Garda acted on advice of Attorney General
At the High Court sitting in Cork, Superintendent Charles Barry gave evidence in relation to how and why warrants were sought to inspect the 1,000-seat premises on Jan 1, 4, 6, and 8.
James Barber of Omega Leisure Ltd contended through counsel Dermot Gleeson the searches should not have been conducted. Mr Gleeson said: “The big answer to the big question was that commercial bingo was lawful” as determined by Mr Justice Frank Clarke on Dec 9, 2011.
Supt Barry said Rock Bingo could operate as an agent for clubs or charities with licences for bingo nights. However, he said that the licence for Jan 1 and Jan 4 had been granted to Longford Rugby Club.
The superintendent for where the bingo would take place should receive 28 days’ notice, he said. He said no such notice was given to him. Supt Barry said he met Cork state solicitor, Barry Galvin, who had referred the issue to the AG’s office.
“If I am to take the advice, which I did, from the Attorney General, then Longford Rugby Club should have given me 28 days’ notice because the bingo hall was in my area. I should have been given the notice. That is what I took out of the Attorney General’s advice from Mr Galvin that was passed on to me.”
It was his view that other licences for Jan 6 and 8 were confined to the Dublin Metropolitan District.
Mr Gleeson accused him of ringing charities putting them off operating through the agency of Rock Bingo.
Supt Barry said: “I agree that the impression could be given that I was frightening off the charities.”
Mr Gleeson said of the four searches: “This was a farcically disproportionate response, given that the High Court was about to give judgment. Having four successive searches made no sense other that as an act of oppression.”
Supt Barry replied, “How often do you think I get advice from the Attorney General’s office?”
The case continues today.
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