By Thomas Lynch
A Duleek defendant had her case for no TV licence struck out in Drogheda District Court on Tuesday after an An Post representative could not prove that the TV she owned was receiving a digital signal.
The defendant admitted to owning a TV on the date the TV inspector called to her home but told the court it was “AN OLD” analog television which she used for DVD’s purposes. She told the court she explained this to the inspector on the day he called however the An Post representative said he had no recollection of this.
When asked by the judge. Did she own a TV she replied “YES”.
When told by the judge that she required a TV licence for a TV she replied she “DID NOT” because the TV in question was an “OLD ANALOG” TV which did not have Saoreview or could it receive a digital signal.
Following a brief discussion between the judge and the An Post representative the judge struck the charge out.
Duleek Against The Water Charges spokesperson Thomas Lynch said todays ruling could have nationwide implications for future court cases been took by An Post because it now seems that An Post may have to prove beyond reasonable doubt that your TV is soareview approved or can receive a digital frequency. For An Post to be able to do this they would have to be able to enter your property. At the moment your are not obliged to let anyone enter you property without a search warrant.