Labour has signalled plans to mount a legal challenge to the outcome of a recount in the Clontarf ward of Dublin City Council where the party's main candidate lost by just two votes.
The five-day recount concluded yesterday leaving Labour's Ms Orla Farrell trailing Fine Gael's Mr Naoise O'Muirí by 2,935 votes to 2,937 on the ninth count for the fifth and final seat.
Labour Senator, Mr Derek McDowell handed in a formal request for a second recount, claiming "it is virtually certain that there are further errors".
However, the request was denied by the returning officer.
Ms Farrell said she was disappointed by the decision, "given the huge number of errors that were discovered and the extremely small margin of votes. I will be seeking advice over the next couple of days and will consider my options."
A Fine Gael spokesman said it was delighted with the outcome, and "we would be very confident even if this goes to court the result would be upheld". But Mr McDowell said a second recount is necessary given that the gap between the two candidates had narrowed at each distinct stage of the recount process from a high of 12 votes last Sunday.
"The original result has become more and more marginal as the recount has progressed." He cited about 75 errors, giving rise to about 200 changes to the various counts - a figure that amounted to about 1 per cent of the total poll. In his letter to the returning officer, Mr McDowell said that were a second recount not to go ahead "it is likely that we will be required to take the matter further".
The destination of the final seat on Galway City Council could yet be decided at the High Court as Fianna Fáil has requested legal advice over the possibility of challenging the final result in the city's West ward.
The party's challenge relates to one of 108 spoiled votes which, sources claim, showed a clear preference for a sitting Fianna Fáil councillor who was eliminated after being tied with a Fine Gael candidate after the third count. Mr Martin Quinn (FF) was eliminated after finishing level with Mr Pádraig Conneely (FG) on 746 votes each, as Mr Conneely had more first preference votes. Mr Conneely went on to win the fourth and final seat.
"If Martin Quinn has had one genuine vote which hasn't been included, and this has cost him his seat, then the very least the party can do is back him up in this campaign," said a Fianna Fáil spokesperson in Galway.
