SENATOR IVOR Callely’s legal action aimed at quashing a finding that he misrepresented his normal place of residence in order to claim expenses will begin before the High Court on Tuesday.
The Senator is seeking orders from the court aimed at quashing the Seanad’s Select Committee of Members’ Interests decision that Mr Callely had intentionally misrepresented his normal place of residence as Kilcrohane, Bantry, Co Cork, in order to claim allowances.
As a result of the committee’s findings he received a 20-day suspension from the Seanad.
Yesterday, the president of the High Court Mr Justice Nicholas Kearns informed the parties that the matter had been “given priority” and stated that Mr Justice Iarfhlaith Ó Neill had been assigned to hear the case.
Lawyers for the Senator had earlier this month sought permission to have the findings judicially reviewed by the High Court. However it was agreed to adjourn the matter to yesterday with a view to getting the case heard in early October.
The court heard yesterday that Mr Callely’s legal team intends to bring a motion seeking the discovery of transcripts taken during a number of private sessions conducted by the committee members during the course of the hearing against the Senator.
Counsel for the committee Eileen Barrington said that the transcripts from those sessions would not be provided because they are privileged.
Meanwhile, the Seanad Committee on Members’ Interests said it would take no action against Mr Callely in relation to a complaint against him relating to his Declaration of Members’ Interests.
The complaint was an allegation that the Senator did not disclose all the properties owned or co-owned by him in an official declaration. “Having reviewed the materials received from Senator Callely the committee accepted that the properties referred to in the complaint were not owned by Senator Callely but rather were owned by family members of the Senator. Consequently no action will be taken against the Senator,” a report from the committee said.