THE State must pay the legal costs of a man who was not, allowed to vote in a general election even though his action was dismissed, the High Courts decided yesterday.
Last Wednesday Mr Justice Morris dismissed the action by Mr Patrick J. Graham, Elton Court, Meelick, Co Clare, whose vote in the 1987 general I, election was given to his father.
The judge said Mr Graham's father, of the same name, had presented himself at the polling station at Ballybrown school near Clarina in the Limerick West cousitituency. The presiding officer, believing his name appeared at entry 652 as "Graham, Patrick, jnr" furnished him with a ballot paper and permitted him to vote.
The judge said it had been established to his satisfaction that this was not the correct decision. However, that fact did not establish negligence on the part of the presiding officer, who had valid grounds for reaching her decision.
But Mr Justice Morris said Mr Graham had gone to significant trouble before the election in checking to ensure his name appeared on the electors' list. He was deprived of his right to vote and took up the matter with Dail representatives and the Department of the Environment, but got no satisfaction.
He was driven to have recourse to the courts.