Callely could face criminal prosecution over expenses

FORMER junior minister Ivor Callely could be facing a criminal prosecution over alleged bogus mobile phone expenses he claimed while a member of the Oireachtas.

The 53-year-old retired politician was arrested yesterday in relation to possible breaches of the Criminal Justice (Theft and Fraud Offences) Act 2001.

They relate to allegations that Mr Callely submitted fraudulent receipts while claiming expenses for mobile phone kits.

The former Fianna Fáil TD and senator was arrested by members of the Garda Bureau of Fraud Investigation shortly after midday at his home in Dublin. He was brought to Irishtown Garda Station for questioning under the Criminal Justice Act 1984, where he was still being held at the time of going to press. Detectives also carried out a search of Mr Callely’s home and former constituency office in Clontarf.

The Garda investigation has resulted from a file sent to the DPP following an investigation by the Standards in Public Office Commission.

Last April the commission discontinued its inquiry after Mr Callely ceased to be a member of the Oireachtas following the dissolution of the Seanad and it consequently had no jurisdiction in the matter. However, the commission said it had formed the opinion that the former senator “may have committed an offence relating to the performance of his functions as a member”.

Mr Callely resigned from Fianna Fáil in August 2010 after he had earlier been suspended by the party over the expenses controversy. The story came to light following an investigation by the Irish Mail on Sunday which highlighted how Mr Callely submitted invoices for €2,907 in 2007 for purchasing mobile phones, using headed notepaper from a company that had ceased trading in 1994.

Anyone convicted of an offence under the Criminal Justice (Theft and Fraud Offences) Act 2001, can face a maximum fine of €1,905 and/or a prison term of 12 months if tried at district court level.