THE High Court will today make known its decision on an application by the Attorney General to have Mr Des Hanafin's challenge to the result of the divorce referendum dismissed.
Mr Hanafin, who was chairman of the Anti Divorce Campaign, is seeking to have the result of the November 24th referendum overturned on the grounds that the Government wrongly spent public money promoting the Yes campaign.
The Attorney General, Mr Dermot Gleeson, had asked the court last Wednesday to dismiss Mr Hanafin's application. Mr Gleeson had, claimed that on any of the possible tests which the court should amply at this stage, the evidence of the plaintiff's witnesses fell notably short and the matter should not continue.
Mr Gleeson had made a previous application for dismissal on the grounds that the courts had no power to overturn the freely expressed verdict of the people. But the three judge divisional court said it was reluctant to make such an order until all the evidence had been heard and postponed its decision.
If the court rules against the Attorney General, the hearing will continue.
If, on the other hand, the court dismisses Mr Hanafin's application, he has already said he will appeal to the Supreme Court. However, the Referendum Act under which the case is being heard says the decision of the High Court is final.
It is possible under the Act for an unsuccessful plaintiff to ask the High Court to refer a point of law to the Supreme Court. But as this is the first challenge to a referendum result in the courts, there is no precedent for the High Court on whether to agree to send such an appeal to the Supreme Court.