State ordered to pay legal costs for Ivor Callely case

The State must pay former politician Ivor Callely's legal costs of his successful High Court challenge over the Minister for Justice's refusal to grant him enhanced remission from a jail sentence imposed for fraudulently claiming Oireachtas expenses.

Mr Justice Anthony Barr earlier this month quashed, and referred for reconsideration, the refusal of enhanced remission.

The judge said it appeared the Minister had failed to take all relevant matters into account, as she is obliged to do, when arriving at her decision.

The former Fianna Fáil junior minister was unsuccessful in his challenge to the Minister's refusal to grant him temporary release. The Minister had discretion in that matter, exercised it in a reasonable manner and Mr Callely had not established the refusal of temporary release was "capricious, arbitrary or unjust".

When the matter returned before him on Friday, Mr Justice Barr said Mr Callely was entitled to his legal costs against the State.

Kieran Kelly BL, for Mr Callely, had sought costs of the three day case. Counsel opposed arguments on behalf of the State parties the court should set off any costs order against the fact Mr Callely had not won all aspects of his case.

Mr Kelly said it would not be fair to impose a “haircut” on give the costs orders.

Awarding Mr Callely his costs, the judge said the action was “relatively brief” and it would be difficult to estimate how much time was spent on either of the two main issues raised on his behalf.

Ultimately, Mr Callely was successful in his action and was entitled to his costs, the judge found. Had his challenge been dismissed Mr Callely, who was in court, faced being returned to prison for six days to serve the remainder of his sentence. He had been on bail pending the outcome of the challenge.

The application for enhanced remission will now be reconsidered by an official in the Prison Services on behalf of the Minister.

The former politician brought proceedings over the refusals to grant him enhanced remission and temporary release from a five month sentence imposed last year after he admitted fraudulently claiming €4,207.45 expenses from the Oireachtas on forged mobile phone invoices.

He claimed he was entitled to one third remission of his sentence, as opposed to the normal one quarter because he demonstrated good behaviour by participating in structured prison activities, and was unlikely to re-offend.

He argued the Minister’s refusal of temporary release or extra remission was unfair and he was not being treated the same as other prisoners who have committed more serious crimes.