THE CASE against three women charged with running a brothel in Dundalk, Co Louth, was thrown out yesterday after a judge found the search warrant used by gardaí referred to a different address.
Judge Flann Brennan in Dundalk District Court also found that the occupants of the house entered by gardaí did not have an opportunity to object to the gardaí going in as they did not identify themselves before going in the front door.
Three women in their 20s from Nigeria, who gave addresses in England, Dundalk and Cork, each faced a charge of keeping a brothel at Seatown, Dundalk, on December 2nd last. Judge Brennan heard the warrant was for another address – Seatown Place, Dundalk.
When the case was first called last week, Fergus Mullen, solicitor for the first two accused, argued that the search gardaí carried out was unlawful because it was “not authorised by the warrant”. Judge Brennan had adjourned it until yesterday to consider the points raised.
Yesterday he heard that a garda had been invited on to the premises after knocking on the door and was inside the front door for up to two minutes before identifying himself. Laurence Baxter, for one of the women argued that this was entry by subterfuge and was a breach of the constitutional rights of his client.
Judge Brennan said he was satisfied that the warrant issued was, “for another and different premises.” He also found “the purpose of the warrant as an instrument authorising entry was redundant once gardaí entered the premises.”
He dismissed the case.