As the Irish Times reports
Senator Ivor Callely has won his High Court action aimed at overturning a Seanad committee’s finding that he misrepresented his normal place of residence to claim expenses.
The High Court found this morning the Seanad Select Committee of Members’ Interests breached Mr Callely’s constitutional right to natural justice and fair procedures in its decision.
An iol report quotes from the High Court ruling
Judge Iarfhlaith O’Neill found the Committee did not allow Mr Callely a reasonable opportunity to defend himself on political ethics charges.
“On the basis that the respondent failed to exercise their adjudicative function in an appropriate judicial manner by making a political judgment on the issues in the investigation, thereby breaching the applicants constitutional rights and fair procedures,” the judge ruled. [added emphasis]
“They misdirected themselves in law on the definition of normal place of residence.”
A statement by Senator Ivor Callely has been released.
Senator Callely has expressed his satisfaction with the High Court decision which clearly vindicates his position.
Senator Callely, his wife and family have suffered greatly from having been placed in the glare of media publicity with attendant adverse, unfair and defamatory comments from some sections of the media.
Senator Callely will now be reviewing his legal decisions going forward with his legal advisers and, on their advice, will not be making any further comment at this time.
And, in the circumstances, it might be worth revisiting Mick’s post on the coverage of expenses scandals…
Noting, at the same time, the role of politicians in this particular saga.