In a noteworthy legal affair, a licensing case originating in Limerick has found itself under the scrutiny of the King’s Bench Division in Dublin. The courtroom, presided over by Mr Justice Johnson, Mr Justice Gibson, and Mr Justice Kenny, witnessed the unfolding of the case of “King (Loch) v Fitzpatrick and others” on a Friday. The heart of the matter was an application seeking to solidify a conditional order of mandamus, aimed at compelling the magistrates of Galbaily Petty Sessions to undertake the responsibility of hearing and resolving a prosecution initiated by District Inspector Loch against Cornelius Cunningham. Cunningham, a resident of Barona in County Limerick, stood accused of unlawfully engaging in the sale of porter on specific unlicensed premises he occupied. The alleged transgression was contrary to the stipulations outlined in sections 17 and 18 of the Victoria Act, chapter 89.
The case’s history bore signs of adjournments, creating an air of anticipation leading up to the proceedings. Notably, on November 5th of the previous year, the magistrates, by a majority, rendered a decision that they lacked the necessary jurisdiction to oversee the case. The assertion was rooted in the claim that the prosecution had not adhered to the appropriate statute. Complicating matters further, Mr Loch’s request for the magistrates to articulate a case was met with a refusal. Although the order recorded in the magistrates’ ledger suggested the case had been “minuted,” confusion persisted.
As the legal battle unfolded, Mr Dudley White, representing the Crown and instructed by Mr M J Kelly, Chief Crown Solicitor, presented the Crown’s perspective. On the defence side, Mr Doyle, QC, instructed by Mr Roger Fox, stood for the defendants. Deliberations included discussions on the proper course of action and the magistrates’ duty to fulfill their responsibilities.
After thorough discussions and considerations, the Court issued a directive, amending the conditional order to ensure that the application encompassed either compelling the magistrates to hear the summons or requiring them to elucidate a case. In the midst of the legal proceedings, it became evident that the magistrates were motivated by a genuine desire to fulfill their duty. The matter, having undergone these legal intricacies, culminated with the Court reserving judgment for a future date. This legal case, originating from Limerick and making its way to Dublin’s legal arena, has underscored the complexities and nuances of licensing matters that extend beyond geographic boundaries.
Limerick Echo – Tuesday 30 January 1906
