation to an oil spill that led to multiple accidents and major tailbacks on the Limerick to Galway motorway earlier this year.

At Ennis District Court on Thursday, Patrick Kennedy, a Director of Kennedy Coaches, Main Street, Annascaul, Kerry, recived a € 250 fine.

Mr Kennedy denied a charge of having his coach in such a condition that would have rendered the vehicle dangerous to the public.

The charge arose from an incident that occurred on the motorway on February 1, 2013.

The driver of a Mercedes Benz bus bringing students from Tralee to Galway pulled over near Hurler’s Cross after noticing the oil spill.

He immediately contacted the owner who contacted Shannon gardaí, the court heard. The two-mile long slick shut the motorway and forced Gardaí to close a 10km stretch of road resulting in massive tailbacks.

There were five accidents as a result with one person injured. The oil slick occurred on the day of the Waterford Crystal hurling match between Clare and Cork. Many of the Cork players were delayed getting to the game in Sixmilebridge. Throw in was delayed by an hour for the match that Clare won.

Judge Earley convicted Mr Kennedy after PSV Inspector Garda Brendan Condon said the coach was not in good overall condition prior to the incident because of a serious defect in relation to its fuel tank that would have rendered the vehicle dangerous to the public.

Garda Condon told the court a bracket used to hold up the one of the fuel tanks had been fractured.

Judge Earley said that he accepts that Mr Kennedy “is a conscientious businessman and did his best to mitigate the difficulties that the defect in his coach caused”.

The judge said that he accepted there were substantial mitigating factors. The court heard the bus passed a safety test nine weeks prior to the incident.

The defect in the fuel tank was also subject of a recall by Mercedes Benz. In evidence Mr Kennedy told the court that he never received the letter informing him of the recall in September 2010.

A PLAY by campaigning Clare author Patricia Burke Brogan received it American’s premier last week.

Burke Brogan has been a leading campaigner in the movement to expose the hidden truth behind the Magdalene Laundries for more than two decades.

The Kildysart native’s 1992 play ‘Eclipse’ is one of the first major times in which the story of the women housed in the Magdalene Laundries was brought to light.

Her 2002 play, ‘Stained Glass at Samhain’, which also deal with the Magdalene Laundries received its American premier at the University of Colorado in Denver last week.

Burke Brogan was a novice, or a trainee nun, at the Galway’s Mercy convent before she decided to leave the Church. During her time at the convent she witnessed first hand the plight of the women housed in the laundries and dedicated much of her life to highlighting their struggle – long before it was common to do so.

‘Stained Glass at Samhain’, which premiered in Ireland in 2002, also deals with the Magdalene Laundries but, in contrast to ‘Eclipse’, it takes the view point of an elderly, compas- sionate nun.

This nun, Sr Luke returns from the dead to visit the site of a former convent and laundry during the Celtic feast of Samhain as the buildings are being demolished to make way for the ‘Celtic Tiger’ boom.

She shares her life story with the audience via a series of monologues, while also interacting with

the Church authorities, the

penitent women and the

young, progressive convent

chaplain.

Over the last 20 years,

‘Eclipsed’ has become

the definitive work on the

Magdelene Laundries and

was a major infleunce for

the 2002 feature film, ‘The

Magdalene Sisters’.

The play has been trans

lated into many languages

from French to Japanese,

and been performed all

over the world, with a new

production scheduled for

Peru next year.

SERIOUS concerns have been expressed over safety measures along the River Fergus.

At yesterday’s monthly meeting of Ennis Town Council, Cllr Mary Howard (FG) said she had been made aware that there was no way for a person who falls into the river to get out.

Cllr Howard said the issue had been highlighted to her on the night of a major search operation around the river earlier this month.

“It was brought to my attention that night, if you fall into the river by accident, you won’t get out of it”, she said.

Cllr Howard raised the issue of safe access in a motion tabled at the meeting. She asked if a health and safety report had been done in relation to current improvement works being carried out on the river between the Maid of Erin and Knox’s Bridge.

“Did this report refer to the safe ac- cess to and from the river at Woodquay / Parnell Street?” queried Cllr Howard. Ennis Town Engineer, Eamon O’Dea said the lower Fergus drainage scheme is an Office of Public Works Project.

Mr O’Dea continued, “An audit was carried out by Irish Water Safety on behalf of Ennis Town Council and this report was forwarded to the OPW in January 2013. Ennis Town Council dealt with all matters raised regarding lifebuoys and items within out control. The OPW design team are assessing the IWS audit.”

“The matter has been raised with the Lower Fergus Certified Drainage Scheme Steering Group in meetings with the Office of Public Works, Ennis Town Council and Clare County Council. I expect that the review of the IWS Audit and recommendations will be forwarded to the Office of Public Works for their consideration early next year,” added Mr O’Dea.

Town Manager Gerard Dollard told the meeting the Council would pursue the issue with the OPW.

Cllr Michael Guilfoyle (Ind) said while there was some merit to the proposal he said safety ladders and chains could be open to abuse and vandalism.

Cllr Johnny Flynn (FG) said the proposal was very timely. “The river is moving at a greater speed since being corralled so there is a risk.”

Cllr Howard said there are serious concerns over safety along the river. “If a child falls in and you go in to save them then you can’t get out,” she said.

LIBRARIAN Seamus Ryan (Lab) has been chosen to contest the Ennis Electoral Area for the Labour party at next year’s local election.

Ryan, who was also re-elected to the National Executive of the Labour party over the weekend saw off the challenge on well-known disability rights campaigner Dermot Hayes to secure the nomination. Ryan, who works at the De Valera Library in Ennis, has identified the conversion of unused local authority properties to community use and funding alcohol-free locations for youth in Ennis as two of his key campaign elements.

“I intend to start campaigning this week,” he said.

“I will be focusing on a number of issues that will impact on familes.

“A number of local authorities properties will soon become available and I would like to see these premises to be put to good use and made available to not-for-profit organisations such as community childcare providers. Seamus secured his second election success of the week on Saturday when he was re-elected to the National Executive of the Labour party during at the Labour National Conference.

A LARGE crowd turned out in Dublin on Saturday to support eight-yearold Clonlara boy Ronan Woodhouse in his protest walk from Primary Care Reimbursement Service (PCRS) offices on Finglas to the Dáil.

Ronan, who has down syndrome as well as 13 other related illnesses, lost his discretionary medical card earlier this year and despite a review of his case, the HSE has refused to grant his card.

Ronan’s mother, Noreen Keane, handed in letters of protest at the PCRS offices and at the Dáil, but Taoiseach Enda Kenny (FG), had no representative at the Dáil on Saturday to receive the letter.

According to Noreen, the cost of medication, therapy and doctor visits for Ronan costs an average of € 2,300 per month. She says that the removal of her son’s medical card is putting his life at risk.

“Ronan walked about four miles of the protest himself, which was great going. I had contacted all the members of the Oireachtas an the Taoiseach but no one was there to meet us,” said Noreen.

“We have another meeting with the HSE on Friday and we will see what comes out of that. Whatever happens, I won’t be giving up this campaign – I can’t afford to do it. It’s not just Ronan either, we were joined by a number of parents in the same position on Saturday whose cards have also been taken.

“I’m only meeting the HSE on Friday on the condition that the medical card is up for discussion. They have paid so much lip service to this – the HSE and the Government – there is no point in them meeting us if the medical card is not up for discussion.”

Following the walk on Saturday both the National Association of General Practitioners (NAGP) and the Irish College of General Practitioners (ICGP) have released statement supporting people who have lost their discretionary medical card.

“I have to keep going with this campaign, the only way that seems to get their attention is to embarrass them into listening. So that’s what I’m going to have to do. I’m going to shame them into it,” said Noreen.

“It is astounding that I have to exploit my child and my child’s illness to get them to listen. Something is wrong with that. That is not something that I do comfortable but how else am I going to make them listen.”

A DISTRICT court judge told a young defendant before him at Kilrush District Court that he could assist others and society if he was willing to publicise photos of life in a house drug addicts use to shoot up and smoke.

Mitchell Walsh, 20 St Patrick’s Terrace, Kilrush, pleaded guilty to 15 charges following a “crime spree” dating from March to mid October.

The court heard that the 19 year-old who did not have a criminal record prior to 2013, “had physical and mental inflictions” and began to self medicate by turning to drugs, eventually ending up on the streets before being rescued by his family.

The father of the defendant Martin Walsh said his son needed to be taken into hand. “He was going to die and that was the truth of it,” he said.

Mr Walsh Snr said the family were devastated by what had happened, and had attempted to pay for all the damage to the cars of the people of the town where they live.

“You just can’t leave someone like that behind especially when it is your own son. I think a lot of this was because Mitchell could not manage his surgery,” he said referring to a colostomy bag the young man had fitted following stomach surgery.

The concerned father said his son went to the street to get “medication”.

Mr Walsh (Snr) then presented two photos to Judge Patrick Durcan, depicting family life with Mitchell before addiction and life on the streets.

“There is a place not far from here where they go in and smoke heroin and shoot up and we went in there and took photos to show you,” he said. “There are a lot more in there than Mitchell.”

The father told the court that the situation was tough on all his family.

“There was times when I had to go and rub blood off this child because he self harmed,” he said.

Mr Walsh (Jnr) pleaded guilty to all charges including using threatening and abusive behaviour in Francis Street Kilrush on June 3, 2013, being in possession of a knife at Hector Street Kilrush on June 28 and being intoxicated in a public place on August 15, 2013.

Earlier that month on August 2, he was again arrested and charged for breaching the peace in Moyasta Kilrush, and on March 31 he was arrested for driving unaccompanied under a learners permit.

He also pleaded guilty to slashing the tires on five different vehicles parked on Toler Street, Kilrush, on the night of June 27 to June 28, 2013. One tyre in two vehicles were damaged and two tyres each on three vehicles.

At an unknown date from October 11, 2013, to October 12, 2013, Mr Walsh again slashed a tyre on five cars on Wood Road, Kilrush. He also pleaded guilty to slashing six tyres on three different cars on St Senan’s Terace on October 12, 2013. Continued on page 8

CLONLARA woman Noreen Keane, says she is “shocked and disappointed” following comments made by the Taoiseach, Enda Kenny (FG), in the Dáil last week. The Fine Gael leader denied ever agreeing to meet with Noreen, whose son Ronan suffers from down syndrome and whose discretionary medical card has been taken from him earlier this year.

Noreen and her son Ronan, staged a protest outside a Fine Gael event attended by the Taoiseach in Limerick last month. At that meeting Fine Gael officials told the Clonlara woman that she would be granted a meeting with Enda Kenny.

However, responding to questions from Fianna Fail leader Micheál Martin in the Dáil last week, Deputy Kenny denied agreeing to a meeting. Both Noreen and Ronan took part in a protest walk in Dublin on Saturday to highlight the loss of Ronan’s medical card.

“You [Micheál Martin] mentioned that political gathering that the Fine Gael party had down in Limerick. Nobody told me that the person involved wanted to meet me. I spoke to several people on the way in there. That is not the issue. The issue is, you were right to ask a question about two children and a walk that is taking place about the loss of their discretionary medical card,” said An Taoiseach.

“There is no change in the policy. Nobody is entitled to a medical card automatically. Issues like income and discretion come in after that.”

Deputy Kenny was responding to a question raised by Fianna Fail leader Micheál Martin regarding Clonlara boy Ronan Woodhouse and Cork girl Katie Connolly, who also took part in the walk.

“In relation to this specific case. They [Ronan and Noreen] were offered a long-term illness card but many of the conditions don’t qualify under a long-term illness card. If you, or someone else met these people you could sort this out,” said Deputy Martin.

“The reality is that there has been a change of policy. My people cant understand you getting up here every day and saying that there has not been a change of policy.”

A MAN with a crippling addiction to alcohol who was found in an Ennis pub “rummaging” for food has been sentenced to five months in prison.

Judge Patrick Durcan told Mark Whelan that while he had some sympathy and regard for him, he couldn’t continue to make a “nuisance” of himself in Ennis.

Sentence was passed after the accused’s solicitor requested the court send her client to prison for his own benefit.

At Ennis District Court on Wednesday, Mr Whelan (39), with addresses at Laurel Lodge, Ennis and Kinocra Apartments, Shannon, pleaded guilty to trespass at the Cloister Bar, Abbey Street, Ennis on October 18.

He also pleaded guilty to public intoxication at the Old Ground Hotel, Ennis on October 21 and Finian Park, Shannon on October 28.

Inspector Tom Kennedy said the accused was found by staff in the kitchen area of the Closter Bar and Restaurant “rummaging” for food.

The court heard Mr Whelan was found lying on the ground at the rear of the Old Ground Hotel in a very intoxicated and unresponsive state.

On October 28, Insp Kennedy said, gardaí in Shannon received a report that Mr Whelan was in a very drunk state in the Finian Park area of the town. Insp Kennedy told the court the accused has 87 previous convictions, that consist mainly of public order, theft and trespass offences.

Defence solicitor Tara Godfrey said the court was very familiar with Mr Whelan and his background. She said her client was released from prison on October 18 but had been unable to access addiction treatment services.

“Mr Whelan has got to a point where alcohol has completely clouded his judgment”, she added.

Ms Godfrey urged the court to impose a custodial sentence similar in length to a residential treatment course for addiction.

Ms Godfrey said her client has come to accept that he must spend a period of time in prison before he is in a fit condition to receive treatment for his alcoholism.

Judge Patrick Durcan said he had the greatest sympathy for Mr Whelan and the difficulties he has experienced in his life.

However he said he also had sympathy for the businesses affected by the accused’s behaviour. He sentenced Mr Whelan to five months in prison and imposed fines totaling € 300.

Judge Durcan said the court had shown Mr Whelan leniency in the past and had a certain regard for him. “But I’m not going to have making a nuisance of yourself around the town,” he added.

Judge Durcan also directed Mr Whelan receive appropriate medical treatment in prison.

Judge Durcan refused Ms Godfrey’s application to backdate the sentence to cover time spent on remand in custody.

A DISTRICT Court Judge said he was sending a message to the people of Kilrush and County Clare when he sentenced a 19-year-old to three months in prison.

Alan Clohessy, 9A Willow Green, Kilrush pleaded guilty to impeding or obstructing a member of Garda Síochana when he ran into his home and locked the door on June 26 of this year, as Gardaí attempted to serve a search warrant.

Judge Patrick Durcan dismissed a charge of drug possession under Section 27 of the Misuse of Drugs Act against Mr Clohessy, despite the defendant pleading guilty to the charge.

At the district court hearing in Kilrush on Tuesday last Mr Clohessy told the court, “I don’t smoke cannabis, that is the truth of it, but I am taking the blame for it. I am pleading guilty for it.”

In his summation Judge Durcan said he could not convict a man who admitted unopposed that he did not smoke the drug, stating he found “this the most bizarre case both in terms of the prosecution and of its defence.”

The judge convicted the defendant on the second charge relating to what he described as “a very ugly scene” as gardaí kicked down the door of Mr Clohessy’s home after they were refused entrance.

“I have no hesitation in saying this man should be penalised and penalised severely,” he said.

“The message has to go out to the people of Kilrush and the people of County Clare that if gardaí are obstructed while they are carrying out an order they will be penalised se- verely.” In his evidence to the court Garda Paul Madden described that he observed the defendant on a pedal bike as he went to serve the search warrant.

Mr Clohessy then cycled to his house, abandoned the bicycle in the drive and ran inside closing the door, he said.

The gardaí were refused entry to the house, so opened the door by force, namely kicking it.

They went up stairs and discovered four cannabis joints in a bedroom.

A garda at the back of the house also observed “something” being thrown from the window, that was not found by gardaí afterwards.

“He along with other members of the family were very uncooperative and had to be retired,” said the garda of the defendant.

Solicitor for the defence Michael Ryan said he understood it was the butts of the cigarettes that were found in the room rather than joints.

He said his client had no previous convictions, was unemployed and regretted the matter.

Mr Clohessy was sentenced to three months in prison and given right to appeal.

A MAN who set fire to a garden shed owned by a man who harassed his mother has been told to pay 100% compensation for the damage or go to jail.

Aaron Moylan (21) pleaded guilty in May to damaging two sheds in the Hawthorns, Limerick Road, Ennis on June 27, 2012.

The court heard Mr Moylan committed the offence at the house of a man who had previously pleaded guilty to harassing his mother.

At the time, Judge Patrick Durcan said that while Mr Moylan’s motivation was out of “loyalty and love for his mother”, it was a “very serious and dangerous offence to commit.”

Judge Durcan had adjourned the case to allow the accused pay compensation for the damage caused.

At Ennis District Court on Wednesday, defence solicitor Tara Godfrey said her client had paid € 300 compensation so far. The court heard the total amount of compensation due is € 1300.

Ms Godfrey explained the court had mistakenly been informed previously that all compensation had been paid.

She said Mr Moylan, with an address at Abbey Court, Ennis lost his job earlier this year after his employer read about his act of arson in a local paper.

Ms Godfrey said her client required time to save money.

She explained Mr Moylan is currently studying sports science but the course won’t be finished until September 2014.

Judge Patrick Durcan said the case had been “dribbling on” and he was going to deal with it in September. “It’s 100% compo (compensation) or jail,” he told Mr Moylan.

Paraphrasing an expression made famous by former British Prime Minister, Margaret Thatcher, Judge Durcan said, “The Judge is not for turning.”

The case was adjourned to September 24, 2014 for payment of compensation.