‘Suspicion’ highlighted in court over ‘phantom’ Limerick local election candidate

A JUDGE has granted permission to commence proceedings brought by a local election candidate in Limerick who lost out on becoming a councillor by 44 votes.

Judge Colin Daly allowed counsel to bring an application to inspect ballots of a “phantom candidate” in the Adare-Rathkeale Municipal District, at Limerick Civil Circuit Court this Tuesday.

Richie Crehan, of Morrissey’s Cross, Skule, Fedamore is the plaintiff in the matter of the Local Elections (Petitions and Disqualifications) Act 1974. The respondents are Limerick City and County Council and the Director of Public Prosecutions.

The notice parties are the 10 other candidates who put their names forward in Adare-Rathkeale – Bridie Collins, Joanne Collins, Robert Daly, Tommy Hartigan, Stephen Keary, Trina O’Dea, John O’Donoghue, Michael Sheahan, Adam Teskey and Ger Ward.

Mr Crehan was represented in the ex-parte application by Emmett O’Brien BL, who was formerly an elected councillor in Adare-Rathkeale but didn’t seek re-election last month. Mr O’Brien was instructed by Rossa McMahon, of PG McMahon Solicitors LLP.

Mr O’Brien said it was only the second time, that he is aware of, that an application of this nature has been made in the history of the State.

The barrister outlined the background to Judge Daly saying a tally was undertaken by Fine Gael and Fianna Fail at Limerick Racecourse following the election date of June 7.

“The notice party, Robert Daly, tallied 65 votes but only obtained 37 valid votes. He seems to have 28 invalid ballot papers amounting to some 43% of his vote,” said Mr O’Brien, who added this was in contrast to other candidates whose percentage of invalid ballot papers was “marginal”.

Mr O’Brien went through the counts for the judge, saying “Ger Ward pipped Mr Crehan on the very last count”

“The petitioner (Mr Crehan) lost out by 44 votes to Mr Ward,” said Mr O’Brien.

He applied to Judge Daly for a return date for a notice of motion to inspect Robert Daly’s valid and invalid ballot papers and all of the 150 invalid ballot papers in Adare-Rathkeale to consider the validity or otherwise.

“There is a suspicion and concern as to whether there may or may not be duplication, or where there is authenticity in respect of those votes. There is a large invalid vote specifically to a candidate who hadn’t his picture on the ballot paper, neither canvassed, no election leaflets or put up posters. He seems to be a phantom candidate. 

“There are 37 votes in play. Mr Crehan lost ultimately by 44 votes. It may seem marginal but it is a matter of electoral integrity. We have exhausted all recourses in terms of correspondence with the returning officer,” said Mr O’Brien.

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Judge Daly granted a return date of Tuesday, July 23 for the notice of motion and ordered that the defendants – Limerick City and County Council and the Director of Public Prosecutions – and the notice parties, including Mr Daly, be served by registered post. Mr O’Brien said “if Mr Daly exists”.

The attendance of the notice parties in court next week is a matter for themselves, the court heard.

Speaking to media outside the courthouse, Mr Crehan said he had extensively canvassed the eastern side of the Adare-Rathkeale Municipal District which stretches from Ballyneety to Loughill. The Independent candidate received 1,249 first preferences.

He said all the councillors in the last term were from the west side of the electoral area and he wanted to represent the people living in the eastern side. 

“We just want it to be right,” said Mr Crehan, in reference to the court proceedings.