independent

Saturday 21 September 2019

is ordered to open at night

INSPECT PREMISES

'It is very visible if Gardai come to the gate,' said Inspector Walsh, who made an application that Murphy would give a commitment that he will not trade, that he will not interfere with witnesses, and that the gates, while they lead onto private property, would be left open for Gardai to make an assessment or to inspect the premises on Friday, Saturday and Sunday nights from 8 p.m. until 12 midnight.

In objecting to some of the conditions, his defence solicitor highlighted that his client has no previous convictions and it is 'denied strenuously' that any trade was going on.

'To make a commitment not to trade would admit guilt,' he said, adding that Mr. Murphy has dogs on the property and he would not agree to leave the gates open.

'It is a very serious charge,' responded Judge O Buachalla. 'There is enormous concern as set out by the Inspector. It is in the public interest requiring Gardai to have access to the property,' added the Judge, only for the defendant to later tell the court that the level of public concern is 'over-rated'.

In setting out the difficulty in gaining access to the property, Inspector Mick Walsh said Gardai had to gain entrance to the premises 'cross-country' to serve the recent warrant.

However, the defence solicitor objected saying it is unconstitutional asking the defendant to relinquish his property rights and Mr. Murphy has always said that he will let the Gardai in.

After much argument Mr. Murphy's bail conditions require him to leave his gates open for inspection from 8 p.m. until 2 a.m. and on as many occasions as the Gardai require to call, and that when they do arrive, his dog would be secured.

Bail was then set at €1,000 in the defendant's own bond.

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