A division of the Ombudsman's office has referred to the Director of Public Prosecutions a case of overspending in the election of Dr Mary Upton, the successful Labour candidate in the Dublin South Central Dail by-election held last October 27th.
The Public Offices Commission said yesterday Dr Upton's election agent, Mr Niall Connolly, had broken the £17,550 expenditure limit on election expenses by £257.62.
Mr Connolly told Commission investigators the cause of the overspend was his belief that rent and insurance on a campaign office in the period prior to the writ being moved for the by-election would not be considered an election expense; that insurance costs on the office were much higher than in previous elections; and that a VAT charge had arisen in relation to a party political broadcast.
The Commission has told the DPP it does not believe Mr Connolly knowingly overspent, but it is for the DPP to decide whether it warrants action.
A Commission statement said £67,918 was spent by candidates and political parties during the by-election. Dr Upton spent £17,807, closely followed by Fianna Fail candidate, Mr Michael Mulcahy with £17,426. Fine Gael's candidate, Ms Catherine Byrne, spent £15,326. The lowest at £163 was by Natural Law Party candidate Mr John Burns.