Charge of running a sheebeen on Laois/Kildare border dismissed
Defending barrister Richard Wixted pleaded for leniency for charge of running a sheebeen on Laois/Kildare border
A man charged with a breach of a 100-year-old liquor law that could have seen him spend six months in prison if found guilty had the charge dismissed after the judge deemed a garda application to reissue the summons was outside the statute of limitations.
It was not, however, plain sailing for Mark Salmon (47) of Fortbarrington, Athy at a recent sitting of Athy District Court, as he was found guilty of driving without insurance at Tonlegee on 23 February 2023.
This was dealt with first and he pleaded guilty to the charge.
Sgt Dave Hanrahan notified the court that Salmon had nine previous convictions, eight of which were for road traffic offences.
Defending barrister Richard Wixted pleaded for leniency, telling Judge Desmond Zaidan that his client needed his car for work and the judge fined him €750, giving him three months to pay, and he moved on to the substantive matter – as to whether Salmon had been operating a shebeen.
Mr Wixted told the court that his client was pleading not guilty to a breach of the Intoxicating Liquor Act 1924.
“The allegation was he was running a shebeen, offering various alcoholic drinks without a licence to sell,” said the judge.
Mr Wixted explained that the maximum penalty from the 100-year-old law was a fine of £50 or six months in prison and deemed the charge as “summary in nature.” The state originally alleged that on dates between 4 September 2020 and 22 October 2020, Salmon was running a shebeen at his home without a valid liquor licence.
“The offence was selling liquor, not running a shebeen,” clarified Mr Wixted.
In court, Insp Laura Dragoi sought to amend the dates of the alleged offence as to fall between 1-3 October 2020.
“The prosecution should have dealt with the matter then and not wait four years and this is particularly unfair to my client,” said Mr Wixted.
“I don’t believe the summons infringes the defendant’s rights,” said Insp Dragoi.
However, Judge Zaidan then noted that the summons wasn’t issued until 28 March 2021, “which puts it outside the statute of limitations, outside six months.” “The state did not of its own free will apply for the amendment, it was brought by the defence, that is of some concern,” said the judge.
“This has been before me five or six times and the state could have easily brought this case a year or a year-and-a-half ago,” he said.
“A substantive part of the charge still exists, but the state widened their date but in the end isn’t exactly sure, so I’m going to dismiss the charges,” he ruled.
