LIMERICK City and County Council (LCCC) expects to be out of pocket by over €10,000 for costs relating to the recent “phantom candidate” court case in the Adare-Rathkeale District.
Following the local elections on June 7 last, a candidate who failed to win a seat was given permission by a judge to look at votes cast for a person described in court as a “phantom candidate”.
The case was brought by Richie Crehan, of Morrissey’s Cross, Skule, Fedamore, under the Local Elections Act. Mr Crehan petitioned the Circuit Civil Court for permission to view a number of votes cast for non-party candidate in the Adare-Rathkeale local electoral area, Robert Daly.
Mr Daly was described 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.
The decision could have had huge potential ramifications for the outcome of the election in the district, including a second vote.
LCCC were defendants in the case, as was the Director of Public Prosecutions, in the person of the principle legal officer in charge of elections.
At this month’s Adare-Rathkeale District meeting, Independent Ireland councillor John O’Donoghue asked for a breakdown of costs borne from the weekslong debacle.
In response, the local authority told Cllr O’Donoghue, by way of background, that “following the inspection, I can advise that the applicant in the proceedings made an application to the court to withdraw their petition”.
“Limerick City and County Council did not oppose the application,” a spokesperson for the Council’s Corporate Services Department explained.
Mr Crehan, councillors were informed, made no application for costs and Limerick City and County Council did not seek costs against him.
According to the local authority, the withdrawal of the application and discontinuation of proceedings is a positive outcome for LCCC.
“A continuation of proceedings and hearing of evidence in the Circuit Court would likely amount to a costly undertaking,” the spokesperson said.
“The petitioner acknowledged that the Returning Officer dealt with their concerns regarding the integrity of the vote in an open and transparent manner.”
The Corporate Services spokesman added that the judge in the case acknowledged that “it was important for democracy” that the election was shown to be open, transparent, and robust.
“In line with standard fees, LCCC anticipates paying legal costs of €10,000 plus VAT. No payment has been made at this stage,” the added.
