Independent Galway county councillor Michael "Stroke" Fahy will be free to resume his duties as a councillor, following his release from prison, Galway County Council has said.
County secretary Tony Murphy said the council had no comment to make in relation to the former Fianna Fáil councillor's situation. Mr Fahy had never been removed from the council.
Mr Fahy was released on bail yesterday after the Court of Criminal Appeal ordered a retrial in the case of his conviction for fraud and theft in relation to the misappropriation of local authority funds. He was sentenced last March to a year in prison and fined €75,000 when found guilty of seven charges.
The council did have the power to disqualify him from the council following his conviction under the provisions of the 2001 Local Government Act.
The Act states that a councillor is deemed to have resigned if he or she fails to attend local authority meetings for a continuous six-month period. However, last September Mr Fahy's fellow councillors voted unanimously to allow him to retain his seat.
Mr Fahy made the request, asking his colleagues to accept that his absence from meetings was due to "illness and his attendance in Dublin".
His next opportunity to attend a council meeting arises on December 3rd. It is not known whether he plans to attend.
