The Clare People Archive

A WOMAN who has 84 previous convictions added to her “appalling” record the theft of a pair of Podge and Rodge dolls and other items, a judge was told.

Emer O’Connell (25) of 93 Ab- beyvale, Corbally, pleaded guilty in Shannon District Court to steal- ing the dolls and other goods worth a total of €74 from Dunnes Stores, Shannon, on December 10.

She also pleaded guilty to stealing cosmetics worth €47 from Varden’s pharmacy in Newmarket-on-Fergus on December 15 and a bottle of bran- dy worth €30 from Shannon Knights Off-Licence also on December 10.

Her solicitor, Darragh Hassett, told Judge Joseph Mangan that the young woman has “an appalling record”. She had been “taking heroin on both dates. But she has turned a corner and is now on a methadone mainte- nance programme.

Mr Hassett told the court that his client has a child, who was put into care by the HSE but had recently been returned to her.

“If she goes to prison, it 1s a fact of life that drugs are available, despite the best efforts of the prison staff and, in all likelihood, she will be re- introduced to heroin.”

Judge Mangan remanded her is cus- tody until May 23 for reports on drug and alcohol abuse.

A 24-hour Ennis supermarket was forced to temporarily close after a security guard was ‘boxed into the eye’ and his assailant had to be re- strained by customers.

Bartlomiej Konieczko (24), a na- tive of Poland and with an address at Cornmarket Street, Mill Road, En- nis, was brought to court just hours after an incident in the early hours of last Friday.

Garda William Delaney told Ennis District Court that he arrested the ac- cused at 3.15am.

He was charged with assaulting Michal Rudowski, with engaging in threatening, abusive or insult- ing behaviour and with providing a false name and address to gardai, at Dunnes Stores, Ennis.

SW slemcleltbuMm cme) Cem Ner-lmee-NRee-NEAN (one called to Dunnes Stores, where they

spoke to security staff.

“They told me the accused had as- saulted one man on the door,’ said Gda Delaney.

He said gardai were told that the ac- cused had confronted a doorman and threatened him. He was then asked to leave the store.

‘He then hit him a box in the eye. It was captured on CCTV. He had to be restrained by customers,” said the garda. He said the store had to be closed and gardai were called.

‘He again hit out. He had to be re- strained. He threatened the injured party. He said he’d burn his house and kill his family. It was all said in Polish,” said the garda.

Gda Delaney said the accused gave an incorrect name and only after he was charged on Friday morning did he provide his correct details.

Defending solicitor Ted McCarthy said his client has lived in Ireland for

the past three years, two of which have been spent in Ennis.

“All of these events happened last evening under the influence of alco- hol,” he said.

He said that both the accused and injured man were Polish nationals and said there had been a “history of dislike between the two”.

“Ennis is a relatively small place. The Polish community in Ennis would know each other. They never got on. There is animosity between Nees 00 MaancT HIG MnO CemO) beri KOe

However, the garda said the door- man would say he did not know the accused, prior to this incident. The solicitor said his client would un- dertake to stay away from Dunnes Stores, if ordered to do so.

The accused was remanded in cus- tody for a week for gardai to establish if he had any previous convictions in his native country.

A MAN who took almost €8,000 worth of aluminium pallets from outside two businesses in Shannon believed he had the authority to do So, his solicitor told a court.

Patrick McNamara (29), of The Sta- bles, Lickadoon, Ballysheedy, Limer-

ick, admitted stealing 13 aluminium transportation pallets in the Smiths- town area of Shannon. He took eight of them from one premises and five from another, last September.

Garda Paul Coleman told Shannon District Court that the pallets are used to transport cargo in the airline industry. He said the pallets were left

outside the business premises and McNamara had sought permission to take them.

However, while truck drivers – who were on contract to the companies – told him the pallets were a nuisance, he did not have the authority to take possession of them.

He brought the pallets to Limerick

and sold them as scrap. While they were worth almost €8,000 new, he only got €530 from them.

The court was told that while management at both companies did not expect full compensation, they sought some compensation.

Defending solicitor Daragh Hassett said his client had collected pallets from various premises, over a two- year period. “He got the green light from the wrong people,” said the so- licitor.

Garda Coleman accepted that “there certainly wasn’t anything untoward in that he wasn’t coming during the night disguising his vehicle.”

Mr Hassett said his client “very much falls into the reckless category when it comes to the thefts. He was told in both locations they were a nuisance and could be taken.

‘“He’s not a thief by any stretch of the imagination, but accepts he has to plead guilty on the reckless aspect of it,” said Mr Hassett.

Judge Joseph Mangan adjourned the case for a year for the accused to come up with €3,000 in compensa- tion.

A 30-YEAR-OLD west Clare man has been extradited from the US to face a charge of sexual assault in Clare. The accused, who cannot be named for legal reasons, is accused of sexually assaulting a female in west Clare in 2002.

He was extradited to Ireland last Wednesday and brought before Dub- lin District Court. He was remanded

in custody to appear before Ennis District Court on Friday.

At that court, his solicitor, William Cahir, applied for free legal aid for his client, who he said had been in custody for a number of weeks pend- ing the extradition from the US.

He said he was seeking bail for the accused. However, Inspector John Galvin said he would be opposing ey nOR

Mr Cahir said that a bench warrant

had been issued at Kilrush District Court in 2003. His client has been in the US since then and has received a PALI MOL UKOE

“His family have travelled over and back. His family were not given no- tice a bench warrant was still being pursued,” said the solicitor.

Mr Cahir said his client was will- ing to follow bail conditions that the State would impose.

“It appears the earliest he will face

trial 1s October or November as the June and July circuit court dates have already been fixed,” he said.

Judge Joseph Mangan refused bail and remanded the accused in custody to appear in court later this month.

Outlining his reasons for refusing to grant bail he said, “On grounds that he failed to answer bail in Kil- rush in 2003. The State had to pursue him outside the jurisdiction, and no reason has been given to the court.”

FIVE people have appeared in court, charged in connection with incidents involving three Traveller families in Ennis last week.

They were charged arising out of alleged offences on three days last week and all five were remanded in custody, after gardai objected to ey nUe

Michael Maughan (23), of Stone Court, Ennis, is charged with dam- aging a woman’s car at Dun na hIn- ise, Ennis, last Wednesday, May 14.

Patrick Molloy (18), of Gordon Drive, Cloughleigh, Ennis, is facing five charges. He is accused of dam- aging five cars last week – one at Dun

na hInise and four at Shalee Drive, J SyayAbEse

Christopher Mongans (22) and Thomas Mongans (20) of Shalee Drive, Ennis, and Michael Mongans (27), of Bridge View, Roslevan, are accused of having a machete with a sharply pointed blade, at Sandfield Road, Ennis, last Thursday.

The court was told that in reply to charge after caution, Mr Maughan replied, “I’m an innocent man.”

Inspector John Galvin told the court that there were a number of de- fendants “all related to the same set of circumstances. [ll be opposing bail in relation to all of them.”

He said he was opposing bail on the erounds that “gardai are very fearful

of the outcome of this feud. We have people working all week on this.”

‘We fear people themselves or in- nocent parties will get seriously in- jured,” said Inspector Galvin.

Mr Maughan’s solicitor William Cahir said his client would abide by strict bail conditions, if granted bail. He said the case will be fully con- tested.

Bail was refused after a woman claimed in court that Mr Maughan got out of a car at Dun na hInse last Wednesday with a “bell hook and a plank of wood in his hand” and went over to her car. Mr Cahir told the court that was “a fabrication’, his cli- ent “wasn’t anywhere near the area’.

Mr Cahir, who also represented

Patrick Molloy, said all of the charg- es would be fully contested. “It will be a particularly strong defence,” he Sr nLG

Solicitor Ted McCarthy, who rep- resented the Mongans, said he was applying for bail for all three.

Garda Jason Lardner then told the court that an incident occurred on the Sandfield Road area of Ennis the previous day.

‘A number of people got out of a car and went to attack another per- son,” he said. He said the people got back into the car, which the gardai searched. We found pieces of wood in the car,’ said the garda. He said that Christopher, Thomas and Michael Mongans were in the car.

Inspector Galvin said that inves- tigations were ongoing and further charges were likely.

‘Public safety is the reason we are objecting to bail,” he said.

Mr McCarthy said the charges will be contested and said his clients would undertake to abide by any conditions the court would have in mind.

However, Judge Mangan refused bail. “I have had an opportunity to- day to get a feel for the atmosphere surrounding these matters. What I’ve observed is a cause for concern,” he said. He said he was refusing bail, based on the gravity of the charges, the strength of the evidence and the concerns expressed by the State.

LENGTHY court proceedings relat- ing to a feud involving three traveller families became heated amidst al- legations that a threat was made in Open court.

While another case was being heard in the district court late on Friday afternoon, a member of one of the families involved in the feud

shouted, ““He’s after threatening me that he’s going to break my neck.”

The claim was backed up by anoth- er member of his family, who sug- gested that a man at the other side of the courtroom had made gestures.

However none of the 12 gardai present in the courtroom at the time saw anything untoward.

Judge Joseph Mangan asked the man who was alleged to have made

the gesture why he was in court. He was told, “Just here to see how they are getting on.”

Judge Mangan replied, “You can read about it in the papers,’ and told him to leave.

‘I don’t want to see you here again during these cases unless you have a summons or a charge,” said the judge. Later, after bail was refused for three members of the Mongans

family, their solicitor Ted McCarthy said they were in fear of going to Limerick prison, “as they have re- ceived threats”.

Inspector John Galvin said _ that gardai would convey that message to the prison authorities.

Another accused, Patrick Mol- loy, was remanded in custody for a week to St Patrick’s Institution. His solicitor William Cahir said there

were fears of threats in Dublin. “I’ve got threats to say [ll be getting it,” Patrick Molloy told the court.

Inspector Galvin said that message would be communicated with the prison authorities.

Mr Cahir then pointed out, “The fears are very well founded and very genuine.” The judge later changed his ruling and remanded Mr Molloy to Limerick prison.

THREE people have been charged with violent disorder arising out of an incident in Ennis last October.

Michael Molloy (9), of Gordon Drive, Ennis; John Molloy (22), of Clarehill, Clarecastle and a young person are accused of violent disor- der, at Cloughleigh, Ennis, on Octo- ber 11, 2007.

Ennis District Court was told on Friday that the charges arose from matters last October and the DPP’s directions had only come through last Thursday.

Garda Dominic Regan told Ennis District Court last Friday that he met Michael Molloy at the depar- ture lounge at Shannon Airport that morning.

His solicitor William Cahir applied for bail but Inspector John Galvin said, “I’d be reluctant to consent. The DPP has directed trial on indictment. He was leaving the jurisdiction.”

However Judge Joseph Mangan pointed out that the accused had not been charged when he was met at the by Olea

Gda Regan said he had made en-

quiries with the accused’s mother the previous day.

“I told her charges were waiting for him. She told me he was waiting to face the charges. Yet we found him at Shannon Airport this morning,” said Gda Regan.

Judge Mangan remanded him in custody for a week. “I’m satisfied on the evidence he sought to evade jus- tice. I’m satisfied if left at liberty he would not attend to face trial,” said the judge.

Inspector Galvin also objected to bail in the case of John Molloy, on a number of grounds, including the seriousness of the charge.

However Mr Cahir said there were no charges in relation to any recent incident and that the DPP has had six months to make a decision on the or Won

Bail was granted, with conditions AMATO oem

The young person was also granted bail to appear again in court next month.

REQUESTS for information from Clare County Council under the Freedom of Information Act have dwindled from 94 in 2002 to just 39 AUlOwe

And councillor Tom Prendeville (FF), who asked for the figures for last night’s meeting, said that it is “notable that in 2007 we are listing 30 per cent of the applications we Sr hag OOO ae

The councillor said that FOI re- quests had “gone down to a virtual trickle” and added that he believed that the introduction of fees for the service in 2003 “and the claiming of exemptions has acted as a barrier to the public. At a time of mistrust I would be concerned that the gov- ernment are standing over legisla- tion which appears exclusory,’ Cllr Prendeville told the meeting.

Cllr Christy Curtin (Ind) said he supported the Fiannan Fail council-

lor. “The Freedom of Information Act was introduced for one reason and one reason only – transparency. Since costs were introduced, enquir- ies have gone down. We can put no price on the availability of legitimate information.”

Cllr Brian Meaney (GP) said that when forming Government the charges for FOI queries were “a major bone of contention’, for the Greens. “But Fianna Fail are in no way in favour of abolishing them be- cause the Civil Service hated it (the Freedom of Information Act) from the first moment.”

Cllr Joe Arkins (FG) said that while he agreed there shouldn’t be a charge for legitimate information “there are vexatious requests which can cost tens of thousands of euro”.

The information on FOI queries which council officials compiled for the meeting also showed that in every year, the majority of queries concerned planning issues.

The second largest number of que- ries concerned roads and the third were seeking information about housing matters.

Corporate Services and Finance elicited 44 and 22 queries respec- tively and there were 55 environ- mental queries. Water services were the subject of 22 queries and human resources, 20. There were just two queries concerning motor tax and one concerning the library service.

So far this year, the freedom of information officer has received 19 queries, seven of which are still be- ing processed.

Since January 2002, the council has fully answered 114 FOI requests, part answered 91 and refused 110.

Ten queries were transferred, 18 were withdrawn and 52 were DOME OLOE

Exemptions because of sensitive information and other exempt areas under the act were claimed in 310 Or ose

PLANS to re-zone land which will be earmarked for a crematorium for Shannon were given the green light at a meeting of Clare County Coun- cil last night.

Local authority members voted 26 to one in favour of a material con- travention of the development plan at [Ilaunamanagh in Shannon to make way for building the crematorium.

Cllr Gerry Flynn (Ind) said he could not understand “why the plan- ers are asking us to contravene the plan which we put so much work into oD apace y oman

He said the lands in question are “adjacent to a Special Area of Con- servation. This 1s space which is dedicated to amenity and open space

and the council is proposing in the future to develop it as a nature re- serve. This proposal goes against our own policies.”

Cllr Flynn pointed to the speech made earlier yesterday by Environ- ment Minister, John Gormley on the launch of the EU report on the status of habitats and species in Ireland.

‘The minister tells us that over the next five years, we are to concentrate on preserving habitats and SAC’s. That is what we are being told by the minister, who is our boss and I say we should follow the Green man.”

A report on the proposed material contravention was presented to the members.

The proposal was carried when Chairwoman, Cllr Patricia McCa- rthy (Ind) put it to a vote.

CLARE’S lack of an Applied Behav- ioral Analysis (ABA) facility prompt- ed a bout of political mud slinging at last night’s meeting of Clare County Council.

The meeting descended into a inter- party slagging match with a number of Fine Gael councillors applying pressure to Brian Meaney (GP) over his party’s action on the ABA issue while in government.

While putting forward the motion,

Cllr Paul Murphy (FG) accused the Green Party of turning it’s back on the provision of ABA once it got into Oo

“The day of treating children who suffer from autism as second class citizens should be long gone,’ he said.

“I believe that Minister Gormley gave commitment when he was in Clare before the election that if he ever got into government that the 1s- sue of ABA schools would be on the agenda.”

Responding to the allegations, Cllr Meaney said that the issue should not be treated as “a political football”.

“The Green Party are quite com- mitted to ensuring an extension of the 12 school pilot in the west of the country. The problem with this was the election, with the other parties who are now languishing out of pow- er and in the back benches.

‘The position of the Green Party in relation to ABA doesn’t need to be restated. Early intervention is vital in terms of dealing with autism. ABA is

a proven method of doing this and I am not going to take comments, such as that one from Cllr Murphy, lying ele) a0 ae

The original motion was put for- ward by Cllrs Tony Mulcahy, Martin Conway and Murphy, and highlight- ed that of the 12 ABA facilities in Ireland, only one, located in Galway, is outside the Pale.

“IT would appeal to the new Minis- ter for Education to turn a new leaf and rise to the challenge of this sort of essential education,” said Cllr CONE

“When it comes to education and the opportunity of giving a young person the opportunity for a full edu- cation we have to rise to it. I was very disturbed last week when I was ap- proached by a young mother in En- nistymon who is on a waiting list to get into the school in Inagh.

“She could not be guaranteed a place because of the lack of funding that that school enjoys. We cannot drag our feet on this.”

Cllr Mulcahy called for more fund- ing to be provided.

‘There are 12 of these institutes in Ireland and only one of them is to the west of the Shannon. It should be conveyed the importance of the ABA school in County Clare,” he said. “It is critical that funding is provided and funded is provided to help these young children in County Clare.”