Keeping you up to date with the new RSA annoucements on drink driving

The Road Safety Authority have released a series of advertisements keeping people in the know of how much is too much and the repercussions of drink driving with the law. We've decided to give you the lowdown and be aware of what is in store for anyone who attempts to drive after a few drinks.


Fines will start at €200 for a driver with a blood alcohol concentration (BAC) of 50mg to 80mg, €400 with a BAC from 80mg to 100mg. Drivers with a BAC of 80mg to 100mg will not be allowed to hold a drivers licence for 6 months, regardless of penalty points or how many are obtained over a period of 3 years.


Drivers with a BAC between 50mg to 80mg will receive 3 penalty points, which will be present on their licence for the following 3 years. An accumulation of twelve points over a 3 year period will result in the driver being disqualified from driving for 6 months.


For learner drivers, newly qualified and professional drivers, which are those driving buses, goods vehicles and taxis, they will be fined €200. These drivers will be disqualified from driving for 3 months.


In every case, all drivers will be under arrest and brought to the nearest Garda Station. Blood, urine or breath samples will be taken as evidence and to measure the amount of alcohol present in the body. Each driver will then be served with a fixed penalty notice. Failure to accept this notice and choosing to go to court instead may involve increased fines and disqualification of driving for up to one year.


With the bank  holiday weekend approaching, drink driving is often on the increase so remember to drive safely and use alcohol responsibly.


However, for all road traffic offences, never hesitate to call Laura Shannon at Shannons Solicitors on 01 840 1780 for representation and the best advice.
And for more information on the Road Traffic Authority visit www.rsa.ie

Pfizer Inc. pay settlement due to the marketing of an illegal drug.

Drug makers, Pfizer Inc. has had to agree on the payment of $14.5 million to the government over the wrongful advertising of a drug for an overactive bladder condition.



This settlement comes after $2.3 billion was paid out in 2009 for criminal charges. Many of these involved claims by civilians and as their fourth settlement proceeding in a year, it involved with the illegal marketing of medicine to about 13 large sellers, including Viagra. The 2009 settlement sparked the agreement that the Pfizer had to be monitored for the following five years with regards to violating the law and continuing to market new drugs.



Detrol, the drug involved in this 2011 case, was advertised to men with swollen prostates and other bladder related conditions. However, the medicine was not approved for these cases and was actually for leaking problems and the need to urinate more often than usual.



Pfizer Inc. denies the accusations and admits to settling as a way to avoid ‘the cost and distraction of litigation.’



The payment to the government of $14.5 million will be divided among state Medicaid programs and the federal government. Whistleblowers who reported the wrong doing by the pharmaceutical company, will receive $3.2 million from the governments share.



The latest settlement was announced last Friday by the U.S. Attorney’s office, Boston.

If you or someone you know have had a similar experience with a drug recall or any other legal matter, please don’t hesitate to contact Vincent Shannon at Shannons Solicitors in Swords and visit Drug Recalls Europe to find a lot of information that can help you on the matter of recalls and defects.

News and Cases from the Court

A student from Skerries recently pleaded guilty to driving a vehicle without a licence, without an NCT disk and with no insurance. Stopped on Main Street, Rush in June 2011, Dean Foran has been disqualified from driving for the next six months as well as fined €650 by Judge Patrick Brady. He had no previous convictions.

A young man, who drove a vehicle without a fully licensed driver, was fined €150 at Balbriggan District Court. Gerard Hoare from Rush pleaded guilty to driving the car unaccompanied in June of this year. Hoare's solicitor said he drove the car as his mother was ill and he needed to get the messages for her. Judge Patrick Brady warned Hoare not to drive alone until he is fully qualified to do so and charged the 20-year-old €150.

A woman who has been charged with being drunk and in turn using threatening behaviour was remanded on bail at Balbriggan District Court last week. Melissa Bell of Pasture's Way in Balbriggan apparently refused to take garda direction and used abusive behaviour on June 18th. Judge Patrick Brady granted Bell's solicitor disclosure and adjourned the case until October 20th.

A man who allegedly handled stolen property had his case adjourned at Balbriggan District Court last week. Hugh Nevin from Co. Laois was charged with handling a chainsaw apparently knowing it was stolen at Balbriggan Sunday Market on February 13th. Nevin will appear in court again, on November 3rd, for a plea.

Caught drink driving for a second time within four years, a man living in Tullyallen in Co. Louth has been banned from driving for six years and ordered to do community service. Gints Kazbukis was brought to Santry Garda Station where he was breathalysed. His previous convictions consisted of speeding in 2007 and drink driving in 2008. In lieu of spending five months in prison, Kazbukis did 150 hours of community service. 'He is extremely apologetic' and 'has learned his lesson', solicitor Fiona Kelly said. The father of three, from Latvia, is aware that if he commits such an offence again, he will serve the prison sentence.

Possession of cannibas worth €30 cost a man from Lusk a fine of €150. Dominic Daly pleaded guilty at an Apple Green service station in Balbriggan in April of this year. The 25-year-old admitted to the court that it was 'a stupid mistake' and paid the fine.

A fine of €450 was handed to a young man who was found with cocaine for his own recreational use. Pleading guilty to possession of the drug, Gareth Lokko of Balbriggan had €140 worth of cocaine which was found when his home was searched on April 11th.

A man in Balbriggan has been ordered to pay €1,500 in compensation for assault. For a probation report to be compiled, his case has been adjourned. Stephen Teeling from Darcystown in Balbriggan admitted to and pleaded guilty to assaulting Mark McMahon at The Harbour View on January 8th. The case was adjourned until October 20th for the report.

And lastly, a man who stole a vehicle, which, he then crashed, has had his case adjourned, as Judge Patrick Brady needed an estimation of damages. Pleading guilty to the theft in Skerries, Patrick Redden from Galway failed to stop for the gardai when they were alerted in the early hours of September 17th. There was no value given to the damage so Redden was remanded on bail until October 20th when a proper report could be compiled.

And that's a summary of what's been happening in the courts. Don't forget to stop by our blog regularly and catch all of the latest and updated legal news.

Cork boarding school sex abuse claims: HSE launches probe

The Health Service Executive (HSE) is to conduct an investigation into allegations that pupils at a boarding school were sexually abused in the past while it was being run by the Missionaries of the Sacred Heart.

The allegations related to Colaiste an Chroi Naofa in Carraig Na Bhfear, Co Cork, in the 1980s and early 1990s and were highlighted in the Seanad by Senator Mark Daly under parliamentary privilege.

Seven abuse complaints were made by six men and one woman against the school's former principal Fr Donncha MacCarthaigh, who has denied any wrongdoing.
He was a Cork GAA county selector and trainer between 1986 and 2008. In the late 1980s he stepped aside as principal and became a career guidance counsellor in the school. He was put on restricted ministry in the mid-1990s.
Gordon Jeyes, the HSE national director for children and families, announced yesterday it would begin an inquiry.
He said the inquiry would co-operate with the gardai and asked anyone who had any information to come forward.

Minister for Children Frances Fitzgerald and Justice Minister Alan Shatter welcomed the decision.

They were assured that nobody against whom allegations have been made "were currently engaged in any work activities which bring them into contact with children".
Another former teacher at the school, Fr Tadhg Daly, was convicted of 10 sample counts of indecent assault of a 12-year-old former pupil in 1999 and sentenced to three years in prison.
Senator Daly said the first complaint of sexual abuse against Fr MacCarthaigh was in 1986. Although he was put on restricted ministry a decade later, he has been saying Mass and regularly leaves the country wearing a priest's collar.
Under restricted ministry he is to "refrain from being identified as a Roman Catholic priest".
The National Board for Safeguarding Children confirmed it is also investigating the order's child protection policy and handling of complaints.
The school is currently a day co-educational voluntary school attended by 450 pupils. It is run by a board of management representing trustees, parents and staff.

- Eilish O'Regan and Fionnan Sheahan (Irish Independent)

NOTE:  If you are a vicitim and would like to discuss this or any of the other blogs, please feel free to contact Shannons Solicitors at +353-1-8401780 or via www.shannons.ie

Anti-psychotic drugs discovered in Nurofen Plus packets

The Irish Medicines Board (IMB) yesterday began recalling all packs of Nurofen Plus tablets from Irish wholesalers for checking after some were sabotaged in the UK.

Five packets found in Britain and Northern Ireland were found to contain an anti-psychotic drug after being tampered with.

The IMB said it was taking the move as a precautionary measure. Pharmacists were asked to check all packs of Nurofen Plus on their premises before selling them.
The IMB said all unaffected packs may be sold to the public.

It said it had been closely monitoring the discovery on the UK market of packs of Nurofen Plus Tablets containing rogue blister strips of either Seroquel XL 50mg Tablets or Neurontin 100mg capsules.

"While the UK-implicated pack size of Nurofen Plus of 32 tablets is not available for sale on the Irish market, and there is no evidence at this time that packs of Nurofen Plus in Ireland are affected, the IMB, as a precautionary measure, has initiated a recall of all packs from Irish wholesalers for checking," it said. It added that the move had been done in consultation with Reckitt Benckiser, the owner of Nurofen Plus.

So far, five packs of 32-tablet size Nurofen Plus containing rogue blisters have been identified in the UK and Northern Ireland.
"While there have been no serious health consequences to any consumer in the UK, sabotage of the product is suspected and Reckitt Benckiser UK is working with the UK police on a formal investigation into the issue," the IMB said.
It advised people who might have recently purchased the product to check their packs of Nurofen Plus to make sure that they contained Nurofen Plus blister strips and a Nurofen Plus Patient Information leaflet.
"Any patients who have any concerns or in the unlikely event that they find a rogue blister strip or leaflet, should contact their pharmacist."
Distribution of Nurofen Plus has been halted in the UK and in Ireland.
Pharmacists were asked to immediately quarantine all packs of Nurofen Plus Tablets that are in their pharmacies and to open and check those packs for the presence of any rogue blister strips.
Pharmacists should also check that the patient information leaflet in each pack is for Nurofen Plus Tablets and not for another product, the IMB said.

- Don Lavery (Irish Independent)

Parishes asked to sell houses and fund diocese abuse bill

PARISH priests in a scandal-hit diocese have been told to draw up a list of properties that can be sold to raise funds for child-abuse compensation.

The Irish Independent has learned that the Diocese of Cloyne in Cork is making the move in a desperate bid to shore up its finances.

Buildings that previously housed priests will be put on the market to help pay the looming compensation bill.
The Diocese of Cloyne will also be seeking a voluntary 6pc levy on all gains from the future sales of parish property.
That means that the parish - which normally controls its own finances - will have to hand over a portion of the proceeds from the sale of property to the overall diocese coffers.
The diocese admits it owns little residential property suitable for immediate disposal. But local parishes -- which do have suitable properties - will be asked to consider to consider selling off houses they don't need.
While the sale decision will remain strictly with the individual parishes, this method has been identified as a key factor in restoring diocesan finances.
The bill for compensation claims in the diocese is expected to reach millions of euro.
Last month, a report into child protection in the diocese identified a litany of failings under the watch of former Bishop John Magee. Archbishop Dr Dermot Clifford -- who has been running Cloyne since early 2009 -- admitted it could be years before the diocesan finances fully recovered from the fallout of the scandal.
"There will be a lot of compensation to be paid -- some has already been paid. The resources of the diocese financially will be very low and it will be a big job to rebuild the Diocese of Cloyne," he said.
However, the diocese will face major hurdles in raising the cash because the individual parishes own the properties, and a decision must be taken at local level on whether to sell or not.
And even if they do opt to sell buildings, property prices have fallen by up to 50pc in some parts of Cork.
The diocese's major assets, such as the Bishop's Palace in Cobh, are unsuitable for disposal in the midst of the worst property crisis in Irish history.

The last major property the Diocese of Cloyne was able to sell -- a former clerical house in Killeagh in east Cork -- fetched €240,000 two years ago.

This money was used to
The individual 46 parishes in Cloyne own a great quantity of residential property, including houses formerly used as homes for clergy. Many of these are now surplus to requirements, given the declining number of priests.
The diocese has a catchment area of about 250,000 people with 133 clerics. That is around 60pc of the number clerics it had 20 years ago.
Diocesan spokesman Fr Jim Killeen said the 6pc levy would be aimed at supporting diocesan finances.
"The diocese actually owns very little property (suitable for sale). That is what we will be asking parishes to contribute," he said.
But since 2008, parishes have been extremely reluctant to sell property given the slashed market returns available.
"It is perfectly understandable, after all, the market is pretty difficult at the moment," Fr Killeen added.
Cloyne is the latest diocese to be identified as having had serious child-protection failings in the past following similar damning reports on the dioceses of Ferns and Dublin.
The Archdiocese of Dublin -- which faces more than €13m in compensation payments -- is considering a Mass levy.

But the Irish Independent understands there are no plans for special diocesan Mass collections to support compensation payments in Cloyne.

Any such move would be hugely controversial in the area. Fine Gael TD Tom Barry, who lives in the Diocese of Cloyne, has bluntly warned against this option. Cloyne has to date settled a total of five compensation claims but it now faces at least a dozen more such claims.

- Ralph Riegel

Irish Independent (August 30 2011)

Report on allegations of assault by priests is delayed

A REPORT into sex abuse in the Diocese of Raphoe has been delayed after the man carrying out the investigation asked for more information from church authorities.
The church-run National Board for Safeguarding Children in the Catholic Church (NBSCCC) has spent months carrying out a review of all allegations made against priests in Co Donegal.
The long-awaited report was due to be published by NBSCCC chief executive Ian Elliott at the beginning of September.
But now it is understood the audit will not be made public until October at the earliest.
It is understood Mr Elliott has contacted the church in Donegal seeking further information on certain matters, which has now caused the delay.
However, a spokesman for the board said it could not comment on any aspect of the report until it was published.
When the report is complete it will be forwarded to the Bishop of Raphoe, Dr Philip Boyce, who will decide when to make it public.
The communications director with the Raphoe diocese, Fr Paddy Dunne, said he understood it would be "some time" before the report was released to Bishop Boyce.
Notorious

Raphoe is the sixth of Ireland's 26 dioceses to have an audit into alleged sex abuse by priests carried out.

It contained some of the country's most notorious paedophile priests including Fr Eugene Greene.
Fr Greene was jailed for 12 years in 2000 for the rape and sexual assault of 26 boys but was released in 2008.
Six priests from the Raphoe diocese have so far been brought to justice for their crimes.
The board, which was formed in 2006, was tasked with uncovering the full extent of all complaints or allegations, know- ledge, suspicions or concerns of child sexual abuse, made to the Raphoe diocese by individuals or by the civil authorities in the period of January 1, 1975, to the present day against Catholic clergy.
Its objective will be "to confirm how known allegations have been responded to and what the current arrangements for safeguarding children are" in the diocese.
It is not believed the Raphoe report will feature priests involved in abuse before 1975.
A recent report that claimed "hundreds and hundreds" of victims were abused by up to 20 priests in the diocese was dismissed by Bishop Boyce who said it was simply not true.

- Stephen Maguire

Irish Independent (August 30 2011)