FF likely to pay Minister's costs in poll case

Fianna Fáil is expected to pay the legal bill of the Minister for Health, Mr Martin, arising from the unsuccessful court challenge…

Fianna Fáil is expected to pay the legal bill of the Minister for Health, Mr Martin, arising from the unsuccessful court challenge to the 2002 General Election result in Cork South Central.

A spokeswoman for the Minister said last night that Mr Martin and the Fianna Fáil party had yet formally to receive a copy of yesterday's High Court judgment rejecting the applications from Mr Martin and disability rights campaigner Ms Kathy Sinnott for contributions from the State to the cost of her challenge to the result.

Ms Sinnott, who narrowly failed to win a seat in the constituency where Fianna Fáil retained three seats, had challenged the result on the basis that Mr Martin had spent beyond the legal limit. Total costs of that failed action, on which judgment was given late last year, were estimated at €500,000 if the various legal teams sought their full costs.

Had Ms Sinnott won the case it was open to the court to order the holding of another election in which she would have been a candidate. Fianna Fáil would then have been faced with the necessity to defend its three seats.

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The overspending arose after the High Court decided on the eve of the 2002 election that the use of State facilities such as Oireachtas and Ministerial offices and printing facilities should have a value attached to them which should be added to the total spending of each candidate. This pushed a small number of outgoing Oireachtas members above the legal limit.

When the case was before the court in January, it was stated that Mr Martin would not be seeking his costs against Ms Sinnott.

Instead, both parties unsuccessfully sought a State contribution, arguing that the case involved issues of significant public interest. Other parties to the case, including Mr Dan Boyle of the Green Party - a successful candidate - sought contributions towards costs.

Following yesterday's decision, Ms Sinnott said that while she was disappointed with it, she had no idea what her legal bill would be. "We have to do all the figures."

While Mr Martin's spokeswoman declined to comment in detail last night, it was learned that the Fianna Fáil party sees the case as one taken against the party itself rather than Mr Martin as an individual. The party is, therefore, likely to pay any legal bill.