High Court decision in favour of Ivor Callelly overturned by Supreme Court
Published 09/04/2014 | 11:43
A SEANAD committee has won an appeal against a High Court finding in favour of former Senator Ivor Callelly over his expenses.
A seven-judge Supreme Court, in a 4-3 decision, ruled the Seanad Committee on Members' Interests was correct and entitled to conclude Mr Callelly had misrepresented his normal place of residence when claiming expenses.
The appeal arose out of a January 2011 High Court finding that there had been a breach of fair procedures when the Seanad Committee decided in July 2010 that he had misrepresented his place of residence as west Cork when dealing with his expenses.
He had been suspended for 20 days with consequent loss of pay of nearly €17,000.
Today, the Supreme Court allowed the appeal and set aside the High Court decision
Mr Callelly, who was in court, said he needed "to digest" the six separate judgments before he would be responding.
Mr Justice Donal O'Donnell and Mr Justice Frank Clarke delivered the majority judgment with which Chief Justice Susan Denham, and Mr Justice Nial Fennelly agreed.
Mr Justice John Murray, Mr Justice William McKechnie and Mr Justice Adrian Hardiman gave separate dissenting judgments.
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