Candaidates to outline case over election spending

The arguments of two election candidates challenging the results in two constituencies will be forwarded to all the relevant …

The arguments of two election candidates challenging the results in two constituencies will be forwarded to all the relevant parties over the next few weeks ahead of a likely hearing of the case in October.

The results in the last general election are being challenged by Ms Kathy Sinnott and Mr Nicky Kelly who failed to get elected in Cork South Central and Wicklow respectively.

In the High Court this morning Mr Justice Kelly directed that counsel for Ms Sinnott and Mr Kelly deliver petitions outlining their points of claim to the other parties involved in the case, including candidates who were successfully elected in those constituencies.

Ms Sinnott and Mr Kelly are both pursuing similar declarations stating that the elections held in Cork South Central and Wicklow are void due to the effects of alleged overspending by some candidates and consequently the court should order new elections to be held.

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Ms Sinnott is seeking a ruling that the Minister for Health and Children, Mr Martin, Mr Simon Coveney, Mr Dan Boyle, Mr Batt O'Keeffe and Mr John Dennehy were not duly elected or returned and therefore the election is void.

A similar ruling is being sought by Mr Kelly in the Wicklow constituency on TDs Mr Joe Jacob, Mr Dick Roche, Mr Billy Timmon, Ms Mildred Fox and Ms Liz McManus.

Mr Justice Kelly said a decision on applications of discovery would be considered on August 1st. He asked that any expert reports be forwarded to all parties involved before this date with a view to the expeditious hearing of the case.

He also ordered that the clerk of the Dail keep safely any records and ballot papers pertaining to the two constituencies for the duration of the trial.

Responding to an application from Counsel for the Attorney General and the Minister for the Environment, Mr Martin Cullen, Mr Justice Kelly excused both parties from further attendance at the hearing.

Mr Justice Kelly reserved a decision on costs.

David Labanyi

David Labanyi

David Labanyi is the Head of Audience with The Irish Times