The Clare People Archive

SOURCES close to the woman who dodged jail by saying that she had caught her mother in bed with her husband have confirmed that she is pregnant.

And those who know her say that Fiona Porter 1s in “a world of trouble” after accusing her mother, Bernadette

Garvey from Clarecastle of having an affair with husband, Hugo.

The 24-year-old’s solicitor, John Devane, told the Limerick District Court that when Porter was found behind the wheel and over the drink- drive limit on June 28 last, she had fled the house where she found her mother and husband in bed together.

Passing sentence on the Castlecon-

nel mother of three for this, a second drink-driving offence, Judge Aeneas McCarthy took the tale of the trau- matic discovery into account and suspended a four month jail term.

Mr Devane told the judge that his chent’s world had been “shattered” by the betrayal of the two people she trusted most.

But the plot thickened over the

weekend when grandmother, Berna- dette Garvey (47), lashed back at her daughter’s accusations, denying that she had ever had any liason with her son in law and saying in media re- ports that she doesn’t even like him.

She told reporters she has “no time” for Hugo. “He would not have been my choice as a son in law,” she said.

And it has been confirmed that Hugo Porter was actually in prison serving a six month sentence on the night it was claimed he bedded his mother-in-law.

The mother of three now says that the incident cited in court as being the trigger for her jumping in the car and driving off actually happened a week before that night but had “only hit her” then.

She has accused her solicitor of getting the story wrong in court, an accusation while he vehemently de- WN Corse

In media interviews, Porter said that she had instructed Devane that she discovered the alleged affair a week before the drink-driving offence but that she was still upset about it on that night. “He had the notes written down on my charge sheet, word for word. He had it all correct before- hand,” she said.

But Mr Devane rejected that claim. ““T have never told a lie on behalf of a client and I have always been honest, open and forthright to the courts in accordance with my instructions.”

TRADERS in Parnell Street have warned of a return to the “bad old days” of derelict buildings if meas- ures aren’t taken to arrest decline in the area.

A delegation representing traders in the area told yesterday’s meeting of Ennis Town Council that declin- ing commercial activity and the loss of parking spaces has resulted in as many as 13 businesses closing in re- Lorna eeKeyels ety

Architechtural consultant Michael

Leahy said businesses were under pressure to survive.

‘This is a major problem for Parnell Street. There are a lot of vacant prop- erties in the area,’ said Mr Leahy.

‘We don’t have to go back too long, just ten years ago, to a time when it was all derelict buildings in Parnell Street. Businesses are finding it very difficult.”

Work on the upper section of the €26 million Ennis flood relief scheme has led to the loss of some 26 spaces in the Parnell Street car park.

Mr Leahy, speaking on behalf of

traders, said privately owned sites such as Western Garages could be used to alleviate the problem.

Fianna Fail councillor Tom Glynn confirmed that around 40 spaces would be available during the sum- mer months for staff working in Par- nell Street, providing a permit system was put in place.

Ennis Town Council has agreed to open 30 parking spaces in Waterpark House on Saturdays.

The council has also allowed per- mit holders in Parnell Street to utilise long-term parking spaces in other

parts of Ennis while work continues in Parnell Street.

Independent councillor Frankie Neylon and Councillor Glynn led calls for the temporary re-location of the taxi rank from Parnell Street to Bindon Street.

‘Taxis could be facilitated in Bind- on Street. I know the executive has some problems with that but those problems, I feel, could be over- come.”

Town clerk and acting town man- ager Eddie Power said re-location would be the wrong option.

A COMPANY is proposing a €10 million development that will incor- porate a third element to a proposed controversial park and ride to the SOM iow

Last week Atlantis Developments Ltd filed for planning permission for 32 retirement homes, a supermarket, three retail units, and créche and tourist hostel at Kilillagh.

The proposal also consists of 44 car parking spaces and 100 car park Spaces as a park and ride facility to serve the world renowned visitor at-

traction.

John D Flanagan of Atlantis Devel- opments Ltd said the development would provide 25 jobs during con- struction and a further 25 full-time and part-time jobs when complete.

The development company estimat- ed that the entire project would take 18 to 24 months to deliver.

The entire project is valued at €8 million to €10 million.

‘The overall proposal has the poten- tial to contribute hugely to the overall development of Doolin and will make the village a better place to live in and visit,” said Mr Flanagan.

“The development will also create considerable employment opportu- nities in Doolin and the north Clare area.”

Atlantis Developments Ltd has previously applied for park and ride facilities at Liscannor and Coogyula, both of which met with some opposi- tion from local people.

“Atlantis Developments Ltd_ last month responded to Clare County Council’s request for further infor- mation having carefully considered submissions made by local residents regarding the proximity of the pro- posed park and ride development at

Coogyulla to the village of Doolin. Atlantis Developments Ltd lodged a separate application for a develop- ment at Killilagh, which also includes a park and ride facility to serve the Cliffs of Moher Visitor Centre,’ said Mr Flanagan.

“Atlantis Developments Ltd has adopted a plan-led approach to devel- oping park and ride facilities to serv- ice the Cliffs of Moher Visitor Cen- tre. This approach is influenced by the North Clare Development Plan, which identifies Coogyulla as a suit- able location for the development of such a park and ride facility.”

THE recent CO2 emissions/motor tax changes brought good news for many diesel models, but bad news for some top of the range petrol models.

Subaru’s new Tribeca is in the lat- ter category. This massive SUV with a 3.6 litre engine, saw its price rise from €69,250 to €75,995 on July Ist. At present only a petrol model 1s available in Ireland.

The Tribeca, which takes its name from an area in the Manhattan dis- trict of New York City, was first in- troduced in 2006. Built on Subaru’s Legacy platform this latest model is a fine comfortable motor. The main changes are to the front and rear styl- ing. But it couldn’t have come to Ire- land at a worse time now that we are going green.

In hindsight this motor would prob- ably have sold better when the Celtic Tiger was at its peak. However, we

still have thousands of millionaires living in this island of ours and you just never know what way the market will work. But I’m told that rich peo- ple also like bargains.

Externally it looks like a regular SUV and has a tidy look to it. But I have never seen such a beautiful in- ternal design. There are no corners in the front section of the car as the dash literally blends into the doors and you get an amazing wrap-around effect. There is plenty of glass and a sun-roof which helps to give the car a really bright feeling.

As usual with these massive SUVs you might need a small step ladder to climb on board. But when you get inside the cabin the view of the road and indeed the fields are fantastic. And with the massive power that a 3.6 engine brings, you certainly will feel like a ‘king of the road.’

When reversing a rear-view cam- era 1s activated and you get colourful guiding lines on the display screen on the dash. A nice idea, one I first experienced in the Nissan Primera.

The Tribeca can seat five adults and at least two small children in a cute little third seat at the back. In real- ity most buyers will probably leave down the third row and use that space for storage. I don’t think the Irish birth rate is going up, but the extra seat would be ideal for trans- porting young boys or girls to sports events. Buy two Tribecas and you would have enough space for a soc- cer team and a few subs.

To try and save petrol you could

use the cruise control or to take your mind off the petrol bill, play some relaxing CDs by using the futuristic- looking display on the dash.

The five-gear automatic gear box is a bit lazy, but if you prefer you can also change gears manually. I didn’t get an opportunity to bring the Tribeca off road, but with all-wheel drive it should be able to handle any

terrain.

It’s a gorgeous motor and I took it to Cork for the Munster football fi- nal. Maybe I should have detoured via Carlow and visited that lucky newsagent where they sell so many winning lottery tickets. That’s the only way I, or most other Irish people are going to be able to afford to buy a Tribeca.

Under the new C02 emissions rules the Tribeca comes in at the top of the range *G’ section, which means a whopping €2,000 road tax per an- num. I really enjoyed my time in the Tribeca, but unfortunately it’s very thirsty and very expensive.

THE Labour Court has ruled that a Shannon-based company unfairly dismissed an employee who brought his wife home after she was dis- missed by the same firm.

The court has recommended that Reagecon Diagnostics Ltd pay the man – who is not named – €5,000 in compensation.

According to the Labour Court, the worker’s wife was dismissed due to complaints being made against her.

The report states: “The worker

claims to have brought his wife home on the day she was dismissed as she was very upset. He claims he was given permission to do so by his su- pervisor on the day.

“It is further contended that when he returned to work, after three days of pre-arranged annual leave, he was dismissed. His position is that man- agement informed him that he had effectively resigned when he left the premises with his wife on the day of her dismissal.”

Last January, the worker referred the issue to the Labour Court and

agreed to be bound by the court’s recommendation. The company de- clined an invitation to attend the Labour Court investigation into the dispute on the basis that there was no dispute and it would not take part in or be bound by the court’s recom- mendation.

At the Labour Court hearing in April, the worker argued he received permission from his supervisor to take his wife home on the day of her dismissal.

The worker was subsequently ab- sent on pre-arranged annual leave

and was summarily dismissed on his return to work.

The report goes on, “Management claimed at the time that the worker had resigned his position on the same day his wife was dismissed. This is not the case.

“The worker attempted to explain the situation to management on his return to work but was given twen- ty minutes to leave the company’s DERN ee

In its recommendation, the Labour Court inspector stated, “The court finds it regrettable that the employer

failed to attend the hearing to inves- tigate the worker’s claim; neither did it furnish a written statement setting out its position.

“On the basis of the oral and writ- ten submission made by Ms Mairead Carey BL on behalf of the worker, the court is satisfied that his employ- ment was terminated in an unfair and inappropriate manner.

“In the circumstances the court recommends that the employer pay the claimant compensation in the amount of €5,000 in full and final settlement of his claim.”

A SHANNON based company, Chemifloc Ltd is facing prosecution in the Circuit Court over an incident at its plant in May of last year.

At Ennis District Court last Friday, Judge Joseph Mangan gave the Envi- ronmental Protection Agency (EPA) additional time to serve the book of AAG lo Nee

The firm, based in Smithstown In- dustrial Estate, is charged under Sec- tion 8 of the EPA Act with failing to comply with the conditions of the intergrated pollution control licence

granted to it in Octorber 1996 by causing or permitting emissions to the atmosphere contrary to the provisions of the licence.

The summons states that Section 8 of the EPA Act provides that emis- sions shall not exceed the emission limit value and that there shall not be any other emission to the atmosphere of environmental significance.

Already, jurisdiction has been de- clined in the case in the District Court exposing the company to the risk of much high higher penalties in the Cir- cuit Court if convicted.

The transfer of the case to the Cir-

cuit Court also necessitates the pros- ecution putting in place a book of evidence, which will contain all the statements and exhibits taken by the Keeble (OOF

An Official with the EPA told the court on Friday that in order to put to- gether the book of evidence, it will be necessary to take statements from in- dividuals and gardai who were present at Chemifloc on the date in question.

It is understood that on the date in question a plume of yellow/orange coloured smoke discharged from the licensed air emission point.

The coloured smoke mainly com-

prised nitrous oxides. The incident occurred between 5.30pm and 6.10pm on May 24.

A number of complaints relating to the coloured air emission were re- ceived by the licensee and by the EPA on Thursday, May 24.

Arising from the incident, an EPA inspector visited the site and the sur- rounding area on May 25 to assess the situation.

The case was adjourned to Killaloe District Court to allow time be ex- tended for the serving of the book of evidence to October 20.

A TWENTY-YEAR-OLD man with ‘a terrible record” was disqualified from driving and given ten months detention after gardai found him being driven to Cratloe Woods in a stolen car.

James Hayes of 20 Craeval Park, Moyross in Limerick was a passen- ger in a car stopped at Cratloe by ee KereNB

On investigation, it was discovered that the vehicle had been stolen the previous day in Limerick, the Ennis District Court heard.

The steering lock and the window of the car were broken.

The 20-year-old has been given cus- todial sentences on five previous oc-

casions and one suspended sentence and is currently serving a sentence, Judge James Mangan was told.

“He has a terrible record and he seems to have spent more time in custody than out of it since 2006,” his solicitor, Tara Godfrey said.

She told the court that Hayes, who pleaded guilty to the charge, left school at 15 after his mother died.

‘He was taking drugs but he 1s off them now. It is a bad road he’s going down. I don’t know if there is any- thing that can be done to help him but if the court would see fit to al- low the probation services to get in- volved with him, it might be a timely intervention.”

Ms Godfrey added that Hayes’s previous convictions were mostly for

theft and he had no previous for al- lowing himself to be carried in a sto- len car or any other offences under the Road Traffic Act.

“A friend pulled up beside him in the car an they went for a drive – there was no feeling that he was involved in the theft of the car,’ Ms Godfrey said.

Judge Joseph Mangan disqualified Hayes from driving for four years and sentenced him to ten months in St Patrick’s Institute in Dublin, to be- gin when he finishes serving the six months he is now serving.

The judge set bail for an appeal on his own bond of €4,000.

“DO you think it’s fair that you drink lots of beer while other people do lots of work?”’

That was the question a district court judge asked a 22-year-old who appeared before him charged with criminal damage after breaking the window of a pub.

Ronan Barry of 59 Killnasoolagh Park in Newmarket on Fergus plead- ed guilty to the charge in Ennis Dis- trict Court.

The court heard the man was “very drunk and shouting abuse and ob- scenities” when gardai arrived on the scene at the Cusack Stand bar in Newmarket at 6.40pm on January 2 last.

Judge Joseph Mangan told Barry to take the stand and asked “why were you angry with the window”?”’, to which Barry replied “I don’t know.”

The judge heard that Barry was neither in full-time education nor Le) Neb atee

‘And do you think it’s fair that you

drink lots of beer while other people do lots of work?”, the judge asked him.

The court heard that Barry’s moth- er had paid compensation for the broken window.

Judge Mangan was told that Barry had one previous conviction for a public order matter.

“When the garda met him, he was lying on the grass, very drunk. There is obviously a problem with drink,” his solicitor, Tara Godfrey said.

Judge Mangan remanded him to

September 19 for a professional re- port on drug and alcohol abuse, or- dered that he report daily to Shannon Garda Station sober and write a let- ter of apology to the publican, a copy of which is to be produced in court. By the remand date, he is also to be in full time education or training or have a job, the judge said.

Ms Godfrey suggested that the dai- ly signing would mean he would not have time to look for work, but Judge Mangan said the walk to Shannon “will do him good”.

PLANS by Ennis Town Council to create an amenity park around the site of the well-known Rocky Road area in Ennis have been put on hold. Local landowners had threatened court injunction proceedings over the proposal.

Earlier this year, the town coun- cil lodged plans with Clare County Council that would have involved the creation of a new paved entrance pla- Za, new circulation paths and railing along the stream edge, installation of low stone seat walls and sign walls. The plan would also have included the provision of street furniture; bicycle stands, a dolmen and rocky outcrop, grading of ground levels, tree and shrub planting, grassing and ancillary landscaping works.

A decision was due on the applica- tion last month.

However, the county council failed to make a decision after landowners George Gallery and Patricia Gallery Ryan threatened injunctive proceed- ings unless the council agreed to meet with their legal representa- tives.

In a submission to the council by Kerin, Hickman and O’Donnell so- licitors, the Gallerys state that “the proposed development flies in the face of the facts, which is not ac- ceptable under any circumstances as it is contrary to the established legal rights and interests that our clients have used for generations without interference, interruption or ob- struction”.

The Gallerys’ solicitors threatened that if the council failed to get in touch with them within 14 days of the letter “our instructions are to 1m- mediately issue injunction proceed- ings against Clare County Council

and Ennis Town Council without further notice and our clients shall be seeking an indemnity from the councils in relation to the costs in- volved in same”’.

The council was due to make a decision within that 14 day period. However a decision is still awaited on the proposal.

In 2001, a campaign to prevent the Western Relief Road of the €200 million Ennis bypass going through the Rocky Road failed after the then Minister for the Environment, Noel Dempsey, confirmed the Compul- sory Purchase Order (CPO) for the route.

Some 1,800 people put their names to submissions objecting to the by- pass cutting the Rocky Road 1n two. But their pleas only resulted in a roundabout originally planned to be located on the Rocky Road itself be- ing moved 30 metres to the west.

CLARE County Council has re- sponded to local fears that a planned housing development adjacent to the Rocky Road could cause irreparable damage to the area.

The council has refused outline planning permission to Therese Mc- Carthy for 16 homes on a site adja- cent to the Rocky Road.

A number of local residents ob- jected to the development including landowner George Gallery of Rock- mount, Ballybeg, Ennis.

In a submission lodged on his be- half by legal firm John Casey and Co, Mr Gallery expressed concern that if planning permission was granted, it would be irretrievably detrimental to the Rocky Road.

“Whilst our client objects, in prin- ciple, to the granting of planning permission for the construction of

16 houses on the site of the proposed development as he feels that the pro- posed development is out of keeping with the character and scale of exist- ing buildings in the immediate vicin- ity our client’s main concern relates to the despoiling of the Rocky Road and the irreparable damage that would be occasioned to if it is trans- formed from a predominantly pedes- trian amenity walkway into a major vehicular thoroughfare accessing the proposed development.”

The objection adds: “Our client uses the Rocky Road to access his lands and regularly brings stock and agricultural machinery and equip- ment along same in connection with his farming activities.

‘Our client, and his predecessors in title, have always enjoyed unhindered and uninterrupted use of the Rocky Road — which is on their lands — in connection with their normal farm-

ing activities.

The council has refused planning permission on a number of grounds. The local authority ruled that the proposal would be premature in rela- tion to an existing deficiency in the provision of water supply and sewage treatment.

The council stated: “In the absence of a master-plan in relation to the comprehensive servicing of lands along the Ballybeg Road, the pro- posal would therefore be contrary to the proper planning and sustainable development of the area.

The council found that the pro- posed development would endanger public safety by reason of a serious traffic hazard. The council also ruled that the proposal, due to its proximi- ty to and access onto the Rocky Road public right of way, would result in a negative effect on the existing amen- ity value of this route.