Law « Thurles Information

Tipperary Women Fail In Damages Claims Made Against Tipperary Co. Co.

Two Tipperary women have lost separate High Court claims for damages, made against Tipperary County Council; over injuries they suffered getting out of a swing at a Tipperary playground.

Ms Sarah Kennedy, from Ballyknockane, Clogheen, Cahir, Co. Tipperary, and Ms Susan O’Mahoney, of Ballyvera, Goatenbridge, Ardfinnan, Clonmel, Co. Tipperary, both sued over ankle injuries they had sustained on two separate occasions, (July 13th, 2016 and March 30th, 2016 respectively), while using a children’s “bird’s nest” style basket swing, in a community funded children’s playground, in the village of Newcastle, latter some 16km from Clonmel, in Co. Tipperary.

Dismissing both their cases, Mr Justice Michael Twomey found that there was no negligence or indeed breach of duty by Tipperary County Council; deciding the accidents were caused by two adults using equipment not in any way designed for use by adults. He said common sense would tell any adult they should not use a swing designed solely for use by children.

Mr Justice Twomey stated, that an “impecunious plaintiff” (Person who brings a case, having little or no money) with an “unmeritorious claim” (A claim lacking in value or merit) for a minor injury, and who is hoping for a settlement, might bring a claim in the higher court, for “economic reasons”.

Both women were acquaintances and the cases were heard together, as they both involved similar claims. Both ladies were seeking damages from the council at the High Court level of more than €60,000.

The judge said that even if the claims had merit, they should have been taken in the district court, and if there had been any entitlement to damages, a reasonable and proportionate award would have been settled between €5,000 and €7,000 in damages.

One is reminded of a similar incident, when a 43 year old Fine Gael TD, Ms Maria Bailey, sued The Dean Hotel in Dublin. Ms Bailey was holding items in both her hands while having her photo taken, causing her to fall out of a swing on the 5th floor in Sophie’s Bar.

Cannabis, Cocaine & Alprozolam Tablets Seized By Tipperary Gardaí.

In a joint operation between Cashel and Thurles Drugs Units, latter involved on investigating the sale and supply of controlled drugs and other controlled substances within the Cashel and Thurles areas; has led to the seizure of approximately €16,000 of Cannabis, Cocaine and Alprozolam tablets.

Alprazolam tablets, which act on the brain and central nervous system when consumed, can increase the risk of serious life-threatening breathing problems or a coma, if used along with certain other medications, such as codeine.

On October 8th, 2021, a van was stopped and searched outside Cashel Town. Same search, by Gardaí, led to the location and seizure of Cannabis to the value of €5,000.

In a follow up operation, the conducted search of a house in the Dualla area of Cashel, led to a further €11,000 of Cannabis, Cocaine and Alprozolam being located. Latter located narcotic substances, plus cash to the tune of €4,000, were also seized.

One man was arrested and interviewed in Cahir Garda Station. A file will now be prepared for the Director of Public Prosecutions.

‘Paw-Parents’ Worried About Noise From Illegal Fireworks

During the Covid-19 pandemic of the last 20 or so months, many households became first-time ‘paw-parents’, buying puppies or rescuing dogs held in shelters. These new ‘paw-parents’ did so in the knowledge that a pet could be the cure to keeping family members from tearing each other’s hair out, as they cocooned together, with more time to spare, corralled at home.

Now, according to the Irish Society for Prevention of Cruelty to Animals (ISPCA), same owners of these pets are extremely worried by the noise soon to be generated by illegal fireworks, the use of which becomes an increasing problem in the weeks before, during and after the Halloween period.

In the past, here in Co. Tipperary, thankfully for a short time only, fireworks were fashionable to entertain guests at weddings. Hotels, newly married couples, Insurance companies and professional licenced fireworks operators soon found themselves in legal wrangles, particularly by members of the farming community, when frightened mares lost their foals and terrorised cattle lost their calves or bursting through wire fences, ended up having to be put down, because of broken limbs.

**Fireworks, valued at some €1,000 seized by Clonmel Gardaí**.

Recently the Minister for Justice, Ms Heather Humphreys, launched a fireworks awareness campaign at the Dublin Fire Brigade Training Centre in association with members of An Garda Síochána, Dublin Fire Brigade and the ISPCA. The Minister warned that people who sell or light fireworks this Halloween face fines of up to €10,000 and or up to five years in prison.

Legislation came into effect in 2006, which make it an offence to possess fireworks with intent to sell or supply without a licence; light unlicensed fireworks, or throw or direct a lit firework at any person or property.

Gardaí attached to Clonmel Garda Station in South Tipperary, carried out a search under warrant in the Oldbridge area of Clonmel on September 27th last. During the course of this search, a large amount of fireworks, valued at some €1,000, were seized.

Gardaí are now reminding the public that such items are illegal and dangerous. Gardaí are continuing to target the sale and supply of fireworks and to address such anti-social behaviour in communities; same part of “Operation Tombola“.

Fireworks include items which burn and explode to produce noise or a visual effect for entertainment. Sparklers, bangers, fountains and rockets are all categorised as fireworks.

Most fireworks here in the Irish Republic can only be bought and used by professional, licenced operators. They require a licence to import them into Ireland and the way they are stored and used is strictly regulated by our laws on explosives.

Let’s all work together to have a safe and fun Halloween this year!

Rise Above Influence Of Drug Use – Make Responsible Decisions.

In 2020, 674 people under the age of 18 entered drug treatment, the majority for cannabis as their main problem drug.
In 2020, 1,874 people between the age of 18 – 24 entered drug treatment, with over 61% using more than one drug.
In 2017, 53 people below the age of 24 died from a drug-related illness.

As part of their ‘Campus Watch’ programme; Gardaí are launching their #Riseabovetheinfluence drug awareness campaign, as students return to college.

The campaign aims to encourage students to seek out positive influences and avoid the harmful consequences of drugs misuse.

Detective Superintendent Sé McCormack of the Garda National Drugs and Organised Crime Bureau said, “Freshers Week should be a time for celebration, the beginning of something good in your life. Don’t let drug use end your career before it starts.

If you use drugs such as Cannabis, Cocaine, Ketamine and MDMA, you are committing a criminal offence and also risking addiction, loss of career opportunities, under-achievement, and international travel restrictions. Taking other substances like cannabis edibles: jellies, sweets, drinks, vapes, or synthetic cannabinoids or nitrous oxide balloons also carries health and prosecution risks.

Taking un-prescribed ‘study’ drugs or sleeping pills can lead to anxiety, addiction and psychosis. Multiple or Poly-drug use is extremely dangerous and increases your risk of overdose or death.

While we strive to keep people safe, we believe that you can also help keep yourself safe. Contact the emergency services if you become ill after consuming a drug or are in the presence of somebody who may be ill.

Our “Rise above the influence” message is simple. Your future is in your hands. Seek out positive influences on Campus. Choose the influences which will enhance your future career. Make responsible decisions for yourself and be aware of those around you. Don’t become another victim of the drug trade.

Drug use can lead to addiction, debt, prison and the destruction of your physical and mental health. You don’t know what you’re taking. You don’t know where it will take you.”

Gardaí Seize Cannabis At Cashel Road, Clonmel.

**Photo courtesy of An Garda Síochána, Co. Tipperary**.

On the evening of September 16th last (2021) Clonmel Gardaí acting on reliable information, executed a search warrant at an address in the Cashel Road area of Clonmel, in south Co. Tipperary.

Upon searching a house in that area, approximately €1750 worth of cannabis was found and seized by Gardaí.

A man has since been arrested under Section 4 of the Criminal Justice Act 1984 and taken to Clonmel Garda Station for questioning.
The man was subsequently released from Garda custody without charge, pending a full investigation file being sent to the Office of the Director of Public Prosecutions (DPP).

Thurles search warrant reveals cocaine mixed with baking soda.

Meanwhile, here in Thurles on September 1st last (2021), Gardaí executed a search warrant under the misuse of drugs act, at No.3 St. Bridget’s Terrace, Thurles, at the home address occupied by Mr Ned Reilly.

During the search Gardaí located five small zip lock bags containing a white powder, later discovered to be a mix of cocaine and baking soda, with an estimated street value of €375 and destined for local Thurles sale.

Mr Reilly has since appeared in court and was sentenced to four months in prison, same suspended for two years on condition that Mr Reilly enter into a Section 99 peace bond of €250.