The Clare People Archive

A DISPUTE between a solicitor and his former client over fees for circuit court proceedings were aired in the district court last week.

Solicitor John Rynne, of Abbey Street, Ennis, took the case at Ennis District Court (civil) against Denise Dalton, arising out of previous cir- cuit court proceedings, in which he represented her.

Mr Rynne claimed that Ms Dalton owed him €5,743.50, but she claimed that was ‘excessive’ and that they had agreed orally on a €4,200 fee.

Last week’s case arose from a cir- cuit court matter last year. In that case, Denise Dalton (45), of Sonas,

Shanaway Road, Ennis, took a case against an Ennis hair salon, arising out of a perm that went wrong, on May 26, 2003.

She said she suffered itching to her scalp, on the night of the visit to the ar Demnr-D(0)0F

The following day, her hair started to fall out and she noticed a smell coming from her scalp. That case was settled in the circuit court in February 2007.

Ms Dalton’s barrister told Ennis District Court last Thursday that his chent was “taking substantial issue with the figure’ Mr Rynne claimed he was owed.

He said that the fee of €4,200 had been agreed, on February 1, 2007

and his client was willing to pay that amount.

“You said you would charge no more than three times what the bar- rister would cost. His costs were €1,050, so the total came to €4,020,” said the barrister. Mr Rynne denied Wen ke

Ms Dalton, who is currently a trainee barrister, told the court that Mr Rynne told her the fees would not exceed €5,000, in a conversation on February 1, 2007.

“The bill was excessive. It was in breach of our oral agreement,” she SrHTOR

Mr Rynne told the court that Ms Dalton “got as good a settlement as she could have got on the day, which

we still stand over. I did a job for her and I’m entitled to my costs for it.

“She’s perhaps confused, given the stress of the day (in the circuit court). I still remain unpaid, as is the bar- rister in the case,” he added.

Judge Aeneas McCarthy said, “I am satisfied an oral agreement did come into existence between the plaintiff and defendant, to the effect the plain- tiff would receive three times that of a barrister’s fee, or a maximum of €5,000. I’m satisfied that agreement formed a binding legal contract be- tween the plaintiff and defendant,” he said.

He awarded a decree of €4,200 to Mr Rynne, but awarded costs to Ms Dalton.

AN ARGUMENT between three young boys over football ended up in court after the mothers of two children were charged with offences arising from the incident.

Mary Tubridy, of 9 Cluain Lia, Shannon, was charged with assault- ing Carol O’Kane of 22 Cluain Lia, Shannon while Mrs O’Kane faced a public order charge, on October 1, 2006.

Mary ‘Tubridy’s son James (12), told Ennis District Court he had been playing with his friend Jason Hoban close to the home of another boy, Matthew O’Kane. He said that Math- ew O’Kane came over and asked if he could play soccer with them.

James Tubridy then said that Math- ew O’Kane’s mother, Carol, “came out and caught me by the throat and said ‘what did you call my son?’”

The court heard that soon after the three boys had met, Mathew O’ Kane ran home and told his mother that James Tubridy had called him a “t***i no bastard”.

Following the confrontation be- tween Carol O’Kane and James

Tubridy, the court was told that James went home and told his par- ents that Mrs O’Kane had called him a “f***ing bastard and a bul- ly”. A short time later, Mrs Tubridy challenged Mrs O’Kane about the incident. It was during a verbal al- tercation between the two that Mrs

Tubridy was alleged to have assault- ed Mrs O’Kane by striking her in the rede

In her evidence, Mrs O’Kane ad- mitted that she confronted James Tu- bridy and reprimanded him for using language at her son but denied that she grabbed him by the throat.

Carol O’ Kane told the court, “I was sitting on the fence and she came right up to me with her fist clenched. There was an argument between us. She went to punch me in the face but I turned my head and she hit me in the neck.”

Judge Aeneas McCarthy acquitted Ms O’Kane. “In the case of Carol O’Kane, she did say she raised her finger and her voice was raised at this young man but I don’t think her behaviour reached the threshold high enough to convict her under the Pub- lic Order Act,” he said.

“In the case of Mary Tubridy, I am satisfied beyond a reasonable doubt that she did assault Carol O’Kane. She admitted to the guards in her statement that she hit her about the face. I will mark it proved but will adjourn the matter for a period of six months and if there is no trouble in the meantime, I will apply the Proba- tion Act,’ Judge McCarthy said.

“These are neighbours and apply- ing penalties would only aggravate the situation,” he added.

DISTRICT court sittings in Kildysart and Corofin have become a thing of the past, while court hearings will not take place in Ennistymon for at least 18 months.

The Courts Service has decided to move Kildysart cases to Ennis and Kilrush, while Corofin cases will be heard in Ennis and Ennistymon, on a permanent basis.

The Ennistymon court hearings, which have taken place in the Teach Ceol for several years, will now move

to Kilrush.

The Courts Service has stressed that the Ennistymon move is only a temporary measure as it is close to reaching a decision on a new venue for the town’s court hearings.

The decision, announced last week, came in the wake of District Judge Joseph Mangan repeatedly voicing his concerns about the poor condi- tions of the Teach Ceol in Ennisty- mon and the Corofin venue.

The Teach Ceol building was cold and accoustics were poor. Over the past three years, personnel from the

Courts Service have made attempts to find a more suitable permanent venue in the town, but this hasn’t suc- ceeded. It 1s expected that a new ven- ue will be opened within 18 months.

While legal sources expressed satis- faction that the venue in Ennistymon is to be replaced, they did express hope that the decision to move the monthly sittings to Kilrush would be a short-term one.

The regional manager of the Courts Service, Brendan McDonald, said the plan is for a courthouse to be opened in Ennistymon.

“The judge has had enough of the cold and the poor accoustics. It is no longer suitable,’ he said.

He said the decision to move the Ennistymon cases to Kilrush and not Ennis was because Ennis was “very full with High Court and Central Criminal Court sittings.”

The Kildysart and Corofin sittings took place in the local community halls, which were not suitable for court hearings, according to the Courts Service.

“There were only 53 cases heard in Kildysart last year, while in Corofin

the conditions were appalling, with no consultation areas and no judge’s area,’ said Mr McDonald.

Kildysart Councillor Oliver Garry (FG) said locals fear the removal of the courthouse may be just another part of local services being eroded.

“The only thing I’d get worried about is everything is closing in rural areas. There is always concern about these things,” he said.

Lahinch Community Council chair- man Donogh O’Loghlin said the poor conditions in Ennistymon were ‘an insult to our courts system”.

, as Fine Gael prepares to raise the issue of juve- nile offending in a private members motion in the Dail this (Tuesday)

evening.

Fine Gael is hitting out at the Gov- ernment’s record on the issue of un- derage offending and is calling for tough measures to be introduced.

It is calling for a comprehensive re- view on the availability of knives and to increase garda resources, in an ef- fort to tackle knife crime.

The party says it is concerned about the increase in incidents of anti-so- cial behaviour, the prevalence of al-

cohol and drug abuse and the prolif- eration of knife crime.

Fine Gael says the ongoing deterio- ration of law and order under Fianna Fail-led governments has created “fear and anxiety’ among the pub- liter

“A lot of the structures put in place over the past few years have to be rolled out,” said Cllr Carey.

“On the ground, I feel the system is very badly resourced. There isn’t

enough personnel involved,” he said.

He said that with hundreds of re- ferrals to the national juvenile office from Clare every year, additional gardai should be appointed to work with young offenders.

“We have two juvenile liaison of- ficers (JLOs) in Clare. This has in- creased from one a few years ago, but there is a huge volume of work for two people to be doing,” he said.

‘Restorative justice is the way for-

ward, but that initiative will be aspi- rational without resources,” he said.

“We (FG) want to see more com- munity policing in terms of juvenile justice,” he said.

He said that geographical areas most at risk must be identified and funding injected in those areas.

‘We need to invest in areas more at risk of problem behaviour and identi- fy the individuals at an earlier stage,” he said.

A CONTENTIOUS plan by a vol- untary housing association looks set once more to be refused by Ennis Town Council unless it is radically Karel Ceeren

Already, Cluid Housing Associa- tion has been refused planning per- mission for a five-storey apartment block adjacent to Ennis Tennis and Badmintion Club.

The proposal involved plans to con- struct 21 one-bedroom apartments and six two-bedroom apartments.

However, the Dublin-based housing association scaled back its plans and is now seeking permission to con-

struct three- and four-storey build- ings in the grounds of Waterville House to accommodate 14 one-bed- room apartments and three two-bed- room apartments.

The proposal has provoked re- newed opposition from the Ennis Tennis and Badminton Club and now putting a large question mark on the project in its current form, the council state, “The construction of two four- and three-storey concrete apartment blocks in the front gar- den of this important 18th- or early 19th-century Georgian house will, if permitted, result in diminishing the importance, character and integ- rity of the Protected Structure due to

their bulk and height, design and use of unsympathetic materials.”

The council point out, “The pro- posed floor area will take up most of the front garden, which was origi- nally designed to provide a tranquil setting for the house.”

The council considers, “that the proposed development is too dense. The density comparisons made by you are not appropriate because the other sites, unlike the subject site, do not contain protected structures and as such do not incur the same con- straints.”

The council “considers that “Block A’ should be omitted and “Block B’ be relocated to the area previously

occupied by it. please submit your proposals to reduce density.”

It goes on, “The council has no ob- jection in principle to change of use of Waterville house provided that such a change of use would not re- quire significant interventions or ma- terial alterations which might affect the character or historic fabric of the Protected Structure.

“However, it appears that it 1s pro- posed to totally remove the historic interior of the Protected Structure and install concrete stairs and floors. Such a proposal would result in the loss of all items of architectural and historic interest and be totally inappropriate treatment for such a building.

“It appears that it is proposed to de- molish the stone coach houses, which have been a feature of the streetscape for centuries. By this simple design and use of natural, local materials, this structure makes a positive con- tribution to both the ACA and Pro- tected Structure.

“The refitting of this building for a residential use would not be a mat- ter of serious concern but its demol1- tion, together with its adjoining ash- lar gate-piers, appears inappropriate and would result in a serious loss of character and would materially contravene development plan policy in relation to the demolition in the ACA.”

revealed how young children were wreaking havoc in communi- ties across the county.

Drug abuse, robbing other chil- dren, damaging schools and cars and intimidating others were among the main offences for which young chil- dren were caught.

Children from the age of just seven are getting involved in crime. While those very young children mainly engage in petty crime, the serious- ness of the offences intensifies as those children progress to their early Kote he

The problems grow when young children get their hands on illegal drugs and they then lose all control.

Agencies say that factors including lack of parental control and lack of suitable community services con-

tribute to the problems facing young children at risk. The children’s court is testament to

this on a weekly basis. One particu- lar tragic case in recent weeks once again highlighted the failings in the

system. A 16-year-old boy from Ennis re- turned to his home, having spent

over a year at Oberstown boys centre for young offenders.

The boy, who has at least two dozen previous convictions, deteriorated quickly after his release to his fam- ily home.

It wasn’t long before he began to re- offend and quickly found himself in court, after he broke into a business in Ennis and kicking mirrors on two cars in his neighbourhood.

The boy’s mother didn’t attend the court sitting and both the State and the boy’s solicitor expressed their concerns that she didn’t turn up to support the teen.

A member of staff at the boys’ cen- tre spoke out and said the boy had made significant progress at Obers- town, but a lot of the good work was undone, on his discharge from there.

There was demand for his bed and Oberstown staff felt they had “exhausted” what they could do for him.

Clare Youth Services agreed that there was no support for the boy at home. He was sentenced to a term at St Patrick’s Institution.

His case highlighted inadequacies in the family system, but every case is different. One thread is constant in the majority of young troublemakers’ cases – some aspect of society has failed. An overhaul is long overdue.

LISCANNOR locals have formed a committee to block the proposed construction of a park and ride serv- ice from the village to the Cliffs of Moher.

Following a public meeting held last Friday, locals have decided to oppose the Atlantis Development project, claiming the park and ride would be too big and effectively by- pass Liscannor village.

“We are not trying to stop devel- opment in Liscannor, we just want

to be able to get in to and out of our homes,” said a committee spokes- man. “It’s the scale of the develop- ment; 500 cars, four times a day, that’s a huge pressure to put on a small place…

“They talk about job creation but both the hotels in Liscannor are closed at the moment. The shop is closed. If you came here today, you would have no problem parking, I can tell you that.

‘They say they are taking account of the businesses in Liscannor, but there are very few businesses even

left in Liscannor.”

Atlantis Development Ltd released a statement yesterday in which they argued that the Liscannor site was zoned for a park and ride in the North Clare Local Area Plan 2005, with no objections from locals during the public consultation process.

It also claims to have removed a number of elements from the plan to which locals had previously objected and taken steps to ensure that the proposed development will not lead to Main Street being bypassed or to WeDONOMeO)ITXonI BLO) IF

THE number of new homes expected to be completed in County Clare this year is expected to be halved. Statistics released by the Depart- ment of the Environment yesterday show further evidence of a downturn in the housing sector with the number of house starts down by almost half last year with the anticipated knock on in house completions this year in

the county.

According to the figures, the number of house commencements last year in Clare was 960 with the number of commencements in the fi- nal quarter to 239.

The 2007 total compares to the 1,801 house starts in Clare in 2006 – a drop of 46 per cent and it continues part of a downward trend.

In 2004, there were 2,370 house starts in Clare and this was followed

by 2,156 house starts in 2005.

The low number of house starts in Clare last year will have a knock- on effect on the number of house completions in Clare in 2008 as the building sector responds to the cur- rent oversupply in the market.

Another aspect of the current over- supply in the market is the large number of homes that were complet- ed in Clare last year.

Figures from the Department of the

Environment show that 2,286 homes were completed in Clare last year — the second highest figure ever.

The figure is 16 per cent down on the 2,727 houses built in 2006. Fig- ures for 2005 show that 2,174 homes were built; in 2004, 1,831 homes were built; in 2003, 1,679 homes were constructed.

Additional evidence of a slow-down in construction show that lOO homes were completed in Clare in January

of this year — down on the 122 total for January 2007.

Further highlighting the number of house starts slowing to a trickle, Homebond recorded only six house starts across Clare in December.

Homebond record an estimated of 75 per cent of new house starts across the country and the six starts in Clare in December is a drop of 83 per cent on the 36 houses starts in December 2006 in Clare.

THE Construction Industry Federa- tion (CIF) last night described plans by Clare County Council to more than quadruple new house levies as ‘unjustified and unsustainable’.

As part of the draft developer con- tribution scheme 2008-2011, the council is proposing a 400 per cent increase on levies for houses on zoned land, going up from the cur- rent rate of €5,000 to €21,360.

Currently, house-builders con- structing homes on unzoned land pay €4.180 and under the council’s new scheme, the development levy will more than double to €12,456.

Those seeking to build holiday homes are facing a 300 per cent in-

crease in levies, going from €9,500 to €27,050 per home.

The levies are imposed by the council on house builders to finance water, sewerage, road and com- munity infrastructure and must be paid before houses are occupied. In the past four years, the council has raised €34 million from the scheme. However, in the revised scheme, the council is seeking to raise €101 mil- lion over the next four years.

The draft document is to go before the council next Monday and CIF spokesman, Conor O’Connell yester- day outlined the federation’s opposi- tion to the scheme when he said that the increase will add eight per cent to the price of houses in Clare.

Mr O’Connell said that the lev-

ies are another form of taxation. Mr O’Connell said that the CIF would be lobbying councillors to outline its serious concerns in relation to the scheme.

The scheme is unlikely to get passed in its current form, with Cllr Patrick Keane (FF) representing the views of a number of councillors when he said that the “charges place on unfair burden on young couples wishing to construct a new home”.

As part of the scheme, the council is targeting 1,400 house buyers each year over the next four years to fi- nance its capital spend.

CLARE COUNTY Council has failed to provide any permanent halt- ing site for Travellers in the three years of its 2005-08 Traveller Ac- commodation Programme.

At the outset of the programme, the council identified 64 families in need of accommodation, but has failed to provide any permanent halting sites across Clare since 2005.

This is in contrast to the council’s performance in the previous Trav- eller accommodation plan, which developed four permanent Traveller accommodation sites in Ennis (2), Ennistymon and Shannon.

With a spend of €12 million, the council reduced the numbers of Travellers without accommodation from 61 to 14.

However, in the existing plan, the council has constructed no _ per- manent sites, but has instead con-

structed a large temporary site on the outskirts of Ennis in Doora, with an agreed deadline of having the Bal- laghboy site, which accommodates 16 families, closed down by Decem- ber of this year.

In the review of the Traveller ac- commodation programme, _ the council acknowledges the proposed closure “will pose considerable dif- ficulties to both Ennis Town Coun- cil and Clare County Council as the preference of many of the families on the site is for a range of social housing options”.

An emergency nine-family site was constructed in Ennistymon during the lifetime of the existing plan.

The review confirms that the coun- cil is making progress in providing permanent sites at five sites around Ennis at Knockanean, Ashline, Kil- morane, Ballaghboy and the Lahinch Road area, while it is progressing on two permanent sites in Ennistymon.