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You are > Home > Clare island ‘sting motivated by malice’
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Wednesday, December 03, 2003
Clare island ‘sting motivated by malice’
A charge against Mr. Chris O'Grady, the Bayview Hotel, Clare Island, of selling alcohol after hours, has been dismissed after a judge ruled that the motivation behind the complaint against the defendant was entirely malicious.
At Westport District Court last week, Judge Mary Devins, who had adjourned her ruling in the case to allow consideration of the evidence by Mrs. Bernie Prendergast, (nee O'Malley), Gradogue, Claremorris, said she was rejecting the evidence entirely. Mrs. Prendergast had pleaded guilty to a charge of purchasing alcohol after hours in the hotel on July 25th last at 02.05am. She told the judge she felt compelled to carry out her 'sting' operation as she believed it was wrong that the O'Gradys were breaking the licensing laws.
Commenting that the informer in Irish history has its own painful history and political connotations, Judge Devins ruled;" On reaching my decision I have set aside any consideration of regarding the complainant as the informer. This is not relying on her evidence purely in legal terms.
"The evidence of Mrs. Prendergast was corroborated by Mr. Karl O'Grady, who was in charge of the premises on that particular night. Mrs. Prendergast was absolutely honest as to her intention of making these claims. She had a few drinks in the Community Centre on Clare Island. She then sat in a car outside the Bayview Hotel and quietly fumed. She then made a conscious decision to go in and buy some drinks. Some days later in her home on the mainland, she decided to make her complaint.
" She was motivated, in my view , solely by malice. She was feeding a spleen which unfortunately exists between her family, the O'Malleys, and the O'Grady family. That grievance has unfortunately been aired before in this court and is so damaging to the families and the court and to the county almost.
" I cannot ignore the motivation so I am rejecting her evidence as a complete and utter abuse of this court and all summonses against Mr. O'Grady are dismissed".
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