THE judgment on whether Mr Des Hanafin has a right of appeal against the High Court dismissal of his challenge to the result of the divorce referendum will be given by the Supreme Court today.
Last Tuesday, submissions were made by Mr Garrett Cooney SC, for Mr Hanafln, that he had a right of appeal under the Constitution. The Attorney General, Mr Dermot Gleeson SC, contended that no appeal lay to the Court since provisions of the Referendum Act 1994, in conjunction with the Constitution, excluded that right.
On February 7th last the three judge divisional court of the High Court unanimously dismissed Mr Hanafin's case, stating that the evidence did not establish that the Government's advertising campaign would have materially affected the outcome of the referendum.
The AG had applied for dismissal of the case when the evidence of witnesses for Mr Hanafin concluded on the 11th day of the hearing.
The former senator had sought to overthrow the result of the November 24th poll on the grounds that the Government wrongly spent public money on promoting a "Yes" vote. He wanted the court to declare a new referendum.
When the Supreme Court ruled it would hear the preliminary issue on the right of appeal it directed that it would not be appropriate for the referendum certificate, confirming the result, to be endorsed.