A Leitrim man was yesterday convicted of personation in last year's General Election. Mr Michael McTague (28), of Main Street, Ballinamore, was convicted of committing the offence on election day, May 17th, 2002, at Clogher Community Centre, Clogher, Ballinamore.
Judge David Maughan said at Ballinamore District Court it was a "serious offence which undermines the whole essence of democracy".
McTague pleaded not guilty to applying or attempting to apply for a ballot paper on two separate occasions in the same Dáil election.
The State argued McTague had applied for and received a ballot paper at Ballinamore National School, and then applied for and received a second ballot paper three miles away at Clogher Community Centre.
Ms Maura McNally BL, for the Leitrim State Solicitor, said McTague was listed on two electoral registers, but this was not illegal. The offence was attempting to or actually applying for a ballot paper at more than one polling station for the same election.
Ms Annette Martin, who was the polling officer at Ballinamore National School, told the court she recalled McTague producing his polling card and her striking his name off the register.
She had known McTague for 20 years and pointed him out in court.
Mr Thomas Gilheaney, who was the presiding officer at the school, gave evidence that he also recalled McTague enter the polling station. He handed him a franked ballot paper, saw him go into and exit the polling booth and then put a white paper in the ballot box. "As best as he could remember" it was about 3 p.m.
Both the polling clerk, Ms Ita Murphy, and the presiding officer, Mr John Thomas Prior, at Clogher Community Centre polling station said they recalled McTague entering the polling station, presenting his polling card and receiving a ballot paper.
Garda Shane Heslin, who was on duty at the Clogher polling station, said he witnessed McTague enter the polling station at 2.22 p.m. He immediately called his colleague Garda Joe Feely, who was on duty at the Ballinamore polling station, to ascertain whether McTague had already presented himself for, and received a ballot paper.
On finding that McTague had successfully applied for a ballot paper in Ballinamore, Garda Heslin proceeded with an investigation which led to McTague being charged.
Defending solicitor, Mr Owen Carty, said the summons against McTague stated the offence took place at Clogher, yet the State's evidence showed that McTague had obtained his ballot paper at Clogher at 2.22 p.m. while it was contended he obtained a second ballot at Ballinamore at 3 p.m. Mr Carty contended that if his client obtained a ballot paper in Clogher first then it was legal and McTague couldn't be prosecuted.
"This case rests on where Mr McTague voted first. If we voted in Clogher first, as the State has shown, then the summons must fall.
"Time is crucial in this matter, and goes to the essence of it. The defendant must be given the benefit of the doubt."
Ms McNally said the State's case was that McTague was charged with applying for a ballot paper twice.
Judge David Maughan fined McTague €800 "in light of it being a first offence."