Galway councillor Michael Fahy is expected to begin a year's jail sentence next week after he was today refused bail following his conviction for theft and fraud offences.
The former Fianna Fáil councillor was refused bail by the Court of Criminal Appeal.
The special or exceptional circumstances required before the court may grant bail to a convicted person did not apply in this case, Mr Justice Joseph Finnegan, presiding and sitting with Mr Justice Liam McKechnie and Mr Justice Brian McGovern, said.
Fahy has lodged an appeal following his conviction and his counsel, Mr Martin Giblin SC applied for bail pending that appeal hearing.
Mr Giblin said the sentence imposed "bordered on harshness" and his client's case for bail was a strong one on several grounds, including that mmost of his sentence would be served before an appeal could be heard by the Court of Criminal Appeal.
Fahy would also lose his seat on Galway County Council because of local government legislation requiring any elected member who received a jail sentence of more than six months to be replaced by somebody else.
Bernard Condon BL, for the DPP, objected to bail. There were consequences for every person that was sentenced to jail, be they professional or personal, he said.
Fahy's sentence is not due to commence until next week as he was given time to put his affairs in order, including to address the welfare of his elderly mother, with whom he lives.
Fahy (56) of Caherduff, Ardrahan, Co Galway, was found guilty on March 6th of all charges against him in a case where he was accused of using his position as a councillor to have nearly a mile of fencing erected on his lands at the expense of the local council and the taxpayer.
He had denied seven charges of theft, fraud and false accounting during the five-day trial earlier this month.
He denied that in 2002, he caused £7,055 to be paid by Galway County Council to Thomas Byrne of Byrne Fencing Ltd for works carried out for his own use and benefit on his private lands.
He also denied the attempted theft in 2003 of more money by submitting fraudulent invoices from the fencing company for €7,233 and €7,523, and with attempting to make gain for himself through false accounting by submitting those invoices to the council in 2003.
Fahy was last week sentenced to 12 months in jail and fined €75,000. He was today denied bail at the Court of Criminal Appeal and is due to start his prison term on Tuesday at Castlerea prison.
Following his conviction last Tuesday, Fahy indicated his determination to remain an Independent member of Galway County Council.
Judge Raymond Groarke at Galway Circuit Court accused him of perjury and said he was a "determined fraudster".
Fahy was first elected as a Fianna Fáil member of Galway County Council in 1979 but resigned from the party in 2004.