A Fianna Fail election candidate was yesterday declared "legal" by the High Court which issued an order restoring him to the ballot paper for the June 11th local government polls.
Businessman Colm Heery (40), had been told by Fingal County Council he could not seek election because he had failed to pay £255 in water rates.
The court was told that a provision of the 1994 Local Government Act prohibited the candidature of persons who were in arrears or who had court judgments outstanding against them in respect of the authority to which they sought election.
After Mr Justice Nicholas Kearns was told the water rate arrears had been paid by a third party and the matter had been settled, he made an order declaring Mr Heery an eligible candidate for the elections in the Mulhuddart ward.
Yesterday's ruling came after an ex parte application for an injunction had been sought at Mr Justice Kearns's home. Mr Heery had been informed by Fianna Fail headquarters last Friday that his election papers had been deemed to be invalid because of the contravention of legislation.
Mr Justice Kearns heard that yesterday was the last day for the finalising of ballot papers. Mr Heery was represented by Mr Gerard Hogan SC with Mr James O'Reilly SC appearing for Fingal County Council.
Also in court was Mr Brian Lenihan TD, a party deputy for Dublin West, and Mr Sean Sherwin, Fianna Fail's national organiser.
Mr Heery, a party member for six years, was due to stand with Cllr Margaret Richardson in the Mulhuddart ward until told he could not go forward because of a decree for £295.70 made by the District Court on January 14th, 1997.
He had sought an order restraining the council from disqualifying him and, if necessary, an injunction restraining the holding of local elections in the ward.
In an affidavit he said he had been ratified as a Fianna Fail candidate on January 28th and had since carried out an extensive canvass of the area.