Bid to overturn poll result may fail

PETITIONS seeking to declare the Cork South Central and Wicklow general election results null and void may yet fail, the High Court heard yesterday.

Mr Justice Peter Kelly granted leave to Mr Colm Mac Eochaidh, counsel for Dan Boyle, Green Party TD in Cork South Central, to bring a motion seeking to strike out the petition on the grounds of technical difficulties.

Kathy Sinnott, who was defeated after several recounts by only six votes by Fianna Fail TD, John Dennehy, in the Cork constituency, alleges Fianna Fail failed to detail all election expenditure by Mr Dennehy and his successful Fianna Fail running mate Batt O’Keeffe.

Mr Tony O’Connor, counsel for Fine Gael’s Simon Coveney, TD, said no allegation of wrong doing had been made against his client who would not be participating in the proceedings. He had attended yesterday’s proceedings as a courtesy to the court.

Nicky Kelly, who was defeated in the Wicklow constituency by 19 votes in the May 2002 general election, is seeking a declaration that the election is null and void because of overspending by just under €10,000 by Joe Jacobs, the elected Fianna Fail TD.

Other successful candidates in Wicklow were Dick Roche (FF), Billy Timmons (FG), Liz Mc Manus (Lab) and Mildred Fox (Ind). Judge Kelly said it seemed obvious from Ms Mc Manus’s non appearance at any of the court proceedings to date that she did not intend to play any part in the proceedings.

Mr Colm O hOisin, counsel for Ms Mildred Fox, TD, said no allegation of wrong doing had been made out against his client and while she would be preserving her position in the matter he would also consider bringing a motion seeking to strike out the petition relating to the Wicklow constituency result.

Yesterday’s proceedings had been listed during the vacation sitting for “housekeeping” purposes dealing with points of claim, points of defence, discovery of documents and notices for particulars seeking clarification of claims being made by the petitioners.

Mr Mac Eochaidh said while no allegations of wrong doing had been made against his client, Mr Dan Boyle, the petition sought to set aside the result of the election in Cork South Central.

He said it appeared the case being made was that Mr Boyle had benefited by the alleged wrongdoing of Fianna Fail in that transfers of votes from Fianna Fail candidates had helped to elect him.

The High Court was being asked to declare the result in Cork South Central null and void, which would mean his client would have to fight a fresh election, despite not having been guilty of any wrongdoing.