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Tag Archives: court

Case involving Council and Travellers not over, says CEO

CLARE County Council, CEO Pat Dowling has explained that the recent decision by the Supreme Court requiring members of the Traveller community to vacate a site in Ennis does not mean the case has relatively limited implications, and the matter has not been concluded. Two Ennis councillors Johnny Flynn and Clare Colleran Molloy, had motions before February’s meeting of Clare County Council seeking information. Responding to them, Mr Dowling read a statement on the matter, before saying that the case is still ongoing and appealing that further debate not take place in the circumstances. Mr Dowling said that he wanted to “give a very quick factual background” to the members. He said that there have been legal issues between the Council and the people involved in the case for some time. “As you know there is a history of litigation between the Council and Mr and Mrs McDonagh over the past five years. They initially sought to prevent the development …

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Supreme Court rules against Council eviction of Traveller family

THE Supreme Court has overturned a decision allowing Clare County Council to evict a Traveller family who have been living on lands in Ennis for several years. An injunction had been secured by the local authority from the High Court requiring Bernard and Helen McDonagh, and members of their family, to immediately vacate council-owned lands at Cahercallamore, Ennis. However, this week the family’s appeal against their eviction was upheld, with five Supreme Court justices ruling unanimously in favour of the McDonagh family. The Irish Human Rights and Equality Commission has welcomed the ruling, describing it as significant. The mandatory injunction, granted in 2019, was to remain in place pending the outcome of the full hearing of the dispute. Seeking the injunction, the council claimed the McDonaghs were unlawfully occupying the site and had also breached the 2000 Planning and Development Act by the unauthorised development there of a roadway and courtyard. The injunction was upheld on appeal by the Court …

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Cooraclare farmer not guilty of criminal damage to mother’s home

A JURY has returned a verdict of not guilty at the trial of a west Clare farmer who had been accused of using a digger to cause €50,000 worth of damage to his mother’s home, reports Ronan Judge. At Ennis Circuit Court today, it took the jury 36 minutes to find John Morrissey (53) not guilty of a single count of criminal damage. The Cooraclare native embraced his wife and thanked his solicitor Stiofán Fitzpatrick after the verdict was read out. Discharging the jury, Judge Brian O’Callaghan said, “This has been a sad case in many respects.” Mr Morrissey, a married father of six, with an address at Clonreddan, Cooraclare, had pleaded not guilty to the charge of criminal damage. The charge stated he caused, without lawful excuse, damage to the external and internal structure of his mother, Mary Morrissey’s home in Alva, Cooraclare on December 13, 2019. The charge stated he damaged the contents of the house, an external …

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Man charged with murder of woman in Ennis

A 34-year-old man has been charged with the murder of a woman in Ennis. Patrick Ballard, with an address at Ashford Court, Ennis, appeared at Ennis District Court today (March 24). He is charged with the murder of mother of two, Sharon Bennett (29). Ballard was previously charged with assault causing harm to Ms Bennett in the Market area of Ennis on January 28. That charge was today withdrawn and struck out. The accused was remanded in custody to appear at Gort district court tomorrow. The issue of bail was not raised in court as the district court does not have jurisdiction to deal with a bail application on a murder charge. Sharon Bennett, a native of Wexford, died at University Hospital Limerick on February 10, thirteen days after she was admitted. In court today, detective Garda Noelle Bergin of Ennis Garda Station said she arrested Ballard for the purpose of charge at Ennis Courthouse at 10.29am At 10.30am, the court …

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Judge requests Gardaí to bring pregnant woman for hospital scan en route to escorting mother of five to jail

A judge has asked Gardaí to bring a pregnant woman to a maternity hospital for a scheduled pregnancy scan en route to escorting the mother of five to Limerick prison. At Ennis District Court, Judge Patrick Durcan admitted that the court request to Gardaí concerning Annie Joyce’s (30) pregnancy scan “is very unusual”. Judge Durcan asked that the maternity hospital in Limerick be advised of the situation and that Ms Joyce can be brought there securely by Gardaí. Judge Durcan said, “I appreciate that there are additional pressures with Covid-19” and in response to Judge Durcan’s request, Sgt Louis Moloney told the judge: “We will do our best.” Judge Durcan made his request after solicitor for Ms Joyce (30) of St Enda’s, Beechpark, Ennis, Tara Godfrey alerted the judge that her client is pregnant and was due to have a medical scan at midday on Thursday at the maternity hospital in Limerick. Ms Godfrey made Judge Durcan aware that Ms …

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Woman remains in ‘unconscious state’ in hospital following alleged assault

A WOMAN allegedly assaulted in Ennis town centre on Thursday evening remains in an “unconscious state” in hospital, a court has heard. Details of the woman’s condition were outlined at a special sitting of Ennis District Court today (January 30), during the appearance of the man accused of her assault. Patrick Ballard (34), with an address at Ashford Court Hotel, Ennis, is charged with assault causing harm to his then girlfriend Sharon Bennett at Garranakilla, the Market, Ennis, on January 28, 2021. The alleged offence is contrary to Section 3 of the Non Fatal Offences Against The Person Act. At today’s court sitting, Detective Garda Noelle Bergin of Ennis Garda Station gave evidence of the arrest, charge and caution of Mr Ballard. She told the court that in reply to the charge after caution, the accused said, “I’m sorry for what happened.” Solicitor Tara Godfrey was assigned legal aid to represent the accused. Ms Godfrey told the court she was …

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Man in his 30s charged in relation to Ennis assault

A man in his 30s has been charged in relation to an assault that occurred in the Market area of Ennis on Thursday night. He is due to appear before a special sitting of Ennis District Court at 11am tomorrow (Saturday) morning. At around 6.20pm on Thursday evening, Gardaí were alerted to the assault. A woman in her late 20s was taken to University Hospital Limerick with what are described as serious injuries.

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