Thursday 14 December 2017

Council to pay legal bill over recount error

Dan Kiely. Photo: Collins
Dan Kiely. Photo: Collins

Tim Healy

Kerry County Council is facing a six-figure bill for the costs of former Fianna Fáil Senator Dan Kiely's successful appeal seeking a total recount of votes in the 2014 local elections for the Listowel electoral area.

Last December, the Supreme Court ordered the recount after upholding Mr Kiely's claim there was a "mistake" in the conduct of the election such as to render it unlawful.

That recount is to be held on February 10, the court heard.

Mr Kiely lost out on a seat for the Listowel district by just two votes to Fine Gael's Mike Kennelly. The delay holding the recount since it was ordered related to difficulties in finding a suitable venue, Michael McDowell SC, for Mr Kiely, said.

The court ruled the county council should pay the costs of Mr Kiely's Supreme Court appeal. However, it made no order as to the costs of his case in the Circuit Court, where the challenge began. This means both sides must pay their own costs for that court.

The Supreme Court found there was an unlawful "mistake" because votes were included with a sequence of numbers that did not start with No. one.

Irish Independent

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