Jailed former politician Ivor Callely is seeking bail pending the outcome of his legal action aimed at overturning the Minister for Justice's refusal to grant him temporary release.
The bail application will come before the President of the High Court, Mr Justice Nicholas Kearns, tomorrow.
Callely (56) was jailed for five months last July after admitting he fraudulently claimed €4,207.45 in expenses from the Oireachtas on forged mobile phone invoices.
Last month, Minister for Justice Frances Fitzgerald refused Callely's application for temporary release. The Minister said the "breach of trust and abuse of public funds by a member of the Oireachtas must be considered in the most serious terms" and that Mr Callely was not considered suitable for temporary release at this stage of his sentence.
Callely claims the Minister’s decision is unfair and he is not being treated the same as other prisoners, some of whom have committed more serious crimes. He alleges the Minister has been unfairly influenced by his high profile and the prospect of adverse public reaction to the early release of a former politician.
Last week, he secured permission from the High Court to bring judicial review proceedings against the Minister and the governor of Wheatfield Prison, challenging the refusal of temporary release.
He claims he has fulfilled all prerequisites for temporary release and that he has been told by staff at Wheatfield he is being kept in jail because of his profile.