Court to rule next week on Hanafin appeal

JUDGMENT will given by the Supreme Court next Wednesday on the challenge by the former senator Mr Des Hanafin to the result of…

JUDGMENT will given by the Supreme Court next Wednesday on the challenge by the former senator Mr Des Hanafin to the result of last November's divorce referendum.

The five judge Supreme Court heard an appeal for four days last month by Mr Hanafin against the High Court's dismissal of his challenge.

He claims the result of the poll should be overturned, and a new referendum declared. The poll in November came out narrowly in favour of allowing divorce.

Mr Hanafin claims the Government wrongly spent public funds promoting a Yes vote in the referendum.

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On February 29th last, three judges of the divisional court of the High Court rejected his challenge, on the grounds that the evidence did not establish that the Government's advertising campaign materially affected the outcome.

The petition was rejected by the High Court on the application of the Attorney General, Mr Dermot Gleeson SC, who applied for its dismissal after Mr Hanafin's witnesses finished giving evidence on the 11th day of the hearing.

The Supreme Court can either order a new referendum or refer the case back to the High Court for a full hearing, which would include the State's evidence.

The five judges of the Supreme Court who will be giving judgment are the Chief Justice, Mr Justice Hamilton, Mr Justice O'Flaherty, Mr Justice Blayney, Mrs Justice Denham and Mr Justice Barrington.