The Clare People Archive

THREE men who damaged the car of a woman attending a religious ceremony in Ennis have each received prison sentences after failing to pay compensation to their victim.

Michael Doherty (52), Patrick Doherty (35) and James Galbraith (46) were convicted in November (2013) of criminal damage.

They were ordered by Judge William Early to pay € 7000 compensation to the victim. Judge Early said if the money was paid, he would recommend a six month suspended sentence for each accused.

The case was adjourned to Febru- ary (2014) when the men were given eight months to pay compensation.

The three men appeared back before Ennis District Court on Wednesday where their solicitors said there was “no reality” to compensation being paid. Judge Patrick Durcan initially said he was reluctant to impose f nals orders on a case heard by another Judge.

But after being told, Judge Early had f xed recognizances in the event men chose to appeal the decision.

Judge Durcan activated six-month sentences in respect of each accused.

Michael Doherty and James Galbraith intend to appeal the orders.

Michael Doherty and Patrick Do- herty, both with addresses at St Michael’s Park, Ballymaley, Ennis and James Galbraith, formerly of Lissaniska, Ennis and now living in Bettystown, Meath, all denied the charge of criminal damage at Drumcliff graveyard on March 24, 2013.

In November 2013, Ennis District Court heard mother of two Kathleen Maughan was visiting her husband’s grave when her Ford Focus car was damaged in a violent incident at Drumcliff.

Ms Maughan told the court she saw three men armed with slash hooks and hatchets alight from vehicles and attack her car on March 24, 2013.

Ms Maughan, who is from Ennis but now lives in Cork, was one of a group of 20 people attending a blessing of the graves ceremony.

After hearing the evidence, Judge William Early said;

“I believe the evidence of Ms Maughan. I believe she is telling the truth, therefore it must follow that I f nd them guilty as charged.” Judge Early said it seemed to be the case that Ms Maughan was a “victim of one of these wretched family feuds that are all too common in the Traveller community”.

There was a heated conclusion to the hearing of the case when f urry of insults were f red at Ms Maughan from people sitting in the gallery. TODAY A b right sunny st art , cloud ing ove r lat e r b ut d r y, t e mp s 13c

A 20-YEAR-old man who pleaded guilty to handling manhole covers stolen from the M18 motorway has been told he may face a lengthy prison sentence.

At Ennis District Court on Wednesday, Judge Patrick Durcan said he is considering imposing a jail term on Jonathan Shane O’Donoghue.

Mr O’Donoghue, with an address at Bog Road, Tulla pleaded guilty earlier this month to handling 15 stolen manhole covers near Tubber on March 5, 201

Giving evidence in court two weeks ago, Garda Caitrìona Mangan of Ennis Garda Station told she received a report of suspicious activity involving a van and two people.

Garda Mangan said at the motorway near Tubber she observed the accused lift and place a manhole cover into a van.

Garda Mangan said she saw 15 manhole covers in the back of the van.

The court heard the items were worth € 3750.

Judge Patrick Durcan put it to Garda Mangan, “you caught him red-handed basically”.

The court heard Mr O’Donoghue claimed to gardaí he met a man at the side of the motorway near Limerick who told him he could have all the manhole covers on the motorway between Ennis and Gort.

Mr O’Donoghue says he paid € 110 for the covers.

He has two previous convictions for public order and road traff c offenc es.

Judge Patrick Durcan said Mr O’Donoghue engaged in the most “audacious type of criminality” when he was caught with the stolen manhole covers.

However he said the accused was a person of limited education who had very little previous convictions. “There is a diff culty in sentencing” the Judge said.

Judge Durcan said he required time to consider the case further.

He remanded Mr O’Donoghue on continuing bail to appear again at Ennis District Court on Wednesday.

Last week, Judge Durcan further adjourned sentencing.

He ordered a probation report and remanded Mr O’Donoghue on continuing bail to appear again at Ennis District Court on November 19. The judge said this was a case that “troubled” him as regards to sentencing. He sad the accused “essentially” has no previous convictions.

However he said he was considering a “lengthy” prison sentence “by virtue of the nature and organised nature” of the offence.

A FORMER Irish international snooker player who a Judge said could go all the way to the world championships has been sentenced to six months in prison.

Bernard Casey (25) received the jail term after pleading guilty to theft and public order related offences.

After being told the former Irish youth international snooker player is back playing snooker Judge Patrick Durcan said “he could end up at the Crucible or anywhere”.

But addressing the accused’s solicitor, Judge Durcan said, “However the other side of the coin is that your client engaged in the most serious criminal behaviour.”

At Ennis District Court on Wednesday, Mr Casey, with an address at St Joseph’s Park Nenagh, Tipperary, pleaded guilty to handling a stolen Canon camera at Emerald House, Toberteascain, Ennis on June 20, 2014. Inspector Tom Kennedy told the court Mr Casey was arrested after it was discovered he had tendered the stolen camera to a property exchange outlet in Ennis.

Mr Casey also pleaded guilty to engaging in behaviour with intent to provoke a breach of the peace at Station Road, Ennis, on June 21.

Insp Kennedy said gardaí found Mr Casey in an intoxicated state. The court heard he and a group of people were causing a disturbance. Insp. Kennedy said the accused turned his attention on one Garda and called him a “dirty f****** scumbag”.

Mr Casey also pleaded guilty to a public intoxication offence in Shannon town centre on July 31.

Mr Casey has 41 previous convictions including for public order and theft offences. Defence solicitor Tara Godfrey said her client is a father of two who left school at the age of 16.

She said Mr Casey has suffered from serious drink and depression problems for most of his life. She told the court Mr Casey said he bought the stolen camera for € 30 from a man in a homeless hostel.

Ms. Godfrey said her client is “very apologetic”. She said Mr. Casey iscurrently clean and sober and doing his best to avoid the triggers that lead to criminal behaviour.

Ms. Godfrey told the court her client represented Ireland in snooker and is back playing the game.

Mr. Casey told the court he has not drank alcohol in f ve weeks. Ad dressing the Judge, he said;

“If you give me an auld chance today, I promise to God you won’t see me in this court again or around Ennis again”.

Judge Durcan said this was a diff cult case. He said the court, on the one hand, had to consider the diff culties Mr Casey has experienced. He noted the accused also has a young family.

“However the other side of this coin is that your client engaged in the most serious criminal behaviour”.

Judge Durcan said there would be no market for stolen goods if people were not willing to handle stolen goods. “Those who handle commit a far more serious offence than those who steal”, he added.

“Someone who engages in the handling of stolen property, in my view, engages in the most terrible criminal behaviour”, the Judge said.

Judge Durcan imposed sentences totalling six months and f ned Mr Casey € 200. Addressing. Ms. Godfrey, Judge Durcan said, “I do hope when your client comes out again he will have found his time in prison benef cial”. In the event of an ap peal, recognizances were f xed at Mr Casey’s own bond of € 250 and an independent surety to be approved by the court of € 500.

A MAN has appeared in court charged with stealing a woman’s handbag at a shopping centre in Shannon.

Patrick Kinnane (31) with an address at Galvone Road, Kennedy Park, Limerick, is accused of stealing a hand bag and a wallet containing € 30 at Lidl, Tullyvarraga, Shannon on September 24.

Mr. Kinnane appeared before Ennis District Court on Wednesday.

Inspector Tom Kennedy handed a schedule of the arrest, charge and caution of Mr. Kinnane to the court.

Defence solicitor Daragh Hassett asked that his client not be put on his election at this stage in proceedings. Mr Kinnane can elect to have his case heard in the District Court or tried before a Judge and jury in the Circuit Court.

Mr Hassett said he required time to seek disclosure from the State. Judge Patrick Durcan adjourned the case to November when the issue of court jurisdiction will be determined.

The accused is also expected to indicate how he intends pleading to the charge at the next court date.

Mr Kinnane was remanded on bail to appear again at Ennis District Court on November 19.

John Doherty, who previously lived in Ennis but now has an address at Belcamp Lawn, Coolock, Dublin, is charged with two offences. Mr Doherty is accused of engaging in threatening, abusive or insulting behaviour with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace may be occasioned. He is further charged with assault. It is alleged Mr Doherty committed the offences at Ennis Courthouse on October 1. Court business had f nished for the day by the time Mr Doherty was brought before the court but Judge Durcan resumed court for the brief hearing. Garda Paul Heaslip of Ennis Gar da Station gave evidence of arrest, charge and caution.

He said Mr Doherty made no reply to either of the charges after caution.

Legal aid was approved for defence solicitor John Casey.

Mr Casey said he had no questions regarding the arrest, charge and cau tion of his client. However he was said he was applying for bail for Mr Doherty. Inspector Tom Kennedy said the State consented to bail subject to the accused abiding by certain con ditions. Mr Doherty is required to reside at Belcamp Lane, Dublin and stay out of Clare except for court business. He was also told to stay away from Michael McDonagh. Bail was granted subject to the ac cused’s own bond of 500 euros. Mr Doherty was remanded on bail to ap pear again at Ennis District Court on November 12. Two years ago Mr Doherty suffered multiple slash wounds when he was the victim of a vicious knife attack at the Maid of Eireann roundabout in Ennis.

CLARE County Council last night received a three-quarter of a million euro boost with the unexpected announcement that the Department of the Environment will reimburse the € 779,870 spent by the local authori- ty in clean up work after the StBrigid’s Day storms. The Clare People also understands the the council may also soon receive a further € 2.2 million allocation to help fund the repair works follow the February storms.

The council has already been allocation € 16.8 million in lieu of the devastating January storms but repair works have been hampered in many locations because of a lack of certainty from government concerning funding for the February storm – which has been valued at more than € 10 million.

The € 779,870 allocation was yesterday welcomed by Cathaoirleach of Clare County Council, Cllr John Crowe (FG).

“My colleagues and I have relentlessly pursued recoupment of these costs and I am delighted that the Department is now in a position to recoup these costs to the council,” he said.

“We will continue to progress the programmes necessary to deal with the effects of the storms on communities particularly along the western seaboard.” Tom Coughlan, Chief Executive, Clare County Council, conf rmed that the council “will now proceed to submit a claim as requested by the department for the recoupment of these costs, which were being carried by the council”. It has also been conf rmed that progress has been make with an application for a new coastal protection system at Cloughaninchy.

The OPW are now going to deal with application for works from Clare County Council on a caseby-case basis rather than making a block approval of f nding. “The OPW has advised that it will consider applications from the council to facilitate the appointment of consultants in relation to each site previously identif ed for strengthen ing works,” said a council spokesperson. “One such application, in relation to Cloughaninchy, has been submitted and has been approved.

“A procurement process is underway on foot of this approval.

Other such applications will be made in the near future.” Tue30September14

A MAN who pleaded guilty to a public order offence at a housing estate in Ennis has been sentenced to three months in prison.

James Sherlock (45), with an address at 41 Dromard, Lahinch Road, Ennis, admitted a charge of failing to comply with the direction of a garda.

The charge arose from an incident at the Dromard estate on March 10, 2014.

At Ennis District Court on Wednesday, Mr Sherlock received sentences totalling three months. He received a one-month sentence for the incident at Dromard.

Judge Patrick Durcan also activated two months of a suspended sentence imposed last year.

Mr Sherlock is appealing the sentences. Details of the offence at Dromard were heard in court on Tuesday.

Garda Barry Comer of Ennis Garda Station told the court gardaí were called to Dromard following a number of complaints about noise.

Garda Comer said the noise from a car radio was “causing signif cant disturbance” for residents.

Garda Comer said Mr Sherlock came out to the car when gardaí entered the estate.

“He was quite unhappy with our presence,” Garda Comer said.

The court heard that when gardaí asked for the music to be turned down, Mr Sherlock turned the music up louder and warned his children not to turn it down. Judge Durcan said to Garda Comer, “he was trying to prove he was king of the castle”.

Sentencing was adjourned to Wednesday, as the offence was committed while Mr Sherlock was still under the terms of a suspended sentence.

On Wednesday, Judge Durcan activated two months of that sentence. The court was told that Mr Sherlock has 15 previous convictions including for assault and theft.

Defence solicitor John Casey told the court his client is “not the most popular man in the estate, putting it mildly”.

He said Mr Sherlock was upset that someone had complained about the noise.

Mr Casey said there a large number of houses in the Dromard estate that are rented.

Mr Casey said his client would say there are often loud parties and his client never complains about the noise.

“He was not trying to prove he was king of the castle…He reacted badly when the gardaí came up.”

Judge Durcan imposed a one month consecutive sentence. Recognizance’s were f xed in the event of an appeal in respect to both sentences.

There are only a handful of solitary dolphins in the world and with Dusty, Clet and Fungi, Ireland is quickly gaining a reputation as the world’s leading habitat for the unusual mammals. The dolphins were f rst spotted to

with mini baby booms.

The recent downturn in the number of Clare babies being born appears to be affecting girls rather than boys. While the number of Clare boys being born remains largely consistent – 208 in the f rst quarter of 2013 compared to 208 this year – the number of female births has dropped dramatically. According to f gures obtained from the CSO the number of female babies born in Clare has fallen by almost 9 per cent in just 12 months. The overall birth rate from the county has fallen from 14.1 last year to 13.5 so far in 2013.

Despite the reduction in the number of children born in Clare this year the overall population in the county continues to rise at a relatively steady rate. A total of 211 Clare people died in the f rst three months of this year – much less than the 396 people who were born during the same period.

community in Cooraclare for their attempts to save the life of a local farmer earlier this year.

Family and friends rushed to the aid of Jude Pyne after he collapsed outside his home at Tiernaglohane, Cooraclare, on April 13. The 63 yearold died after suffering a heart attack, an inquest into his death found last week.

At Clare Coroner’s Court, County coroner Isobel O’Dea paid tribute to the people who attempted to resuscitate Mr Pyne.

“Well done on your efforts and my deepest sympathy to all of you,” Ms O’Dea told family and friends.

The deceased’s nephew, Noel Lillis, told the inquest he received a call between 6pm and 7pm to say his uncle had been found outside his house.

Mr Lillis said he found Mr Pyne lying on the ground near his tractor. He said the tractor was off and the bailer was down.

The inquest heard that local man Joe Kelly went to Mr Pyne’s aid with a def brillator. Mr Kelly said an am bulance arrived at the scene and he continued to provide CPR. Mr Kelly said the incident happened very suddenly and that Mr Pyne had not fallen from his tractor.

Dr Eamon Ralph pronounced Mr Pyne dead at the scene at 7.14pm.

Dr Elizabeth Mulcahy told the inquest the autopsy was performed at University College Hospital, Limerick. She said there were signs that Mr Pyne may have suffered a previous