Richie Crehan, a nominee who couldn’t secure a local council seat in Co Limerick, has been granted authorisation by a judge to initiate a scrutiny process examining votes given to an individual termed as a “phantom candidate.” The potential fallout of this litigation Crehan is bringing under the Local Election Act could result in him asking a court to annul the election outcome in the designated area and/or call for the recount of all votes.
Co-defendants include the Limerick City and County Council and the Director of Public Prosecutions, with all other contestants for the local election, 10 in all, listed as notice parties. Mr Crehan, residing at Morrissey’s Cross, Skule, Fedamore, lodged a petition at the Circuit Civil Court in Limerick, seeking permission to launch a process where he could check several votes cast for an unaffiliated candidate in the Adare-Rathkeale area, Robert Daly.
During the counting process on the 8th of June at Patrickswell Racecourse, counsel for Crehan, Emmet O’Brien BL, brought to the attention of the Judge Colin Daly, that Daly secured 65 votes, but an unusually high fraction, around 40%, was marked as void.
O’Brien explained that his client finished closely behind another candidate, Ger Ward, for a council spot by 44 votes. Having addressed his concerns about Daly’s votes to the returning officer and local authority and received no satisfactory recourse, Crehan decided to take legal action.
O’Brien’s argument laid out suspicions of possible vote duplication, and he stressed that Crehan aims to examine all of Robert Daly’s votes and the 150 votes labelled as invalid in the region. He painted a picture of Daly as a non-existent candidate, highlighting the absence of a photo on the voting slip and a non-evident campaign. He stated that he is asking the court’s authorisation to notify all parties of the impending legal action, including Robert Daly “if he actually exists.”
Judge Daly asserted that possessing a registered address is a prerequisite for any candidate hoping to participate in the election. According to Mr O’Brien, the formal address recorded for Mr Daly is registered as Stoneville, situated in Rathkeale County, Limerick, which Judge Daly has confirmed can be utilised for the serving of legal notices. It remains the discretion of each notified party, Judge Daly further clarified, whether they decide to attend the next court session, scheduled for 23rd July.