Publican and"fugitive" husband to leave Mayo

17 February 1999

BALLYVARY PUB LICENCE APPEAL WITHDRAWN

By Tom Shiel and Deirdre Kelly

A COUPLE who have been refused the transfer of a pub licence on the grounds that the husband is"an admitted and convicted thief" have indicated that they are leaving Mayo.

Mrs. Alicia O'Reilly, who has been leasing the premises known as Canning's Bar at Ballyvary, Castlebar with her husband, Ivan Karastoyanov, for over a year told the Connaught Telegraph yesterday (Tuesday) that they won't be staying in the area for much longer.

This followed a last minute decision by the couple not to appeal to the Circuit Court a recent District Court decision by Judge Daniel Shields to refuse transfer of the pub licence to Mrs O'Reilly's name.

The appeal was to have been heard by Judge Harvey Kenny at Westport Circuit Court yesterday (Tuesday) but when the matter came up for mention Judge Kenny was told that the appeal wouldn't be going ahead.

When Mrs. O'Reilly applied for a licence transfer at the November sitting of Castlebar District Court, Gardai strenuously objected on the grounds that the applicant's husband had convictions in Germany for robbery, rape and false imprisonment and was being sought in Canada for rape, gross indecency and causing bodily harm with intent to wound.

Karastoyanov is a Bulgarian and his criminal past came to light following a road accident last April in which a 15 year old girl, Muiread Sadler from Sheeaune, Westport was killed.

At the November court, Paul O'Malley, solicitor for the applicant, said Mrs. O'Reilly had no conviction and was willing to give an undertaking that her husband would have no role whatsoever to play in the running of the pub.

Judge Shields refused the application on four grounds -

• It was not a bona fide application in that the applicant, since the ad-interim transfer was granted, had knowingly been assisted by an admitted and convicted thief in the running and management of the licensed premises.
• The said Ivan Karastoyanov is a joint tenant with the applicant, and on the evidence, was substantially involved with the management.
• The latter-Ivan Karastoyanov- living on, and assisting in the running of the premises is a clear breach of the Prevention of Crimes Act, 1871 and, on conviction, would give rise to a discretionary forfeiture of the licence on a first conviction.
• The fact that the applicant has allowed the said Ivan Karastoyanov to live on the licensed premises and assist in the management and control of the premises demonstrates that the applicant is unlikely to carry out her responsibilities under the Licensed Act.

Mrs. O'Reilly wouldn't comment when contacted by the Connaught Telegraph yesterday except to state that they would be moving soon away from the area.

Connaught Telegraph - News & Sport - February 1999