A Co Limerick local election candidate who failed to win a council seat has been given permission by a judge to begin proceedings to look at votes cast for a person described as a “phantom candidate”.
The case being brought by Richie Crehan under the Local Elections Act could ultimately lead to him requesting a court order quashing the result of the election in that area and/or a recount of all votes cast.
The defendants in the proceedings are Limerick City and County Council and the Director of Public Prosecutions, while all 10 other local election candidates for the area are named as notice parties.
Mr Crehan, of Morrissey’s Cross, Skule, Fedamore, petitioned the Circuit Civil Court in Limerick on Tuesday for leave to begin proceedings to be allowed view a number of votes cast for non-party candidate in the Adare-Rathkeale area named Robert Daly.
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Emmet O’Brien BL, for Mr Crehan, told Judge Colin Daly that during the election count on June 8th last at the Patrickswell Racecourse, it emerged that Robert Daly had received 65 votes but an unusually large proportion (some 40 per cent) were deemed invalid.
Mr O’Brien said his client was “pipped at the last count” by another candidate, Ger Ward, for a council seat by 44 votes. He said Mr Crehan, who ran as an Independent, had made representations to the returning officer and local authority concerning Robert Daly’s votes but after exhausting those avenues, he had decided to petition the court.
“There is a suspicion and concern that there may or may not have been duplication,” he said, outlining that Mr Crehan wants to inspect Robert Daly’s votes and all 150 votes deemed invalid across the area.
Mr O’Brien described Robert Daly as a “phantom candidate”, who he said “had no picture on the ballot paper”, no posters or visible campaign. He said he was seeking the court’s leave to put all parties on notice of the proceedings, including Robert Daly “if he exists”.
Judge Daly said that it would be essential for the candidate to have an address on the record if he stood in the election. Mr O’Brien said the official recorded address for Mr Daly is Stoneville, Rathkeale County Limerick and the judge said it is allowed that legal notice be served on him using that address.
Whether any party put on notice should turn up at the next court date on July 23rd “is entirely a matter for themselves”, the judge added.
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