The Supreme Court has rejected a plea by a Co Limerick businessman, Patrick O'Doherty, for the right to cast his vote in his home constituency.
O'Doherty, of Ballingarry, Co Limerick, who is serving a two-year jail sentence for tax offences, had earlier failed in a High Court effort to stop the Nice referendum today on the grounds that his imprisonment had disenfranchised him.
The three judges unanimously rejected his application. Ms Justice Denham said it would have severe consequences for the Prison Service which could not be ignored. Costs were awarded against O'Doherty.
The Supreme Court was told O'Doherty had narrowed his appeal to a situation where he was seeking an order directing the State to transport him to his local polling station to exercise his vote.
O'Doherty represented himself and told the three judges that the Minister for Justice could allow him to exercise his constitutional right to vote by granting him temporary release or have him escorted from Mountjoy Prison to Ballingarry in Limerick to do so.
Mr Brian O'Meara SC, for the State, said he did not know how the prison authorities, the Garda and the State would mobilise enough resources to escort every prisoner to and from a polling station.
He did not agree that it followed that if O'Doherty succeeded in his application the State would have to transport every other qualifying prisoner to the polls in order to cast his or her vote.
Mr Brian O'Moore SC, for the State, said an order stopping the Nice referendum would cause enormous disruption.