No hearing of appeal against High Court byelection finding until new year

THE GOVERNMENT’S Supreme Court appeal against the High Court finding of its “inordinate delay” in moving the writ for the Donegal South West byelection will not be heard until the new year.

Sinn Féin TD Pearse Doherty, who succeeded in his High Court challenge to the byelection delay and subsequently won the byelection, has brought a motion to have the Government’s appeal against the High Court ruling dismissed.

Mr Doherty argues the appeal is moot (pointless) on two grounds – the byelection was held on November 25th and the Government had itself argued in the High Court case his challenge was moot as it intended to call that byelection within months.

No date for hearing either the appeal or the motion has been fixed. When the matters were mentioned before the Chief Justice, Mr Justice John Murray, at the Supreme Court yesterday, lawyers for all sides accepted there would be no hearing before the next law term opened in January.

Maurice Collins SC, for the Government, said the appeal was not quite ready for hearing and Mr Doherty’s legal submissions had been a bit late. Mr Doherty also had a motion to strike out the appeal and have it dismissed and affidavits had been exchanged.

Richard Humphreys SC, for Mr Doherty, said he was contending the State did not have authority from Dáil Éireann, a notice party in the case, to make submissions in relation to the rights of the Dáil.

Conleth Bradley SC said he was representing the Dáil but no relief was being sought against it. He wished to see the submissions from the various sides before considering whether submissions should be made for the Dáil.

Mr Justice Murray said the issues relating to the Dáil were not before the court at this time. He said as the need for priority for the appeal “had been diluted”, the appeal would not be heard this court term and the sides should continue to exchange the necessary legal documents in the proceedings.

Because of the Government’s appeal against the High Court decision upholding Mr Doherty’s challenge, another challenge by two Fine Gael politicians over delays in holding the Dublin South and Waterford byelections has been deferred to January 17th.