A CANDIDATE who failed to win a seat in the recent local elections has been given permission by a judge to begin proceedings to look at votes cast for a person described as a “phantom candidate”.
The case being brought by the candidate under the Local Elections Act could ultimately lead to his requesting a court order quashing the result of the election in the Adare-Rathkeale constituency and/or a recount of all votes cast.
Richie Crehan of Morrissey’s Cross, Skule, Fedamore, petitioned the Circuit Civil Court in Limerick for leave to begin proceedings to be allowed view a number of votes cast for non-party candidate in the Adare-Rathkeale local electoral area, Robert Daly.
Mr Crehan was represented by a former councillor for the area, Emmett O’Brien BL, instructed by Rossa McMahon of PJ McMahon and Co solicitors.
Mr O’Brien outlined to Judge Colin Daly how, during the count of ballot papers at the Patrickswell Racecourse on June 8, it emerged that Mr Daly had received 65 votes but only 37 were deemed valid.
An unusually large percentage – 28 votes or 43 per cent – were deemed invalid, Mr O’Brien told the court.
Defendants in the case are named as Limerick City and County Council and the Director of Public Prosecutions, in the person of the principle legal officer in charge of elections.
All 10 other local election candidates for the area are named as notice parties in the proceedings.
Mr O’Brien outlined for the court how the tally and official count had proceeded. In the end, his client was “pipped at the last count” by another candidate, Ger Ward, Mr O’Brien told the court.
The barrister said that Mr Crehan had made representations to the returning officer and to the local authority concerning Mr Daly’s votes but after exhausting those avenues, it was decided to petition the court.
“There is a suspicion and concern that there may or may not have been duplication,” Mr O’Brien said, outlining that it will be his petition to allow Mr Crehan inspect the Daly votes and all 150 votes deemed invalid among the candidates.
Describing Mr Daly as a “phantom candidate”, the barrister said the candidate “had no picture on the ballot paper, ” and “had no posters” or visible campaign.
Mr O’Brien said he was seeking the court’s leave to put all parties on notice of the proceedings, including Mr Daly – “if he exists”.
Judge Daly acknoweldged that it would be essential for the candidate to have an address on the record if he stood in the election.
Mr O’Brien said that the official recorded address for Mr Daly is Stoneville, Rathkeale, County Limerick, to which the judge replied that it is allowed that legal notice be served on him using that address.
Whether any party put on notice should turn up at the next court date on July 23 “is entirely a matter for themselves”, the judge said.
