Man's appeal in shebeen case is allowed
A BALLYCULLANE man had his appeal allowed in relation to the operation of a Shebeen when it came before Judge Barry Hickson at Wexford Circuit Criminal Court.
John Murphy, from Ballytarsna, Ballycullane, Co. Wexford, had been fined 50 euro at Wexford District Court for occupying an unlicensed drinking premises, contrary to the Intoxicating Liquor Act at Tallaght, Saltmills, County Wexford, on July 4, 2010. An order was also made that cash seized during a garda raid be forfeited and the alcohol seized be destroyed.
District Judge William Early also fined Murphy €2,500 and expenses of €100 for the Fire Officer for failing to comply with the requirements of a closure notice served on him under the Fire Services Act. Making his decision in the district court Judge Early pointed out that the circumstantial evidence was 'overwhelming' and stated that he didn't ' believe a word of the defendant's evidence'.
When the appeal against the district court conviction came before Judge Barry Hickson, on the application of State Solicitor Mr. Kevin O'Doherty, the appeal was allowed without evidence being offered.