Court strikes out appeal by Tory hotel company

(This piece was originally published in the Tirconaill Tribune November 24th 2016)

The Supreme Court has struck out an appeal taken by the company that formerly owned Tory Island’s hotel against a High Court judgment. At a hearing on Tuesday it ordered that Co Down film-maker Neville Presho be immediately paid €46,000 in damages, which had already been lodged with the Court as a condition of permitting the appeal. The judges have also ordered the company’s former owner, Tory islander Patrick Doohan, to lodge an affidavit explaining how a judgment mortgage in favour of Presho was cancelled from a folio in land registry, without Presho or his legal team being told: why the Court was not told the company was dissolved: and why Presho’s legal team, and not Doohan, brought this to the Court’s attention.

The High Court awarded the damages in 2009, when it found Ostán Thoraigh Teoranta and Doohan were responsible for demolishing Presho’s house on Tory Island because it blocked the hotel’s view of the sea. First, the house was damaged by an unexplained fire. Then the walls were flattened by machinery. That Court heard dramatic evidence from Presho that he returned from New Zealand in 1993 and, as he approached Tory by ferry, saw that his house had disappeared to be replaced by a hotel car park. Two psychiatrists gave evidence this precipitated his decline into severe mental illness. At the time, the case attracted international publicity.

On Tuesday, the Supreme Court agreed to an application from Presho’s barrister, Cormac Ó Dúlacháin, instructed by solicitor Michael Gillespie, that the appeal by Ostán Thoraigh be struck out. “The Company does not exit and is not in a position to proceed with the appeal,” Judge Frank Clarke said, speaking on behalf of the three judges.

Ó Dúlacháin made the application at the start of the hearing. He told the Court the company Ostán Thoraigh had been dissolved on April 6^th. Its principal asset, the hotel on Tory Island, had been sold in December last. As a result of the High Court award, his client had registered a mortgage against the hotel. However, on the current folio in Land Registry “our judgement appears as cancelled.” He told the Court his client had received no notification the company was dissolved.

Séamas Ó Tuathail, barrister for Doohan, said this information came as a surprise to him. “Mr Doohan wants to go ahead to clear his name,” he said. He initially said the company still owned the property, but accepted it did not when Ó Dúlacháin interjected and offered to show him the documentation.

The three judges adjourned the hearing for 30 minutes. On their return, Judge Clarke instructed that the €46,000 be paid to Presho, with his legal costs. He also expressed concern at the way the company had been dissolved.

“The Court is concerned at the information brought to its attention today regarding the judgment mortgage obtained by Mr Presho,” the Judge said. There were three matters. The company ceased to own the hotel. A charge in favour of Ulster Bank on the folio was cancelled. On the same date “a judgment mortgage in favour of Mr Presho was cancelled. The Court has been informed by counsel for Mr Presho that no notice was given to his side.”

The Court ordered that, in order to proceed with his appeal, Doohan would have to file the affidavit

by December 16^th.

'Lend a listening ear' mourners told

(A slightly edited version of this piece was published in the Sunday Life of December 4th)

A priest has told over 1,000 mourners at the funeral of tragic Omagh teen and Gaelic footballer Clare McSorley to listen out for one another. Monsignor Joseph Donnelly told the packed congregation in the town’s Sacred Heart Church “if there is a problem, lend a listening ear.”

In his sermon, Monsignor Donnelly said the sadness of the day was in contact to the personality of Clare. “She was respectful of all who knew her,” he said. “She blossomed as a skilled player on the GAA field, playing for her club. For all her achievements, she had a care and attention for the younger members.”

He spoke of how the Lord’s presence can be felt in many ways,  such as when he was attending the memorial ceremony for Clare at Drumragh GAA Club’s clubhouse on Wednesday last. “There were many seats, and I thought if we fill that we’ve done well,” he said. “They only held a fraction of those who were there. The people were lining both sides of the hall. It was a message of support for Clare and her family.”

He then touched on the tragedy which had brought the congregation together. “There are questions as to why the tragedy had happened,” Monsignor Donnelly said. He quoted from Clare’s father, Tommy’, message on Facebook: “‘Please, please don't suffer in silence and let someone know how you feel - there are so many ways to communicate with each other these days but yet there are those out there who feel they can't’.

“For young people I say particularly, listen out for one another. If there is a problem, lend a listening ear.

Monsignor Donnelly quoted an old Celtic prayer: “Be not disturbed/ Be gentle with the one who walks with grief/ If it is you, be gentle with yourself/ Swiftly forgive, walk slowly,/ Pause often, /Take time /Be gentle as you walk with grief.”

Then family and friends brought up offertory gifts, among them a Drumragh football jersey.

Throughout the Mass, a group of Clare’s friends sang and played guitars and a fiddle. Towards end of the service, they played Kodaline’s “All I want”. As the last line ‘I’ll find somebody’ died away the congregation burst into spontaneous applause.

At the end of the Mass, Monsignor Donnelly spoke briefly again, thanking all who had come. “It is a great reflection of the esteem in which Clare was held in the community,” he said.

As the congregation left the church, many younger mourners were crying. Outside, a school friend and his mother had been unable to get into the crowded church. Both were sobbing uncontrollably.

Then her father and other family members carried the white coffin out of the church, followed by her two sisters, both sobbing. Schoolmates from Drumragh Integrated College formed a guard of honour at the church door as she was carried out. On the road, the street was flanked by players of all ages from Drumragh GAA Club, wearing club tops, as the cortege moved slowly off to the cemetery.

Joe Law - Shankill Road communist and trade unionist

(A slightly edited version of this obituary was published in the Irish Times of November 26th 2016)

Joe Law born October 27^th 1946 – died September 28^th 2016

Joe Law, who has died suddenly in his native Belfast, made a major contribution to dealing with sectarianism in workplaces in the North, through his role delivering anti-sectarian training with the trade-union backed Trademark organisation. He was a self-taught working-class intellectual from Belfast’s Shankill Road, an active trade unionist, a stalwart of the Communist Party of Ireland, and committed to keeping alive the memory of those from Ireland who joined the International Brigades during the Spanish Civil War.

For many years he was an Amalgamated Transport and General Workers shop steward in the Shorts aircraft factory in Belfast. Because of his stance against the flying of Loyalist flags, he was threatened and had bullets left in his locker.

Law’s socialism and trade unionism flowed from life experience. James Kennedy Law – always known as Joe - was born off Belfast’s Shankill Road in October 1946, one of a family of two girls and two boys to George Law, a clerk in a mill, and his wife Susie (née Kennedy). He was educated at Hemsworth Square School, known as ‘The Henhouse’.

Leaving school, he completed an apprenticeship as a joiner, and worked in several factories. Already conscious of injustice, he felt he was employed because he was Protestant.

Seeking wider horizons, he emigrated to England. His experience in the British merchant navy made him socialist. Ships he served on called into ports in South Africa, then suffering under apartheid. A black man came onto the ship, and called Law ‘master’. Law replied: “Don’t call me master. I’m from the Shankill, mate.”

Returning home, he joined the Communist Party and became an active trade unionist. He saw himself as a Republican, not in the sense of armed struggle but of the United Irishmen.

He believed that workers’ unity was possible in the North. He joked that he came from a Stalinist tradition, and his wife Brenda from the Trotskyist tradition. If they could get on, anyone could.

Joe Law is survived by his wife, Brenda.

The Gaels of Lewis would dump Trump

(An edited version of this was published on Tuairisc.ie on November 21st 2016)

Ba chainteoir dúchais Gaeilge na hAlban í máthair Donald Trump. Rugadh Mary Anne Nic Leòid i dTunga ar Eilean Leòdhas an 10 Bealtaine 1912. B’iad Calum Mac Leòid, iascaire agus croitéar, agus a bhean Màiri (Nic a’ Ghobhainn faoin a h-ainm féin) na tuismitheoirí, Mary Anne ar an duine ab óige de 10 clainne.

Ba cheantar láidir ag an teanga é. De réir daonáirimh 1901, bhí Gaeilge na hAlban ag 91.2% sa cheantar. Ní raibh Béarla ach ag 17.2%. D’imigh Mary Anne go Meiriceá i 1929. De réir an daonáirimh dhá bhliain dar gcionn, bhí Gaeilge na hAlban ag 85.5% sa pharóiste.

Tá Tunga trí mile go leith amach as Steòrnabhaigh, príomh-bhaile an oileáin, mar a raib riamh an lámh in uachtar ag an Bhéarla.

Mar sin féin, tá Gaeilge na hAlban beo beathach ann ar fad i dTunga. De réir daonáirimh 2011, bhí Gaeilge ag 51% den phobal in Aird Thunga. Is í an Ghaeilge teanga an tí ag 36% acu. Bunaíodh Aonad Gàidhlig sa bhunscoil i mbliana. Tá Còisir Ghàidhlig Thunga ann, páirt mhór aige i saol an phobail.

Tá dúchas saibhir ann, dúchas nár léirigh Trump riamh suim sa. Thug sé cúpla cuairt, nár mhair go rò-fhada.

Ní raibh Leòdhasaigh ar bith sásta labhairt ar an taifead faoi Trumpa, ach b’é an port céanna a bhí aci. Tá náire ar bhunadh an oileáin go raibh baint ar bith aige leis.

Ainneoin na maoine atá aige, ní dhearna sé infheistíocht ar bith san áit. Dar leofa siúd a labhair liom gur a mhalairt de dhuine ar fad í a dheirfiúr Maryanne. Nuair a d’iarr an t-oispís i Steòrnabhaigh airgead ar mhuintir Trump, thug sise suim suntasach. Níor thug seisean pingin rua.

Locht eile a luaitear ná gur tiarna talún a athair. Is fuath le Leòdhasigh iad seo, de bharr Fuadach nan Gàidheal sna 18ú agus 19ú Céid, nuair a díbríodh pobail ina n-iomláine.

Leis, muna bhfuil Leòdhas chomh cráifeach agus a bhí, ach an tEaglais Shaor láidir ann. Tá áiteanna ar fad atá chomh Sabóideach sin nach gcuireann daoine a gcuid níochán amach Dé Domhnaigh. Cuireann saol pearsanta agus iompar Trump an-olc ar na pobail sin.

Tá dhá leathanach Facebook ann, a léiríonn meoin an phobail. Tá ‘Isle of Lewis does not support Trump for President’ ann, 785 ‘likes’ aige. Bhí ‘Isle of Lewis supports Trump for President’ ann ar dtús, gan ach 151 ‘likes’ aige sin.

Spanish fascists attack memorial to Tyrone poet

(A slighly edited version of this piece was published in The Sunday World of November 20th 2016)

Spanish fascists have attacked a monument to Dungannon poet Charlie Donnelly, who was killed fighting Fascism in the Spanish Civil War. The memorial is in  Rivas-Vaciamadrid, on the outskirts of Madrid. The fascists threw blue paint over it. In Spain, the colour blue is associated with the far-right.

The City Council immediately repaired the monument. Eddie O’Neill, of the Irish International Brigade Memorial Trust, said local people are very supportive of the monument. “They have a great gratitude to the foreign volunteers like Donnelly who came to Spain to fight Fascism,” he said. “The monument contains a stone from every county in Ireland, and the main stone comes from Dungannon, near Charlie Donnelly’s home. The City Council gave the ground.” He said that, unfortunately, there was still an element in Spain who targeted memorials to anti-Fascist martyrs.

Charlie Donnelly was a major Irish poet of the 1930s, killed before he could fulfil his potential. He was born in Killybrackey, just outside Dungannon, in July 1914. The family moved, first to Dundalk then to Dublin. He studied briefly at University College, Dublin. He was expelled from the University, and twice jailed for left-wing activities. He was both writing poems and very involved in socialist movements. At 20 he was on the executive of short-lived left-wing organisation Republican Congress.

When a section of the army, with support from Nazi Germany, rebelled against the democratic government in Spain, he joined the  International Brigades. After short training, he was promoted to Company Commander. His unit was sent into the Battle of Jarama, where it prevented the fascists winning a decisive victory.  On 27 February 1937 he and his fellow-volunteers were taking cover among olive trees from heavy fire .  He picked up a handful of olives and said: “Even the olives are bleeding.” He never spoke again, because within minutes he was killed.

There will be a commemoration in Dungannon in February next to mark the 80^th anniversary of his death.

Arranmore writer learnt from storytelling tradition 

(a slightly edited version of this piece was published in 'An tUltach' September 2016)

Nuair a bhuail mé le Proinsias Mac a’ Bhaird in ostán i Leitir Ceanainn, bhí cuma air ón dtaobh eile den seomra go raibh sé ar a chompórd leis féin. Is mar sin atá fear seo Árainn Mhóir – múinteoir, úrscéalaí, file, drámadóir, duine den bhuíon maith scríobhneoir Conallach atá anois ann.

Ní i dtreo na scríobhneoireachta a spreagadh i dtús báire é, ach i dtreo na scéalaíochta é ó bhí sé ina leanbh – nó bhí sé sa dúchas aige, ar an dá thaobh. “Bhí an t-ádh orm nuair a bhí mé ag fás aníos, nó an bheirt athair mór a bhí agam, ar thaobh m’athara bhí Franc Neilí Eoin, agus bhí Joe Mhicí Ned ar thaobh mo mháthara, agus an bheirt acu bhí siad iontach maith ag insint scéalta,” ar seisean. “Nuair a bhí mise óg, nuair a bhí mé i mo thachrán ag fás aníos, bheinn ag fanacht leofa go minic i rith an tsamhraidh agus mar sin, agus ba ghnáth leo teacht isteach agus scéalta a insint dom nuair a bhí mé ag dul a luí. Franc, bhí cuid mhór scéalta aige, agus chuir mé suim iontu is dócha, agus blianta ina dhiaidh sin tháinig mé ar na scéalta céanna i mbailiúchán, bailiúchán béaloideasa, agus ní raibh fhios agam a dhath ar bith fá dtaobh dó, ach caithfidh gur sean-sean scéalta a bhí aige sin. Agus an fear eile, Joe Mhicí Ned, ní raibh a dhath ar bith nach bhfaca sé, chonaic sé tomhais, chonaic sé an Mhaighdean Mhara, na Mic Ua Gorra ag teacht isteach, síóga, achan rud a thiocfadh leatsa smaointiú air, bhí sé feicthe aige. Ba ghnáth leisean na scéalta sin a insint domsa. So, ó bhí mé iontach iontach óg, bhí scéalta thart timpeall orm an t-am uilig.”

Agus é thart ar 18 nó 19, shíl sé gur mhaith an rud cuid de na scéalta a scríobh síos. “Déarfainn, an céad rud a tháinig chugam ná scéalaíocht agus suim sa bhéaloideas,” arsa Mac a’ Bhaird. “Agus, nuair a bhí mé ar an Choláiste ansin, rinne mé tráchtas ar an bhéaloideas agus béaloideas Árainn Mhóir. So bhí an tráchtas seo scríofa agam, agus lá amháin bhí mé ag caint le Pádraig Ó Snodaigh i gClub an Chonartha i mBaile Átha Cliath, agus bhíomar go díreach ag an bhéar agus bhí muid ag ól pionta, agus d’iarr sé orm an tráchtas a thabhairt dó, agus chuir sé amach mar leabhar é. Níor shíl mé a dhath de bheith ag scríobh leabhair an t-am údaí.”

Bhí an tráchtas bunaithe ar ábhar a bailíodh faoi Scéim na Scol i 1937-8. Thosaigh an leabhar ar an scríobhneoireacht é.

Mhair an dúil a bhí aige sa bhéaloideas, agus thug sé leis cuid de na scéalta a chuala sé ina óige, gur bhain úsáid as gnéithe díobh ina dhiaidh sin agus é ag scríobh scéalta do pháistí.

Thóg sé, leis, óna bheirt athair mhór tuiscint ar an dóigh le scéal a aithris. Ní raibh a fhios aige agus é óg go raibh sé ag foghlaim scileanna a bheadh úsáideacha níos faide anonn, ach bhí. “Má tá tú ag scríobh, ba mhaith leat é a scríobh ar dhóigh a thuigfeá féin é, nó go mbainfeá féin sult as, nó rud mar sin,” ar seisean.

Ar ndóigh, tá Mac a’ Bhaird ag foghlaim i dtólamh. In amannaí bíonn air taighde a dhéanamh leis an ábhar atá idir lámh aige a scríobh mar is ceart, agus “nuair a dhéanann tú an taighde, saibhríonn sé do chuid eolais féin.”

Cibé gné den scríobhneoireacht atá sé ag cleachtadh “níl ach méid áirithe go dtig leat a chur síos ar an pháipéar, ach tarraingíonn tú as achan áit, agus ansin piocann tú cad iad na rudaí is suimiúla, nó na rudaí a rachas leis an scéal.”

Tá éagsúlacht sna gnéithe den scríobhneoireacht a chleachtaíonn Mac a’ Bhaird. “Is maith liom an drámaíocht mar is rud é a bhaineann leis an chluas,” ar seisean. “Achan rud a bhaineann leis an drama, íomh agus cluas agus mar sin de atá ann. Is maith liom bheith ag éisteacht le daoine. Nuair atá mé sa bhaile agus a deir seanduine, nó duine ar bith, focal atá coimthíoch nó nár mhothaigh mé roimhe, bíonn mo chluas i gcónaí ar bior agus mé ag iarraidh – cad é an focal sin? – an dóigh a bhfuil sé dá úsáid agus mar sin. Is maith liom bheith ag éisteacht, so taitníonn an drama liom nó tá tú ag obair le glórthaí.”

Tá difear leis an phrós. “Nuair atá mise ag scríobh próis, chomh fada agus a thig liom, is maith liomsa é a bheith, ní simplí ach so-thuigthe. An meoin atá agam, an cinéal pros a chleachtaim, ní prós liteartha é, ní James Joyce nó Máirtín Ó Cadhain. Is maith liom leabhair gur mhaith liom féin a phiocadh suas agus a léamh, ar an trá nó ar eitleán nó ar an bhus. Bíonn sin chun tosaigh i m’intinn i gcónaí nuair atá mé ag scríobh próis. Bím ag smaointiú – an bhfuil mé ag éirí ró-domhain don léitheoir anseo? Má cheannaíonn tú mo leabharsa, ba mhaith liom go mbainfeá sult as.” Is fearr leis gan an scéal a bheith casta, agus luas a bheith leis.”

Is ceird difriúil arís scríobh na filíochta. “Uaireanta, glacann sé níos mó ama dán deich líne a scríobh ná mar a ghlacfadh sé trí caibideal d’úrscéal a scríobh,” ar seisean. “Is san fhilíocht a bhím cinéal ag súgradh leis an teanga. B’fhéidir ag cur síneadh leis an teanga agus ag lúbadh na teanga. Ag éirí scéalta a insint, ach ar bhealach níos ealaíonta, b’fhéidir.”

Thosaigh sé ar an scríobhneoireacht mar is ceart i ndiaidh an chéid leabhair. Dhá bhliain ina dhiaidh sin, foilsíodh an céad úrscéal uaidh. Ba “caitheamh aimsire” aige an scríobhneoireacht, nó tá sé iontach deacair do bheatha a thabhairt i dtír mar scríobhneoir Gaeilge.

Is “caitheamh aimsire” é go gcuireann sé dua leis. Tógann sé suas le ceithre nó cúig bliain air creatlach dáin nó úrscéala a chur lena chéile. Cuireann sé ansin sprioc-am roimhe, go dtugann faoi.

“Ba mhaith leat bheith chomh maith agus a thig leat nuair a bhíonn tú ag cur rud amach,” ar seisean. “Tá cuid mhór, mhór rudaí a scríobhaim nach bhfeiceann solas an lae choíche.” Agus é níos óige, ní raibh sé chomh cúramach. Bhí deifir air, b’fhéidir ag éirí barraíocht a dhéanamh ró-ghasta. Anois, tugann sé am don snas agus don phrofléitheoireacht, agus cuireann roimhe caighdeán ard a bhaint amach.

Tá saol gnóthach ag Mac a’ Bhaird. I mbliana, nuair a chríochnaigh an coláiste Gaeilge in Árann Mór ag deireadh Mhí Iúil, shocraigh sé “níl mé ag dul a dhath ar bith eile a dhéanamh ach a bheith ag scríobh. Agus sin a rinne mé Mí Lúnasa ar fad.”

Caitheann sé go leoir dá chuid ama in Árann Mór. Is teanga pobail, ní teanga cúise, an Ghaeilge ann. Achan Aoine, imríonn sé ‘25’ le naonúr nó deichniúr eile “agus is i nGaeilge a bhíonn an cluiche. Níl duine ar bith ag suí síos agus ag rá ‘beidh fiche’s a cúig trí mheán na Gaeilge againn’. Ní cúis atá ann. Táimid ag labhairt Gaeilge mar gur sin an teanga ab fhusa le cumarsáid a dhéanamh.”  

Bubbly, caring and loved woman died sad death

(A slightly edited version of this was published in the 'Ulster Herald' October 27th 2016)

The Coroner has told an inquest into a Fintona woman’s death that it was sad a woman with such a loving family died as she did. Sixty-two year old Betty Quinn was found dead in her home at McCaughey Terrace on December 8th last year.

A family member told the inquest in Enniskillen that Ms Quinn had been in the South West Hospital for 10 days less than a month before she died. Coroner Joseph McCrisken said this was outside the scope of the inquest, and the family could pursue it elsewhere if they wished.

Coroner Joseph McCrisken found Ms Quinn died of complications from diabetes and from coronary heart disease. Bleeding from wounds to the scalp were a secondary cause. Police had initially been called to the scene, because of bloodstains throughout the house. However, they decisively ruled out foul play.

Forensic pathologist Dr Parsons said the complications of diabetes led to “incidents of confusion, dizziness, and could act as a cause of this lady falling.” He also found severe narrowing of one artery leading to the heart.

Next door neighbour Joanne Gordon found Ms Quinn on December 8th last year. She was concerned the lights were on in the house, but there was no response to knocks. Unusually, the television was not on. Ms Quinn normally went to a club on Tuesdays. “When she didn’t go, we knew something was wrong,” she said.

When she went in, she found the house flooded. Ms Quinn had turned the taps in the bathroom on, but was unable to turn them off. She was lying dead on the settee, in her dressing gown.

GP Dr Maighread McKelvey gave evidence of visiting Ms Quinn at home some time before her death. She had wanted to admit Ms Quinn to hospital but “she didn’t want to go to hospital.”

Ms Quinn’s sister Philomena said she had gone downhill after her partner was admitted to a care home. Ms Quinn had been “very outgoing, very bubbly, very caring, she looked after our own mother.”

However, she increasingly suffered depression, vertigo, and an eating disorder as well as insulin-dependent diabetes. Ms Gordon said Ms Quinn was obsessed with her weight. “There was a pair of navy trousers, and because she couldn’t get into them she lived on cups of soup for four weeks,” Ms Gordon said. This led to Ms Quinn being hospitalised for malnutrition, less than a month before her death.

The Coroner said he could not ascertain the trigger for Ms Quinn’s confusion, but it was a combination of poor control of diabetes and an infection. Due to her heart condition, she could have died at any time. “It’s a terrible situation for a woman that had such a loving family,” he said.