CANDIDATES in the Adare-Rathkeale electoral area are to be allowed examine invalid votes cast in the local election.
The decision has potential ramifications for the outcome of the election in the area, which was held this past June 7, depending on what is revealed when the 150 votes deemed invalid at the original count are viewed and examined.
The decision by Limerick City and County Council to allow Richie Crehan, of Morrissey’s Cross, Skule, Fedamore, and others who stood for election in the area, examine the votes was announced in the Circuit Court in Limerick this week.
Mr Crehan had previously 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 Daly was described previously in court as a “phantom candidate” by the barrister representing Mr Crehan, Emmett O’Brien, who is himself a former councillor in the Adare-Rathkeale area.
At this week’s hearing, all of the parties named in the proceedings were legally represented in court with the single exception of the “phantom” candidate, Robert Daly.
When the case came before the court for the second time, Mr O’Brien BL, instructed by Rossa McMahon of PJ McMahon and Co solicitors, asked the judge for an adjournment.
“There has been communication,” he said and read out a letter outlining how the council is agreeable to allowing all local election candidates in the Adare-Rathkeale area view the 150 votes which were deemed invalid.
The council were to communicate to all parties when and where this might happen but it was anticipated, Gerry Reid, legal representative for the local authority said, that it may be arranged for Thursday of this week (July 25).
Mr O’Brien previously outlined to Judge Colin Daly how, during the count of the 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 of which – 27 votes or 43 per cent – were deemed invalid, Mr O’Brien told the court.
The number of votes deemed invalid for the entire electoral area was 150, and these are the votes which will be viewed again.
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”.
The barrister said that the official recorded address for Mr Daly is Stoneville, Rathkeale, County Limerick.
Judge Daly agreed to an adjournment until July 30.
Speaking after the proceedings, Mr Crehan said that he is “delighted with the outcome”.
“We would have liked to be able to examine all of the votes but we will see what comes up when we look at the invalid votes”.
