Mermaids successfully defends case on grounds of ‘reasonable diligence’

Under cross examination from barrister for the Mermaids Donal Cronin (instructed by solicitor Eamonn Dillon), Sgt Kelly explained he had viewed CCTV footage of the Mermaids with owner Liam O’Flaherty at a later date and observed the youth in question entering the premises at 12.18pm, coming through the front door into the bar. “I observed as...he was stopped by Ciarán Clarke, he produced his wallet and showed it to Ciarán Clarke and he was then waved through,” Sgt Kelly told the Court, adding that Mr Clarke did not ‘take possession’ of the wallet.

Mr Cronin informed the Court that there were ‘quite a number of arrangements’ in place on the night, with ten security workers on duty and at least two main lines of checks for id - at the front door of the bar and at the door of the nightclub area internally; amid a crowd of up to 500 patrons present on the night.

Sgt Kelly told the Court he meanwhile returned to The Mermaids with a view to identifying any minors who may have slipped the net. In the case of the first youth, Mr Clarke said he had got through the front door and queued like everybody else to get down to the entrance to the nightclub where he produced identification to Mr Clarke himself.

“I spoke to him to judge if he was lying or trying to trick me... he didn’t produce any of these signs...he then produced his id clearly showing he was overage.”

Asked what he looked like by Mr Cronin, Mr Clarke said: “I did not believe him to be under 18 by his appearance.”

Mr Clarke said he was less certain of the entrance of the second youth but that he would also never believed him to have been underage given his appearance.

Mr Clarke said the second youth showed him a ‘regular driver’s licence’. “I looked at the photo and it looked like him,” he said.

Mr Cronin asked Mr Clarke what other measures the Mermaids