Casino wins challenge over judge’s refusal to withdraw from hearing case

A casino has won its challenge aimed at preventing a district court judge hearing its prosecution for allegedly selling alcoholic beverages without a liquor licence.

It is charged with selling certain intoxicating liquor without being duly licensed to do so on November 28th 2015 contrary to Section 7 of the 1924 Intoxicating Liquor Act. It claimed Judge Fahy, who had been due to hear the prosecution before Galway District Court, had made remarks in a previous, similar court case against a director of the company in 2015.

When the second prosecution came before the District Court in January 2017 the company asked Judge Fahy to recuse herself. It claimed the judge’s remarks in the earlier case when the director was charged gave rise to a reasonable apprehension the company would not receive a fair hearing from an impartial judge.

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