Courts / Galway / Report
State appeals ruling over judge's recusal from Casino case
Summary
The State has appealed to the Court of Appeal against a High Court ruling that quashed Judge Mary Fahy's refusal to recuse herself from hearing the prosecution of Midnight Entertainments. The company, which operates the "4 Aces" casino in Galway city, is charged with selling alcohol without a licence on November 28, 2015. Midnight Entertainments denies wrongdoing, asserting it is a private members' club that does not require a liquor licence, and intends to fully defend the prosecution. The appeal stems from Judge Fahy's earlier 2015 decision in a similar case against a company director, where she found him guilty, imposed a six-month suspended prison sentence, and remarked that a "genuine casino" must hold a liquor licence. Citing these remarks, the company argued in January 2017 that a reasonable apprehension of bias existed, prompting Judge Fahy's refusal to recuse. The High Court subsequently ruled in the company's favour. The Director of Public Prosecutions is now seeking to overturn that decision. Counsel for the DPP argued that the judge's legal ruling did not necessitate recusal, while company counsel described the prosecution as unusual and a "second bite of the cherry." The Court of Appeal, presided over by Mr Justice George Birmingham with Mr Justice Patrick McCarthy and Ms Justice Aileen Donnelly, reserved its judgement on the appeal.
Who, what, where, when and why
What: Report matter: State appeals ruling over judge's recusal from Casino case. Procedural stage: appeal
When:
- November 28, 2015 Hearing Or Sentence
- January 2017 Hearing Or Sentence
- 2019-11-22 Publication
Case subjects
Applicant
Outcome: On that occasion, Judge Fahy found the director guilty, imposed a six month suspended prison sentence on him, and remarked that if the premises was a "genuine casino" it "must" have a liquor licence.
Places mentioned
- High Court
- Galway
- Galway District Court
- Court of Appeal
Topics
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