Petitions seeking to declare the Cork South Central and Wicklow general election results of May 2002 null and void may yet fail, the High Court heard yesterday.
Mr Justice Kelly granted leave to Mr Colm Mac Eochaidh, for Mr Dan Boyle, Green Party TD in Cork South Central, to bring a motion seeking to strike out the petition on the grounds of technical difficulties.
Ms Kathy Sinnott, who was defeated after several recounts by only six votes by Fianna Fáil's Mr John Dennehy in the Cork constituency, alleges Fianna Fáil failed to detail all election expenditure by Mr Dennehy and his successful Fianna Fáil running mate Mr Batt O'Keeffe.
Mr Nicky Kelly, who was defeated in the Wicklow constituency by 19 votes, is seeking a declaration that the election is null and void because of overspending by just under €10,000 by Mr Joe Jacobs, the elected Fianna Fáil TD. Other successful candidates in Wicklow were Mr Dick Roche (FF), Mr Billy Timmons (FG), Mr Liz McManus (Lab) and Ms Mildred Fox (Ind).
Mr Justice Kelly said it seemed obvious from Ms McManus's non-appearance at any of the court proceedings to date that she did not intend to play any part in the proceedings.
Mr Colm Ó hOisín, for Ms Fox, said no allegation of wrongdoing had been made against his client, and while she would be preserving her position, he would also consider bringing a motion seeking to strike out the petition relating to Wicklow.
Mr Mac Eochaidh said that while no allegations of wrongdoing had been made against his client, Mr Boyle, the petition sought to set aside the result of the election in Cork South Central. It appeared the case being made was that Mr Boyle had benefited by the alleged wrongdoing of Fianna Fáil in that transfers of votes from Fianna Fáil candidates had helped to elect him.
The High Court was being asked to declare the result in Cork South Central null and void, which would mean his client would be faced with having to fight a fresh election despite not having been guilty of any wrongdoing.
Mr Mac Eochaidh said the only allegations of wrongdoing had been made against Fianna Fáil, and he wanted to know whether it was being alleged that vote transfers from successful Fianna Fáil candidates to Mr Boyle affected his election. He would be contemplating bringing a motion to strike out the petition on the grounds it had not been validly brought.
Mr Justice Kelly said he could not decide this new matter at this juncture, but would give leave to Mr Mac Eochaidh to bring a motion seeking to strike out the petition, which he would deal with on October 7th.