Go-ahead for bingo at centre of legal battle

THE 1,000-seater Rock Bingo hall in Togher, Cork, which has been dogged by legal issues for several months was effectively given the go-ahead to operate by Mr Justice Frank Clarke at the High Court yesterday.

“There is nothing, in principle, unlawful with the carrying out of an operation such as that contemplated by Omega. Likewise, it is clear that the licence on foot of which bingo is conducted by Omega does not have to be from the Cork District Court but rather can be issued by any district court,” Mr Justice Clarke said.

Omega Leisure Ltd had accused Superintendent Charles Barry of misfeasance — a misuse of public office — in his approach to the company and their planned bingo centre, but the judge dismissed this claim.

“Supt Barry was not recklessly indifferent as to the legality of his request for a warrant,” he said. “It seems to me that it follows that Omega is not entitled to claim damages for trespass arising out of the circumstances in which the warrant was granted.”

Omega had complained that they had offered the gardaí open access to all of their operations and materials used in the bingo and that there was never a need for a search and seizure to be carried out.

They also alleged that Supt Barry had organised opposition to Omega by various charities, an allegation that was strenuously denied.

Mr Justice Clarke said the future conduct of gardaí in relation to Omega would be judged in light of yesterday’s decision, unless there is an appeal or legislation change.

Otherwise, Mr Justice Clarke said: “There will not be any legitimate basis for Supt Barry or any member of an Garda Síochána to suggest that the activities of Omega are unlawful simply by reason of those questions which were canvassed and found against the state in these proceedings.

“It will be difficult in the future, in the absence of specific facts justifying a different conclusion, to understand why a search and seizure on foot of a warrant is required to obtain evidence… in circumstances where it is clear that Omega is willing to give all appropriate access to its activities on an open basis.

“My finding of an absence of misfeasance of public office was based on my acceptance of Supt Barry’s word that he simply wished to have the question of the lawfulness of Omega’s activities determined.

“Now that the lawfulness has been determined in favour of Omega I would expect Supt Barry to be as good as his word and… allow Omega to operate in the ordinary way in accordance with the law.”

While yesterday was the final judgment in the case, issues between Omega and Supt Barry may be the subject of fresh High Court proceedings later this year as Dermot Gleeson, senior counsel for Omega, said the company would be alleging misfeasance by the superintendent in days since the December 9 preliminary judgment.