Senator Ivor Callely’s legal action aimed at quashing a finding that he misrepresented his normal place of residence in order to claim expenses will begin in the High Court next week.
Mr Callely is seeking orders from the court aimed at quashing the decision by the Seanad’s Select Committee of Members Interests that he intentionally misrepresented his normal place of residence as Kilcrohane, Bantry, Co Cork in order to claim allowances.
As a result of the committee’s findings, he received a 20-day suspension from the Senaid.
The President of the High Court Mr Justice Nicholas Kearns informed the parties this morning that the matter had been “given priority” and Mr Justice Iarfhlaith Ó Neill had been assigned to hear the case.
Lawyers for the senator had earlier this month sought permission to have the findings judicially reviewed by the High Court. However it was agreed to adjourn the matter to today with a view to having the case heard in early October.
The court also heard that Mr Callely’s legal team intends to bring a motion seeking the discovery of transcripts taken during a number of private sessions conducted by the committee members during the course of the hearing of the complaints against him.
Mr Callely's senior counsel, Michael O’Higgins SC, told Mr Justice Kearns that the transcripts of up to eight private sessions conducted by the committee during the course of their hearings into the allegations against his client, which may be of relevance to the action, had been sought. However in a letter the committee had refused to furnish them.
Eileen Barrington, for the committee said the transcripts from those sessions would not be provided because they are privileged.
Mr Justice Kearns said that any dispute concerning the transcripts would have to be considered by Mr Justice Ó Neill during the hearing.
The hearing, which begins on Tuesday, is expected to last for three days.
In his proceeding, Mr Callely claims that the committee erred in law in arriving at their decision and did not afford him fair procedures. As a result of the report, he claims he has been portrayed as “a rogue politician” who “ripped off the taxpayer.”
Mr Callely is seeking to have the report’s findings declared null and void. He is also seeking damages.