The Clare People Archive

FOUR babies slept in a room in an Ennis creche where the smell of must was “overpowering” – according to HSE inspectors who called to the Eee

HSE pre-school inspector Carmel Devane told the court yesterday that as a result of an anonymous com- plaint, she and a colleague arrived unannounced at Hopscotch Child- care and Montessori in March 2006.

She said she got a “strong smell of urine from the sanitary accommo- dation area, despite the fact that the Windows were wide open”.

“There was no hot water in both wash basins and the bin attached to the wall was dirty,” she said.

Asked was it satisfactory, she re- plied, “No it wasn’t. Proper cleaning procedure wasn’t in place.”

She said she noticed a musty smell from a sleeping room where four babies were asleep. She also saw two dirty cloths on a radiator in the elrentoee

“IT was concerned about the sanitary accommodation,” she said.

Her colleague Margaret Neylon said the strong smell of must from the sleeping room was “very over- OXOuios ub area

“Ms Baker said the smell was due to a child having a soiled nappy. We didn’t accept that. It was a smell of must,” she said.

She said the toilet bowls were dirty and hadn’t been flushed.

Defending solicitor Niall Casey said, “There was a smell of urine. What do you expect? It’s a toilet fa- cility.”

He said he was concerned there was an over reliance on an anonymous complaint.

“The complaint to me was an over- riding misconception that they had when they arrived at the premises and that has tainted their evidence,” he said.

“No child was prejudiced. No child was injured,” said Mr Casey.

Cathal Minihane, representing the HSE, said there was ample evidence

that the sanitary facilities were in a dirty condition.

“I’d certainly prefer to have a smell of a cleaning product rather than urine,’ he said.

“The HSE 1s not looking for perfec- tion but a certain level of hygiene and cleanliness. A creche should have hot running water,’ said Mr Minihane.

Mr Casey applied for the charges to be dismissed. Judge Lucey dismissed the case relating to the record-keep- ing, but did not rule on the other two counts until later this week.

One of those is an allegation that Ms Baker failed to ensure that fix- tures and fittings were in a clean and hygienic condition, while the other relates to an alleged failure to ensure there were adequate suitable sanitary facilities provided.

FOUR of the 50 counts against the proprietor of a créche in Ennis, relat- ing to the running of the premises, have been dismissed by the judge hearing the case.

Martina Baker, of Hopscotch Child- care and Montessori, Quin Road, En- nis, faced seven summonses, divided into 50 counts, relating to various inspections on dates between March 2006 and January 2007.

Judge Tim Lucey heard evidence relating to six of the counts on the first day of the hearing at Ennis Dis- trict Court yesterday and dismissed four of the six, while he has yet to rule on the two others.

Three of the charges he dismissed relate to keeping records while the other was an allegation that Ms Baker failed to ensure adequate ar- rangements were in place to summon medical assistance promptly in an emergency.

Among the remaining counts due

to be contested in court today (Tues- day) include that she is alleged to have failed to ensure the premises

was adequately heated, failed to se- cure the gates in the play area and failed to ensure there was sufficient

nutritional and varied food available for the children. Among the allegations against Ms

Baker include that she failed to take all reasonable measures to ensure the health, safety and welfare of all pre- school children; that she failed to en- sure every child had a suitable means of progression and development with books, games etc, regarding his/her age and stage of development.

She is accused of failing to ensure there was a sufficient number of com- petent adults to supervise preschool children in the service at all times.

She is also accused of failing to provide a suitable equipped First Aid box and failing to ensure there was adequate means of ventilation pro- vided on the premises.

She is further accused of failing to ensure all waste and refuse was dis- posed off frequently and in such a manner as to not cause a nuisance.

AS CLONLARA captain Paul Collins waited to collect the cup from Munster chairman Seamus O’Gorman, he smiled and shook his head in disbelief. In his acceptance speech, he confirmed this incredu- lous feeling by stating that it has been an unbelieveable year. That feeling was echoed all over Cusack Park by the 2,000 plus crowd who were still coming to terms with what they had just witnessed.

Clonlara have done so well this year that they have actually sur- prised themselves by getting this far. Collins himself may have missed the semi-final against Tipperary champions Lorrha due to a family bereavement but in typical Clonlara fashion, he slipped seamlessly back into the side on Sunday as if he had

never been away. Two vital first half blocks emphasised his importance to the team and set them on their way to a first Munster crown. An achieve- ment which he still finds difficult to sink in.

“The whole thing is just unbelie- veable,” said Collins. “How do you describe it? It’s like a dream and we are just waiting to wake up.

“It was strange today compared to the other matches where we tended to get out ahead then drop back and lose it and then having to fight hard to get back in it. But today thank God we got out in front and we stayed out in front. There was always a danger that they could come back and we could run out of time but thank God, we had the luck on the day.”

Luck certainly played it’s part but essentially Clonlara deserved this title more than Dromin-Athlacca. In

what has been one of the most excit- ing runs in the competition’s history, Clonlara were just too strong for the Limerick champions and played with an added spring to their step after famous wins over Carrigtwohill and Lorrha.

“The previous games stood to us,” agreed Collins “It’s great because there was no pressure going into the Munster competition. It’s a great competition and it lets lads play their own style of hurling and it’s a bit freer. It showed there when we were hurling well again today.”

“THE BEATLES once said _ that they were bigger than Jesus but I’ll tell you – there’s a manager, a selec- tor and a chairman down in Clonlara and they are bigger than the Beatles ever were.” That was Clonlara cap- tain Paul Collins assessment of his management team and _ whatever about being compared to the son of God, manager Jim Gully is certainly the ‘special one’ of Clonlara hurling right now.

Along with Niall Hogan, Kieran Whelan and Pat Conlon, Gully has transformed this Clonlara side into the slick machine that appeared on Sunday. It’s been a long hard year for the South East Clare side but now they will feel that all that hard work has been worthwhile after winning their first Munster title. No more so than Gully himself as he collected his thoughts after the game.

“T suppose you look forward to the county championship all the time and it is your goal but this is just an added bonus really. I think since the Cork game, our lads took on a whole new way of hurling really. They seem to hurl with a bit more freedom and the same pressure didn’t seem to be there. The fact that you know very little about the opposition and they know very little about you, the game tends to be open and you are 20 minutes into the match before you realise what way the other team are and what way your own team are go- ing. It’s a fantastic competition and it brought our club alive. That’s all I can say, it brought it alive.”

There were no massive comebacks needed on Sunday but leading all the way through didn’t seem to sit well with Clonlara at times. Like Muham- mad Ali’s rope a dope tactic in the famous Rumble in the Jungle fight against George Foreman or similar

to a hurler who needs a belt before they start to perform, Clonlara ap- peared more comfortable in previous games having to battle back from behind rather than hold the lead for the hour.

“We had kind of spoken about it for the last two weeks and we said that someday these comebacks won’t work for us,’ mentions Gully. “We had driven it into them that they were going to have to give everything in the first half and then I think the way we started the second half, probably scoring five or six points, suddenly the lead is gone out to nine or ten and really they weren’t causing us an awful lot of problems. It think at that stage it was thirteen points to three and unless they scored two or three freak goals, we were always going to be there. They hadn’t really threat- ened our goal and I thought that we should have been further ahead real- ly. We had a couple of great chances where we probably took a step too many or didn’t let the ball go when we should have but to finally win it was great.”

Gully also picked out John Conlon for special praise after the county minor scored 1-3 from play with the goal in particular coming at a crucial stage of the second half when Clon- lara seemed to be letting the Limer- ick side back into the game.

“John Conlon played a magnificent part today. Without doubt he gave an exhibition of scoring – both points and that goal. To pick up the ball 50 yards out and solo 30 yards and just let fly was amazing and I think he scored fantastic points as well into the bargain. He was just on fire today and I think his goal probably killed the game as a contest.

‘The two previous games stood to us. Fellas were much more confident as well today. We took the lead and once we got the goal, we were nev-

er really threatened after that. Ger O’Connell pulled off a fantastic save at a vital time as well and after that. Dromin-Athlacca probably dropped their heads a bit.”

In his speech, Munster chairman Seamus O’Gorman stated that the Clonlara bandwagon rolls on but af- ter four games in five weeks, Gully felt that his side now need a week or two off to recharge the batteries be-

fore contemplating the All-Irleland series.

“We’ll take a break now. The lads need a break. We’re out now since the second week in February and the lads deserve a break. But we’re going to go there and give it a good lash. We said all along that we were going to do Clare hurling proud and I’d like to think that we have.”

It will be the new year before Clon-

lara are back in action and if Paul Collins’ comparisons with the man above are to be believed, perhaps Clonlara have been aided by divine intervention along the way. Nothing would surprise anyone about this Clonlara side.

A MAN who kicked another man while he was on the ground has been jailed for four months, despite a plea from the victim’s father not to send him to jail.

Trevor McMahon (36) of Sandfield Centre, Ennis, pleaded guilty to as- saulting Owen Walsh, causing him harm, at Sheil’s garage, Gort Road, Ennis, in the early hours of on Au- gust 25 last year.

Inspector Michael Gallagher told Ennis District Court that following a complaint, gardai viewed CCTV footage at the garage.

He said the footage showed that there was a scuffle in the forecourt and McMahon was “the major cul- ele

The injured party bled from the teeth, he said. Inspector Gallagher pointed out that the incident arose in the queue. Mr Walsh was knocked to

the ground and kicked.

Solicitor for the injured party, Stephen Nicholas told the court that his client suffered bad damage to two front teeth in the incident. “One is dead and has to be replaced,’ he said.

He said the cost of replacing the tooth will be between €3,000 and ono 0107

Solicitor for McMahon, Tara God- frey said her client is a voluntary worker and is currently in education.

‘There is an alternative for the in- jured party, the Criminal Injuries Tribunal can provide money. Mr Walsh might be able to find in that the means to have the tooth repaired,’ said Ms Godfrey. She said her client turned around and two men behind him seemed to be challenging him.

“In his mind, he was intimidated and he swung for Mr Walsh. Mr Walsh felt intimidated and pushed Mr McMahon,” she said.

“Mr McMahon stupidly lost the plot for the first time in 36 years,” SNToMCT BLO

Inspector Gallagher pointed out however that video evidence showed McMahon kicking Mr Walsh to the head while he was on the ground.

Judge Joseph Mangan imposed a four month jail term on McMahon and fixed a bond in the event of an appeal. Mr Walsh’s father then stood up and said he wanted to speak on behalf of his family.

“The family don’t want him to go to jail,” he said.

However Judge Mangan replied, “It’s not a case between you and the defendant. It’s a case between the State and the defendant. The courts must consider the community.”

A WOMAN was heard telling her friends that she told “the f***ing judge her mother was dead” just min- utes after she left a courtroom, when, in fact her mother was still alive. The bizarre allegations were made in the case of a woman accused of stealing €99.84 worth of groceries from Dunnes Stores in Ennis in Oc-

tober.

Margaret McCarthy, of O’Halloran’s Lane, Ennis, appeared at Ennis Dis- trict Court on the shoplifting charge on November 9.

On that date she told the court that her mother had died. The case was then struck out by the prosecution, who took pity on her.

However, Inspector Michael Gal- lagher told the court last Friday that

the State has since established that her mother had not died and the case was re-entered.

In evidence to the court on Friday, Ms McCarthy said she had got a call from her sister in the UK before she went into the courtroom on the previ- ous date, telling her the bad news.

Inspector Gallagher said, “It’s one thing to lie but the lie 1s being com- pounded further today. You went out

the door skitting, laughing.”

Garda Doody then told the court that he had met Ms McCarthy three times before the court case and she had not mentioned anything about her mother passing away.

He said shortly after the case was struck out, he heard her saying, “I told the f***ing judge my mother is dead,” and she started laughing.

Gda Doody said her friends told

her to stop laughing as they saw him observing, but Ms McCarthy simply replied, “Let it be.”

Judge Joseph Mangan commended Garda Doody on his vigilance. He jailed Ms McCarthy for a month and fixed a bond in the event of an ap- peal.

He refused to substitute the one month jail sentence with a commu- nity service order.

THREE young men who went in search of alcohol in the early hours of the morning went into a home and took property, a court has heard. Darrell Corbett (23), Mark Hayes (21) and Stephen O’Donoghue (21), with an address in Corrovorrin, En- nis, all pleaded guilty to entering a

building at Abbey Street, Ennis, as trespassers with intent to commit AMERY ENA

Detective Garda Kieran Kelle- her told Ennis District Court that the three entered a home on Abbey Street and removed a personal organ- iser, camera and suitcase. He said all of the property was later recovered.

Defending solicitor William Cahir

said Mr O’Donoghue had celebrated his 21st birthday that night.

“All three had been out and re- turned to their apartment in Cor- rovorrin. They ran out of drink. They were aware there had been a party at a house on Abbey Street. By some mark of genius one of them thought of going in to try to get more drink. Unfortunately they took other

things,” said Mr Cahir.

He said Hayes is currently out of work and hopes to pursue an appren- ticeship. O’Donoghue is in full-time employment, while Corbett has one previous conviction – also for a drink- related incident. “This was a matter that got out of control,” he said.

He said the accused men were “‘be- fuddled by the influence of alcohol.

They took one stupid decision after another which landed them in court here today.”

Judge Joseph Mangan imposed a three-month jail term in each case. He substituted Hayes’ and O’Donoghue’s sentence with com- munity service.

He fixed a bond in the event of an appeal by Corbett.

A CHARGE against a Lahinch nightclub, accused of allowing an underage girl on the premises, has been dismissed. However, the judge who heard the case commended the gardai and said the State was ‘per- fectly justified’ in bringing the pros- ecution.

Before the court was Sunny Bay Limited, trading as the Claremont Hotel, accused of allowing a person under the age of 18 on the premises while an exemption was in force.

A 17-year-old girl told Ennis Dis- trict Court that she went to the Clare- mont nightclub in Lahinch at around

12 midnight on March 24 last. She was 16 at the time.

She said she was not asked for iden- tification, paid her money and “just eNO .< ore mn 0 Asked by defending solicitor Stephen Nicholas was she “absolute- ly certain” she wasn’t asked for ID, she said she was “positive.” She said on another night previous- ly she had been asked for ID and was not allowed in, as she didn’t have it. Mr Nicholas said that still photo- graphs taken from CCTV footage showed the bouncer looking down at something, as the young girl entered the premises. “We say it’s your ID,” he said. Mr Nicholas said ID was sought that night and no-one is let into the premises without showing it. Sergeant John Ryan told the court he came across a young man in the promenade carpark, shortly after | am. The young man told him he was in Lahinch to collect his 16-year- old sister who was in the Claremont nightclub. He accompanied gardai to the nightclub and located his sister. Shortly after 1.30am, Sgt Ryan spoke to the young girl in the com- pany of the manager of the nightclub, Eamon Fitzgerald. ‘She said she had no ID and wasn’t asked for it. I put that to Eamon Fit- zgerald and he said ‘All I can do 1s put my hands up,” said Sgt Ryan. However Mr Nicholas said Mr Fit- zgerald “didn’t quite say that” but the garda repeated that he did. Sergeant Michael Gallery told the court that he took a statement from Mr Fitzgerald, some time after the incident. “The way I operate the nightclub is I have two staff at the door, to check for underage, drunkenness and trou- blemakers. I operate strict rules in relation to same,’ said Mr Fitzgerald, in the statement. Mr Fitzgerald told the court that if anyone looks “any way borderline” age-wise, his staff ask for ID. Martin Mullins, who worked as a bouncer that night, told the court that “no-one gets in without ID.” He said he did not physically recall the girl showing ID on the night in question, but he had taken ID from her in the past. “Most Saturday nights we would refuse 30 girls and 20 fellas for ID,” he said. Judge Joseph Mangan said, “The State was perfectly justified in bring- ing this prosecution and the diligence of the members of the gardai is to be commended. Their diligence is noth- ing new to the court, where Lahinch is concerned. However, I am left with a doubt in the matter. I’m dismiss- yi iarea

CLARE Council was yesterday ac- cused of turning its back on the lo- cal population in favour of providing mains water for new housing devel- opments.

A motion put forward by Cllr Joe Arkins (right) to attach 15 previously built houses at Nooan, Ruan onto the town’s mains system was rejected because of insufficient water being generated by the council’s treatment plant at Inchiquin.

“There is a good bit of land zoned for developments around Corofin and if a contractor wanted to tap into that tomorrow with 30 for 40 houses they could. But these local people who

have been living there for the last 20 years cannot get it. It is the most doable water scheme that I have ever seen and this is an opportunity that we should not miss.”

Cllr Arkins claimed that the house- holders were originally told that there was not enough capacity for their collection, but a large number of houses have been connected since they were refused.

“After saying that there was not enough water capacity, Clare County Council went ahead themselves and build 15 houses. Nooan, Ruan is the very heart of the old village, most of it is in the 30 mph speed limit. We can supply Tom, Dick and Harry and we can’t supply our own houses.”

Senior Executive Engineer, Hubert Newell, said that there was problem with the Corofin water system and that they had made applications for funding to carry out upgrades.

Meanwhile, Cllr Richard Nagle (FF), called for an area around Lis- cannor Pier, recently purchased by the council, to be cleaned up as a matter of urgency.

“It has been an eye sore in the area for years and we need to get the basic facilities in place as quickly as pos- sibly. The rest of the project might take years but we need to get rid of the eyesore as soon as possible. A million people travel that road every year on their way to the cliffs,” he SrAKOe

EAST Clare politicians have called for a special meeting of their area council and want representatives from the National Parks And Wild- life service to attend.

Elected representatives say they are not comforted by the information provided at a meeting in Tulla on the proposal to include large tracts of land in the Slieve Aughty range in the Special Protection Areas (SPAs) for the endangered Hen Harrier.

The wildlife service held an infor- mation session in TJulla on Friday for people who are likely to be af- fected by the decision to make Slieve Aughty an SPA.

But local councillor, Pat Hayes(FF) who is himself a landowner in the area, said that the meeting raised as many concerns as it answered.

“It appears now that landowners will not be paid for all their land be- ing made a protection area, only for those bits of it that are mountainey and scrub. The Hen Harrier doesn’t distinguish between grassland and oul one

Cllr Hayes said he is concerned about the effect which the SPA’s may have on planning and selling sites in the future.

He is also concerned that it may af-

fect applications currently before the local authority for windfarms in the en aXes

“We’re told that it won’t affect planning yet every application which is made on the land covered by the SPA will have to be referred to the national wildlife service’, said Cllr SEM exy

“It seems that all of the national stakeholders have signed up to this, farming organisations, Coillte, for- estry Services.

‘“They’ve all singed up to it except the real stakeholders – the landown- ers”, Cllr Hayes said.

He added that he wants to see pay- ments made on all lands covered the protection order and not just tracts of those lands.

Earlier in the week, councillors at- tending a meeting of the Scariff area committee of Clare County Council asked their offices to find a date for a special meeting to discuss the is- sue and for representatives of the wildlife service to be invited to that meeting.

In information supplied to mem- bers of the Scariff area committee, the wildlife service said that ac- tivities such as turf cutting, existing farming or forestry activities, con- struction of private houses or farm infrastructure.