A COMPANY operating a bingo hall in Cork city as an agent for a charity has won a High Court declaration that its activities are lawful. However, Omega Leisure Ltd, which sought the declaration after a Garda raid on its premises early last month, is not entitled to damages as a result of the raid, Mr Justice Frank Clarke also ruled.
The judge dismissed the company’s arguments that Togher-based Garda Supt Charles Barry, who sought warrants to carry out the raid, was guilty of misfeasance (improper execution of a lawful act) in public office.
The judge made the declarations in a decision yesterday on key issues in the proceedings by Omega Leisure, trading as Rock Bingo Club, against Supt Barry, the Garda Commissioner and the State. His reasons for his decision will be set out in full judgment.
The company brought the proceedings after bingo books and other documents were seized by gardaí from the premises at Deanrock, Togher, on foot of a District Court warrant. The seizure was made on November 1st just half an hour before the first of Omega’s planned sessions was due to start.
Constance Cassidy SC, for the company, argued it was operating as an agent for a charity under a valid lottery licence and was concerned its bingo sessions were prevented from proceeding. Supt Barry appeared to be operating a “systematic policy” of ensuring gambling does not take place in his area, it was claimed.
The company said it had spent €750,000 fitting out the 1,000-seat hall and planned to run bingo games five nights a week. It claimed it was entitled to run bingo games for charities which had been issued lottery licences for the relevant district.
Omega entered an agency agreement on October 12th last with the Mercy Hospital Foundation, a charity which raises money for the Mercy University Hospital, Cork. Under that agreement, the company will run bingo games for the charity and is entitled to a maximum 40 per cent of the proceeds.
The State denied any wrongdoing and argued that gardaí should not be restrained from carrying out their duties under the 1956 Gaming and Lotteries Act.
