Bingo operator relieved as court rules activities are lawful
Omega Leisure Ltd, operating as an agent for a charity, had sought the declaration after a Garda raid on its premises early last month prevented bingo sessions proceeding.
However, the company was not entitled to damages as a result of the raid, Mr Justice Frank Clarke ruled.
He also dismissed the company’s arguments that Togher-based Garda Superintendent Charles Barry, who sought warrants to carry out the raid, was guilty of misfeasance (improper execution of a lawful act) in public office. Furthermore, he said claims for damages, trespass and for property allegedly wrongly detained, could not succeed.
Omega Leisure, trading as Rock Bingo Club, sought the declarations in actions against Supt Barry, the Garda Commissioner and the state. A full judgment on the case will be delivered later.
The company’s Dave Barber said last night the ruling “ends a period of huge unnecessary frustration for everyone involved in Rock Bingo”.
He said: “We would like to acknowledge the hard work of our legal team. We have complied with every law and our clear intention from the beginning was to open and operate a legitimate business, provide employment and also benefit worthwhile local charities.
“We have invested over e750,000 in the complex, which can cater for 1,000 people, and we are bringing 30 new jobs, as well as creating a fabulous fundraising opportunity for our charity partners.”
The proceedings arose after bingo books and other documents were seized by gardaí from the premises at Deanrock, Togher, on foot of a warrant obtained from a district court. The seizure was made on November 1, 30 minutes before the first of Omega’s planned bingo sessions were due to start.
Constance Cassidy SC, for the company, argued it was operating as an agent for a charity under a valid lottery licence.
Omega entered an agreement with the Mercy Hospital Foundation, a charity, in which the company is entitled to a maximum 40% of the proceeds.
The state denied any wrongdoing and argued gardaí should not be restrained carrying out their duties under the 1956 Gaming and Lotteries Act. It also raised issues as to the lawfulness of such agency operations in the context of the scale of those operations.
