In a further twist to the so-far failed attempt to have the results of the Listowel electoral area declared invalid, Kerry County Council has said it no longer wants to pursue the order it sought a week ago for a full transcript of a two-day court hearing into the matter.
A stay has now been put on the preparation of the full transcript, which the council initially went to the courts to seek.
Last week, the council said it was prepared to pay for what the court heard was a costly procedure, and the Circuit Court in Tralee heard yesterday that the transcript granted by court order last week was already in the queue in the courts service.
Former Fianna Fáil senator and councillor Dan Kiely, who failed to get a seat by just two votes, had petitioned the court for a full recount because he was not involved in the adjudication process of spoilt ballots and was not allowed to see them during a recount.
However at the end of a hearing in June, South West Circuit Court Judge Carroll Moran dismissed the petition and said recounts need not include spoilt votes.
Last Friday, the county council sought a full transcript, saying it would pay the costs. Judge Carroll Moran said that “on reflection” he too would need a transcript of his judgement, which was given orally, so that he could tidy things up and give it in written form.
The court heard that a full transcript would be needed in the event of an appeal by Mr Kiely.
However, yesterday, Rosemary Cronin, solicitor for the council, said her application for the order of a transcript was “superfluous now”, given that Judge Moran was producing a written judgment.
This means that if Dan Kiely, 71, wishes to go to the Supreme Court to pursue issues arising from the case, he must pay the estimated €3,500 costs for the transcript. His legal team last week confirmed they were seeking an appeal and were awaiting the full transcript.
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