Referendum application to come before Court of Appeal

An application for a stay restraining the issuing of a certificate verifying the result of the same sex marriage referendum is expected to be made before the Court of Appeal this afternoon.

This morning, the High Court refused an injunction in those terms.

The injunction was sought pending the outcome of appeals against court orders made last week refusing leave to two men, Gerry Walshe and Maurice J Lyons, to bring petitions challenging the May 22nd referendum result.

The President of the High Court, Mr Justice Nicholas Kearns, today refused an application for an injunction made by Mr Walshe, an electrician of Lisdeen, Co Clare, pending the outcome of Mr Walshe’s appeal against the judge’s refusal to grant leave to him to bring a petition.

The judge was told it was expected a similar application is to be made by Mr Lyons later today.

The judge said the provisions of the Referendum Act 1994 meant that he no longer had any function in this matter as he had refused leave for a petition.

Richard Humphrey SC, for the State, said its concern was to have the matter addressed as soon as possible and it would facilitate whatever was necessary to have the appeal speedily determined.

The court heard the court orders necessary for any appeal to be brought had been finalised.

In those circumstances, it is expected both Mr Walshe and Mr Lyons, a gardener with an address at Callan, Co Kilkenny, will apply to the Court of Appeal later in connection with their appeals and will also seek a stay on the referendum certificate being issued pending appeal.

Earlier, Mr Walshe told the judge he believed he had been prejudiced as a lay litigant by not being granted an adjournment of his application for a petition last week to allow him time to study documents from the State.

Mr Walsh also told the judge he wanted his injunction application heard ex parte (one side only) but the judge said this was inter partes litigation and the matter could not be heard ex parte.