FIANNA FÁIL Senator Terry Leyden has been ordered by the Seanad to withdraw a claim that the Director of Public Prosecutions, James Hamilton, is "persecuting" a councillor acquitted last year of theft and misappropriation of funds.
The DPP has decided to re-enter the charges against former Fianna Fáil and now independent councillor Michael "The Stroke" Fahy, who served seven months in Castlerea Prison before his release.
Speaking in the Seanad on January 30th, Senator Leyden strongly criticised Mr Hamilton: "Now, the DPP has decided to re-enter a case against him. This is not prosecution, it is persecution of a man doing his duty - he brought his mother home for Christmas from a welfare home.
"The DPP has decided it was a mistrial, irrespective of the decision by Mr Justice Finnegan, Mr Justice Feeney and Ms Justice Irvine that the case was to be thrown out," said Senator Leyden.
"In the circumstances, I ask the Director of Public Prosecutions, Mr Hamilton, why he has re-entered this case when there are so many cases to be heard before our courts. It is a waste of public funds and the matter should be left aside. This man has suffered enough. I ask the DPP to reconsider his decision."
The DPP sent a strongly-worded letter to the Cathaoirleach of the Seanad, Senator Patrick Moylan, who has clashed a number of times in the chamber with Senator Leyden. The issue was considered this week by the Seanad's Committee on Procedures and Privileges and it has decided that Mr Leyden must withdraw the allegation in the Seanad chamber.
Cllr Fahy was sentenced to 12 months' imprisonment and fined €75,000 after he was found guilty at Galway Circuit Criminal Court of misappropriating county council funds and attempted theft.
The committee wrote to Mr Leyden, informing him of the decision, though it is unlikely that he will be prepared to comply.
Judging by a letter published in newspapers last month, Senator Leyden is believed to feel that his case bears similarities with Bertie Ahern's refusal to be questioned by the Mahon tribunal on comments he made in the Dáil.
He wrote: "I support the Taoiseach's moves to uphold the parliamentary privilege from which members of the Oireachtas benefit in their capacity as public representatives. We have a duty in the Oireachtas to fight for ... those whom we represent. Protection of our utterances in the House allows us to undertake this duty when other avenues are simply not open to us. We must defend this basic protection, a standard feature of all true parliamentary democracies. I have used, and will continue to use, this privilege in the public interest, without fear or favour and in a responsible manner, and I consider it my duty not to be silenced by forces outside the Houses of the Oireachtas."
