Disability campaigner Ms Kathy Sinnott has failed to demonstrate the Minister for Health, Mr Martin, overspent on his electoral expenses during campaigning.
Ms Sinnott - who lost the 2002 election by six seats after a recount - had brought a petition, along with Mr Mark Menihane, an elector in Cork South Central, to the High Court challenging the result of the general election in Cork South Central in May 2002 where Mr Martin topped the poll.
They wanted a declaration that the Cork South Central result was void and a fresh election to be called.
They claimed Mr Martin did not declare all of his electoral expenses when making the required statutory declaration of those expenses and that if he had, he would have exceeded the limit set under the Electoral Act 1997. The limit a candidate can spend on electoral expenses in a five-seat constituency such as Cork South Central is €38,092.
Last week the court heard from Mr Paul Gallagher SC, counsel for Mr Martin, that the Minister's total spend was €27,038, almost €11,000 below the limit.
Mr Justice Peter Kelly, in an oral judgement delivered this afternoon, said Ms Sinnott had failed to demonstrate that the Minister had overspent on his electoral expenses during the election.
A detailed and written judgement will be given by Mr Justice Kelly at a later stage. He said he had a number of findings of fact to make.
The judge was to hear a similar petition tomorrow, where defeated Labour candidate Mr Nicky Kelly was challenging the election result in Wicklow on the basis of an alleged overspend by Fianna Fáil TD Mr Joe Jacob. However, Mr Kelly is to withdraw the challenge based on the outcome of the Sinnot case.