Senator Ivor Callely has been wrongly portrayed as a thief, his lawyers claimed today.
The High Court was told the former Fianna Fáil minister of state has suffered disastrous consequences since an inquiry into his expenses and subsequent 20-day Seanad ban.
The Senator is seeking orders from the court aimed at quashing the Seanad’s Select Committee of Members’ Interests decision that Mr Callely had intentionally misrepresented his normal place of residence as Kilcrohane, Bantry, Co Cork, in order to claim allowances.
Michael O’Higgins, for Mr Callely, said the investigation found Mr Callely had committed an unethical act deserving punishment but nothing dishonest.
Mr Callely is suing the committee for loss of earnings after they barred him from taking his seat.
Mr O’Higgins told the court the publicity around the inquiry was used as “a plinth to launch one of the most vitriolic attacks ever seen on a politician”.
He said it was wrong of the committee to convey the impression that Mr Callely had intentionally misrepresented his normal place of residence when lodging expense claims.
He maintained this was reported “as an example of a politician in effect stealing from the system” and followed with a huge clamour for Mr Callely to be brought to a criminal court and indicted for his dishonesty.
Mr Callely, whose political base was Clontarf, north Dublin, claimed over €80,000 for travel from his holiday home in Kilcrohane, west Cork, over three years.
Mr O’Higgins said his client - who was not in court - had not been allowed to appeal against the findings of the inquiry while it was covered by privilege and could be reported in the media.
“The consequences of that determination for my client is disastrous,” he added.
However, Mr O’Higgins claimed the committee had since seemed to accept that Mr Callely complied with the rules for claiming expenses and made no findings that he had done anything dishonest or underhand.
Counsel for the Seanad Committee is due to give his opening address to Mr Justice Iarfhlaith Ó Neill tomorrow. Conleth Bradley is expected to argue that the High Court does not have jurisdiction to interfere with the findings of an Oireachtas committee.
The members of the committee are Senators Pat Moylan (FF), who is also Cathaoirleach of the Seanad, Camillus Glynn (FF), Denis O’Donovan (FF), Joe O’Toole (Independent), Alex White (Labour), Frances Fitzgerald (Fine Gael) and Dan Boyle (Green Party).
Mr Callely resigned from Fianna Fáil last month after claiming he had been denied fair procedure in an internal investigation.