Director of Public Prosecutions James Hamilton has strongly objected to a Fianna Fáil Senator's charge that he is "persecuting" a councillor who was acquitted of theft and misappropriation of funds charges last year.
Mr Hamilton has decided to re-enter the charges against former Fianna Fáil and now independent councillor Michael "The Stroke" Fahy, who served seven months in Castlerea Prison before his release.
On January 30th, Senator Terry Leyden, speaking in the Seanad, strongly criticised Mr Hamilton: "Now, the DPP has decided to re-enter a case against him. This is not prosecution, it is persecution of a man doing his duty - he brought his mother home for Christmas from a welfare home. The DPP has decided it was a mistrial, irrespective of the decision by Mr Justice Finnegan, Mr Justice Feeney and Ms Justice Irvine that the case was to be thrown out.
"In the circumstances, I ask the Director of Public Prosecutions, Mr Hamilton, why he has re-entered this case when there are so many cases to be heard before our courts. It is a waste of public funds and the matter should be left aside. This man has suffered enough. I ask the DPP to reconsider his decision," Senator Leyden told fellow Senators.
The outburst prompted a strongly worded letter from the DPP to the Cathaoirleach of the Seanad, Senator Patrick Moylan, who has clashed on a number of times in the chamber with Senator Leyden.
During an exchange on Wednesday, Senator Moylan issued a put-down to his Longford party colleague, ironically as the latter sought to demand a Seanad debate to support Taoiseach Bertie Ahern's decision to challenge the actions of the Mahon tribunal before the High Court.
"I wish to note the Taoiseach's moves to uphold the parliamentary privilege from which we all benefit as members of the Oireachtas," he said, adding that such freedoms "may be under threat from forces" in society.
Rejecting calls on him to desist, Senator Leyden said: "I am entitled to speak in defence of the Taoiseach in this House. I am trying to defend the Taoiseach. The very least I ought to do is defend the Taoiseach of my country."
However, a clearly annoyed Cathaoirleach ruled him out of order. "I am disappointed by the Senator's raising of this issue. He created much embarrassment for me in the chair two weeks ago." But Senator Moylan did not explicitly refer to the DPP's letter.
Responding to questions last night from The Irish Times, the Houses of the Oireachtas Commission said: "If a letter had been sent from the DPP, it would have come through as private correspondence. In that respect, his [Senator Moylan's] office could not confirm or deny if a letter had come in." A spokesman for the DPP's office would not comment.
Cllr Fahy spent seven months in jail having been sentenced to 12 months' imprisonment and fined €75,000 after he was found guilty at Galway Circuit Criminal Court of misappropriating county council funds and att'empted theft.
He resumed his place on the council last December, where he was warmly welcomed by councillors from all parties after he was released from jail.
