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Michael Lowry Loses Sam Smyth High Court Case

Deputy M. Lowry

Mr Michael Lowry, Independent TD for North Tipperary, has lost his High Court case in securing a summary ruling in his defamation case over comments made by journalist Mr Sam Smyth which, Mr Lowry claimed, wrongly meant he was a thief.

The President of the High Court, Mr Justice Nicholas Kearns today rejected Mr Lowry’s claim that he was entitled to a summary order under the new Defamation Act 2009, on grounds that Mr Smyth had no arguable defence to the alleged defamation. Justice Kearns stated “On the contrary, it seems clear the defendant (Journalist Mr Sam Smyth) has a good arguable case in respect of both publications.”

Justice Kearns also awarded costs against Mr Lowry in both the High Court and Circuit Courts.

Justice Kearns also stated that in relation to the alleged defamation on “The Vincent Browne Show,” he was satisfied Mr Smyth was entitled to argue the words “hand in till” may be taken as referring to tax fraud and bills inappropriately picked up for the benefit of Mr Lowry by business interests.

Septic Tank Fee Reduced

In what is observed as a major u-turn this evening, Environment Minister, Mr Phil Hogan, speaking from Dundrum House Hotel in Co Tipperary, has announced a reduced inspection fee for rural septic tank inspection.

Mr Hogan said the anticipated fee for septic tank inspection, will now be reduced from €50 to just €5, for the first three months, while the charge is being introduced. He stated this lower rate was an incentive for septic tank owners to register early, with the deadline for registration being March of next year.

Mr Hogan said that full new guidelines, regarding septic tank standards, will be announced in the coming days. He also stated that this legislation will now ensure that if people’s septic tank systems are working properly, the impact of the new system will be minor.

Phil Hogan’s Presentation On Septic Tanks Clearly Bogus

According to the U.S. Department of Agriculture, a farm sustaining 2,500 cows has the ability to produce the equivalent in waste matter as a city containing 400,000 residents. Animal feeding operations annually produce about 100 times more manure than the amount of human sewage sludge processed in US municipal waste-water plants.

Ireland’s rural human population is numbered at about 1.6 to 1.8 million and these human statistics surely are dwarfed by a rural population of necessary animals which can include Deer, Pigs, Sheep, Poultry and Cattle. Surely any seepage from malfunctioning domestic septic tanks is insignificant, particularly when compared to the amount of animal waste pumped directly onto land as slurry.

I won’t even enter into discussion on the use of pesticides, antibiotics and over use of nitrogen, the rules for which most EU Governments have failed to meet their obligations under existing law, in an effort to protect rural residents and communities.

Farmers in Tipperary and Offaly were allowed “as an exceptional measure,” to spread slurry until the end of October in 2011. This decision was gifted by Minister Hogan, who extending the deadline because “weather conditions were beyond farmers control and this extension will make life easier on farmers in Tipperary and Offaly.”

Perhaps elected representatives in opposition, might waken up and seek proper clarity on where all of this is headed.

Male Shot on Newport Road

The Garda Ombudsman has been asked to investigate an incident which happened this evening near Newport in Co Tipperary, in which a man died.

The incident is understood to have happened between 8.00 and 9.00 pm and was referred to the Ombudsman by the Garda Commissioner.

The scene of this incident has now been preserved pending the arrival of investigators from the Ombudsman’s office.

It is understood that a male opened fire on Garda officers after being pulled over by a Garda patrol car, which observed him driving erratically. It is also understood that the as yet unnamed male then shot himself. The Gardai in the patrol car on the scene were believed to have been unarmed.

The body of the victim, which still remains at the scene, is believed to be a native of County Limerick, living in Tipperary.

Local Clubs To Inherit Closed Courthouses

Despite protests and walkouts by Solicitors, Roscrea and Templemore Courthouses have been closed.

North Tipperary County Council are now inviting “expressions of interest,” from local Clubs, Community groups and other Bodies for to tender for the use of these former Courthouses, with a view to making better use of said vacant buildings, located in both rural towns.

Proposals for shared use by a number of community based groups will now be considered.

Letters or emails of interest should be clearly marked: Courthouses – Expressions of Interest and should clearly state to which premises the request refers.

Such expressions of interest may be made in writing or by email and should specify the following information:

1. The proposed use of the premises.
2. The proposed frequency of use (e.g. full-time, one day per week, number of hours per day, week-ends only).
3. The proposed duration of any agreement.
4. The contribution which the club or group is prepared to make towards the maintenance of the premises.
5. Details of the constitution of the group or club, its membership and its full remit.
6. Details of the extent to which the proposed use will serve the local community (e.g. will use be confined to membership or will there be general access to the community?)
7. Name and number of contact person etc..

Expressions of interest should be sent by post to Rosemary Joyce, Senior Executive Officer, North Tipperary County Council, Corporate Support, Civic Offices, Limerick Road, Nenagh or by email to rosemary.joyce@northtippcoco.ie .

The closing date for receipt of expressions of interest is Friday 24th February 2012.

Court Lenient In Tipperary Sexual Assault Case

Joseph Finnerty

The Irish Court of Criminal Appeal has today ruled that a three-year sentence imposed on a Tipperary man, who kidnapped and sexually assaulted a 14-year-old girl, was too lenient.

Forty Seven year old Mr Joseph Finnerty, Grove Villas, Roscrea, who previously resided with his elderly mother, is just weeks away from prison release, having been convicted of false imprisonment and sexual assault in 2009.

During the assault Mr Finnerty’s victim had tried to escape from his car, as he drove her to Glassderry Wood in Co Offaly, prior to attacking her. His victim claimed that the events of that night, had completely destroyed her life making her anxious and hyper-vigilant.

Following his six-day trial at the Central Criminal Court, the accused was found guilty and jailed for three years, but today the DPP appealed that sentence handed down, on the grounds that same was unduly lenient.

The court heard that it was hard to imagine how one single incident of sexual assault could have been worse, than in this case, where a young girl had been preyed upon by an older man.

Lawyers representing Joseph Finnerty stated that their client had no previous history of any sexual offences. However during the trial in 2009 Sgt Aidan Farrelly had stated that Mr Finnerty had 25 previous other convictions, which included three assaults, road traffic offences and criminal damage.

The court today added an additional one year to Mr Finnerty’s sentence, which is to be suspended on the grounds that Mr Finnerty is due for release, from his custodial sentence, in the coming weeks.