A senior figure in the Irish Farmers' Association has had his position "marginalised" and not properly recognised because of errors by the association in its nomination process for committees, the High Court was told yesterday.
Mr Gerard Murphy, a dairy farmer, of Ballyneale, Co Waterford, has been active in the IFA for over 30 years and from 1998 to 2002 was the Munster representative on the association's National Rules, Privileges and Procedures Committee (NRPPC).
He has taken proceedings against the IFA arising from the manner in which nominations for the committee were processed.
The IFA has argued that, as Mr Murphy was elected for the next two years to be the Munster representative, his application to restrain the IFA from excluding him from the committee's business is moot (no longer an issue).
Earlier yesterday Mr John Rogers SC, for the IFA, its president, Mr John Dillon, and its general secretary, Mr Michael Berkery, said his clients rejected the suggestion that Mr Murphy was in no-man's-land or in a limbo arising from the conduct of the election. It was clear the subject matter of Mr Murphy's application to the court was moot.
Mr Rogers said this dispute was not about personalities, because at the outset it appeared that an error was made by IFA staff and that Mr Liam Foley, a farmer of Donoughmore, Cork, had been included in nominations for three council seats instead of being nominated for the Munster seat.
When the misunderstanding was realised it was decided to declare the Munster seat "unsafe" and to rerun the election.
Mr David Kennedy SC, for Mr Murphy, said the NRPPC comprised seven members, one from each province, and three elected by the council. In January 2003 Mr Murphy was due to retire by rotation from the committee. On January 23rd, 2003, he was nominated to be again the Munster representative.
Subsequently, he learned from the IFA that Mr Foley had also been nominated. He was told that was not for the Munster seat but for one of the three council seats.
At the annual general meeting of the national council on January 28th, 2003, it was decided not to hold an election for the Munster seat and it was decided that it be rerun.
Mr Murphy believed, as he was validly nominated and was unopposed, he should be elected for the Munster seat. The council did not agree. In July 2003 a proposal was made to co-opt Mr Foley on to the NRPPC which would mean eight members instead of seven and therefore two Munster members.
Mr Rogers said it was clear from the affidavit of Mr Seamus O'Brien of Tullow, Co Carlow, who is the the IFA's national returning officer, that Mr Murphy's claim was moot.
Ms Justice Laffoy adjourned the proceedings to Monday.