High Court sentences Grandfather Sean Quinn aged 66 to 9 weeks jail including Christmas
One Quinn going out of Jail and the other Quinn going in?
Sean Quinn, once Ireland’s richest man but now bankrupt, is beginning a nine-week jail sentence this afternoon.
Mr Quinn has decided to begin the term imposed on him now despite the fact he is to appeal to the Supreme Court against findings he acted in outrageous contempt of court orders, his lawyer said.
Having been given time to consider the matter, Eugene Grant QC, for Mr Quinn, said his client wanted to begin his jail term now as, while he was maintaining his appeal, he was also conscious of the Supreme Court’s recent decison dismissing his son’s finding against a three month sentence for contempt.
Counsel said Mr Quinn was a 66-year-old grandfather and was anxious to attend a grandchild’s christening on December 22nd next but was not eligible for remission as this was a sentence for contempt. He asked that the court agree to release him for that event.
Miss Justice Elizabeth Dunne said an application for compassionate release would have to be made to the prison authorities.
Miss Justice Dunne earlier said Mr Quinn’s contempt was so serious that she could come to no other conclusion that it mandated a term of imprisonment.
She could not ignore the extent and degree of contempt by Mr Quinn and, taking all various matters into account, including his health problems, she would impose a nine-week term.
While Mr Quinn had spoken about how the court proceedings had negatively consumed his life and that of his family, she said: “In my view, he has only himself to blame.”
It was not disputed significant assets had been put beyond the reach of IBRC, the former Anglo Irish Bank, and the position of the Quinn defendants apperared to be they were so successful in that regard, they themselves could not retrieve the assets, the judge said. However, she did not have to decide that issue now.
The situation was IBRC claimed it was owed €2.8 billion by the Quinns and, while there was dispute about that, it was accepted €455 million was owed.
The judge had said she was imposing a nine-week term but the issue of whether there would be a serious dispute about that, it was accepted the Quinns owed €455 million to the bank, she said. Putting assets beyond the reach of the bank in defiance of the court’s orders was, as she had previously found, “nothing short of outrageous”.
It was important to ensure court orders were complied with and the integrity of the court system was not set at naught by “an egregious breach of court orders”.
A stay on the nine-week term pending an appeal against the findings of contempt was adjourned earlier today after Mr Quinn’s lawyer said he wanted time to consider whether to go to jail immediately or proceed with the appeal.
Shane Murphy SC, for IBRC, had said it would agree to a stay provided Mr Quinn’s lawyers progressed any appeal urgently.
However, at 12.50 today, Mr Grant said his client would begin his term now while maintaining the appeal.
In her decision today, the judge eferred to her previous findings of contempt against Mr Quinn and her rejection of his evidence in the contempt hearing as not credible, evasive and unco-operative. She had also found he had given his imprimatur to the asset-stripping scheme.
She stresssed the only issue she was dealing with today was the punitive aspect of the case as coercive matters have been adjourned. She was dealing with punitive issues arising from past non-compliance with court orders.
The judge delivered her ruling in a courtroom packed with lawyers, journalists and supporters of Mr Quinn. Mr Quinn’s son Sean and sons in law Niall McPartland and Stephen Kelly were also in court.
IBRC was represented in court today by its chief executive Mike Aynsley and senior executive Richard Woodhouse.
Mr Quinn was jailed arising from the judge’s findings last June that acted in contempt of court orders made in June and July 2011 restraining stripping of assets valued up to US$430 million from companies in the IPG.
Mr Quinn told reporters following the sentence that he just wanted to get on with the sentence. He intends to appeal the ruling to the Supreme Court.
Dr Susan O’Reilly National Cancer Control Programme director praises cancer diagnosis rate
AT IRISH RAPID ACCESS PROSTATE CANCER CLINICS
A diagnosis rate of 38% has been achieved at Rapid Access Prostate Cancer Clinics in their first year of operation.
Figures released by the National Cancer Control Programme show that 2,460 men were seen in the clinics, established in 2011, with 925 men diagnosed with prostate cancer.
That figure is expected to increase significantly in 2012 with all eight Rapid Access Clinics open and fully operational.
By September this year, 1,804 men had attended the clinics with 750 men diagnosed.
NCCP Director Dr Susan O’Reilly said the diagnosis rate illustrates that the clinics are providing a good service that fast tracks patients into the system.
She was speaking at the Inaugural National Cancer Control Programme Prostate Cancer Quality and Audit Forum.
She said: “For the vast majority of men who do not have cancer, that short timeframe reduces the anxiety that any waiting period involves.
“And for those men who are diagnosed, their treatment options are discussed and considered by an expert multi-disciplinary team who ensure that the patient is given all the options and all the information on the best approach to be taken.”
Over 2,800 men are diagnosed with prostate cancer annually in Ireland, with this number expected to increase over the coming decades as the population ages.
Over half of Irish hospital consultants back work practice proposals
The Irish Hospital Consultants’ Association (IHCA) has said 57 per cent of its members in a survey have backed proposals for work practice changes that emerged from talks at the Labour Relations Commission in September.
However, the organisation has sought a meeting with senior Health Service Executive management to discuss outstanding concerns.
The IHCA survey was not a ballot of members. The association has consistently argued that it does not engage in collective bargaining and that it is up to each individual consultant to decide for themselves on contractual changes. The association did not disclose how many consultants took part in its survey of members.
In a statement it said members had identified a number of significant concerns to be addressed. These include that Ireland had only about half the number of consultants needed to provide the necessary care for patients.
The IHCA said consultants were also concerned about proposed arrangements for weekend work and compliance generally with the European working time directive.
It said the proposal to roster consultant physicians and surgeons on-call with no conflicting commitments would impact adversely upon patient care and health service delivery. It said inadequate frontline resources, including acute hospital beds, theatre access and other essential facilities would continue to impact adversely and make it more difficult for consultants to treat patients within medically acceptable time frames.
The IHCA also said that the Government’s unilateral plans to cut pay for new consultants by 30 per cent – which fall outside the Labour Relations Commission proposals – would undermine the capacity of the health services to recruit the calibre and number of consultants required.
“Members have highlighted the importance of addressing these concerns in order to protect the quality and effectiveness of health services to the public. On that basis, the IHCA national council is recommending that its members engage in a collaborative approach to improve healthcare services.”
The HSE did not comment last night on the IHCA statement. It has said local management will be free to implement the work practice changes set out in the Labour Relations Commission proposals from next Monday.
Separately the Labour Court over the coming days is expected to issue a binding recommendation under the Croke Park agreement on a number of outstanding issues such as rest days and payments for psychiatrists for second opinions.
The IHCA last week declined to attend a Labour Court hearing on these issues on the grounds that the issues were outside the scope of the agreement.
It remains to be seen whether the IHCA will accept the findings of the Labour Court. The Government has previously indicated that organisations which did not accept binding recommendations from the Labour Court would lose the protections of the Croke Park agreement. This could pave the way for the Government to introduce pay cuts for serving hospital consultants.
Donegal Gardai quiz three teenagers over Erin Gallaghers internet bullying claims
Erin Gallagher and Ciara Pugsley, their deaths have stunned their communities
Gardai investigating the death of Erin Gallagher have formally questioned three teenagers about bullying allegations.
The revelation comes as the boss of social networking ask.fm rejected claims that her death was linked to website bullying.
Gardai carried out more interviews with three school girls and their families yesterday.
They met two of the teenagers earlier this week, who voluntarily attended a garda station along with their parents.
The development came a day after the 13-year-old was laid to rest after funeral Mass in Stranorlar and just hours after the founder of Ask.fm rejected links between his site and the deaths of two Irish teenagers.
Erin took her own life last weekend at her home in Co Donegal. Fifteen-year-old Ciara Pugsley died by suicide near her home in Co Leitrim in September.
Taunted: Both Erin and Ciara had been taunted by vile messages by anonymous posters on ask.fm.
But the website’s founder Mark Terebin insisted the media was “knocking on the wrong door”.
“It is necessary to go deeper and to find a root of a problem. Its not about the site, the problem is about education, about moral values that were devaluated lately,” said Mr Terebin on his own site.
He said his site, based in Latvia, was “just a tool which helps people to communicate with each other, same as any other social network, same as phone, same as piece of paper and pen”.
He told Dublin-based documentary-maker Lynne Nolan: “Don’t blame a tool, but try to make changes … start with yourself… be more polite, more kind, more tolerant of others … cultivate these values in families, in schools.” He also blamed TV and newspapers for its coverage of suicides for further deaths, rather than ask.fm.
He said: “Suicide is not something to encourage via mass media. The more you promote suicide, the more it happen. Do you think mass media cares?
“They want scandals, they want sensations and finally they want money.
“Sorry, but we do not want to participate in it.”
The documentary — ‘Nowhere to turn: The Battle Against Cyberbullying’ — is being supported by Jonathan Pugsley, Ciara’s dad. Asked about the death of Erin Gallagher, Mr Terebin: “What happened is a true tragedy and we give our deepest condolences to the victim’s family and relatives.”
Meanwhile, gardai questioned the children about comments left on websites as well as texts sent to Erin’s phone.
“This is a hugely sensitive investigation because it involves children,” said one source.
“There is a great deal of tension in Stranolar and Ballybofey after Erin’s death and gardai are keen to calm the situation.
“They are also duty bound to investigate all the facts in the case for the coroner.”
Nine health professionals continue to offer counselling to pupils at Finn Valley College after the teenager’s death.
Meanwhile:
Website boss disclaiming responsibility for Irish teenagers suicide deaths
’Do not point finger at us says Mark Terebin’
THE founder of a controversial website implicated in the suicides of two young Irish girls has insisted: ‘Don’t blame us for the deaths.’
This week saw Donegal teenager Erin Gallagher (13) laid to rest after taking her own life in her home last weekend, having been consistently targeted by un-named cyberbullies on ask.fm.
Her tragic death came after Ciara Pugsley (15) died by suicide after being bullied on the same site last September by anonymous users.
The website’s boss, Latvian-based businessman Mark Terebin, has claimed that the media is “knocking on the wrong door.”
He said that people should look closer to home — and it was society as a whole that created the circumstances behind the young girls’ deaths.
He claimed that while the incidents were tragic, their coverage was because media organisations “want scandals, they want sensations and finally they want money.
“Mass media is knocking on the wrong door. It is necessary to go deeper and to find a root of a problem. It’s not about the site, the problem is about education, about moral values that were devalued lately,” he said.
“Don’t blame a tool but try to make changes… start with yourself. Be more polite, more kind, more tolerant of others.”
He also blamed TV and newspapers for its coverage of suicides for further deaths. “Suicide is not something to encourage via mass media,” he said. “The more you promote suicide, the more it happens.”
Mr Terebin added: “Ask.fm is just a tool which helps people to communicate with each other, same as any other social network.”
Meanwhile, gardai investigating the death of Erin Gallagher in Stranorlar have formally questioned three teenage girls about bullying allegations.
Interviews
Gardai carried out more interviews with the girls and their families as they probe the circumstances behind her tragic passing.
They met two of the teenagers earlier this week who voluntarily attended a garda station along with their parents. Gardai questioned the children about comments left on websites as well as texts sent to Erin’s phone.
“This is a hugely sensitive investigation because it involves children,” said one source.
“There is a great deal of tension in Stranolar and Ballybofey after Erin’s death and gardai are keen to calm the situation.
“They are also duty bound to investigate all the facts in the case for the coroner.
Pupils at Finn Valley College in Donegal are being offered counselling after the teenager’s death.
‘Environmental groups great concern’ as deal to protect Antarctic seas fails
Governments meeting in Australia have failed to reach agreement on new marine protected areas for the Antarctic ocean.
They have deferred a decision until July 2013 when all the relevant science will be considered.
Environmental groups have expressed deep concern about the lack of consensus on how to develop a network of protected zones.
They blame Russia, China and Ukraine for blocking agreement.
For the past two weeks the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) has been meeting in Tasmania.
Hot target
Made up of representatives from 24 governments and the European Union, it has been considering proposals for the establishment of marine reserves in two critical areas of the Southern Ocean.
Many parts of Antarctica have been coming under increasing pressure as the growing global demand for sea food means the region’s rich resources are increasingly targeted.
Climate change and increased acidification of the waters are also likely to affect the food sources and habitats of many species in the region including penguins, seals and whales.
At the meeting the United States and New Zealand put forward competing plans to create a marine protected area of 1.6 million square kilometres in the Ross Sea.
Another proposal would have created a reserve zone around East Antarctica – At around 1.9 million square kilometres, it would have covered an area almost three times the size of France.
Environmental groups had called for public participation via online petitions. 
The Antarctic Ocean Alliance (AOA) said that 1.2 million people had supported calls for large scale protection areas.
Hollywood star Leonardo Di Caprio wrote an email saying that as whales and penguins can’t speak for themselves there should be a “massive wave of public pressure” to drive forward the plans for restrictions.
But ultimately that pressure failed to deliver agreement.
Campaigners were critical of the failure to move forward with the proposals. WWF expressed “deep concern”.
Speaking to BBC News, Steve Campbell of the AOA said he was also very disappointed with the results.
“There are competing interests, in terms of commercial interests and in terms of the economic control of these areas, we floundered essentially at the end of the talks.”
Sad and angry
He praised the constructive contributions of a number of countries including the United States, Australia and the UK. But with consensus of all 25 members needed for progress, some countries refused to compromise on the proposals.
“At the end of the day it seems that countries like Russia, Ukraine and China couldn’t really make it work – and we’re hoping that at the next meeting they’ll come with a stronger commitment to the conservation objectives of the commission.”
Jim Barnes, the executive director of the Antarctic and Southern Ocean Coalition was also disappointed with the outcome.
“I am feeling sad and angry” he said. “This responsibility, and this failure, rests with all the members.”
The focus will now turn to a special session of the Commission which will meet in Germany in July 2013. Activists say the situation is grave and there can be no backsliding on decision at that point.
Many still have hope that agreement can be found.
“There’s a number of factors involved and it is quite complex,” said Steve Campbell, “but I do believe that CCAMLR has a history of creating conservation outcomes and I believe they can do it again”
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