A HIGH Court judge has awarded Senator Ivor Callely his entire legal costs and the court has also confirmed he will receive some €17,000 for loss of earnings arising from his 20-day suspension from the Seanad.
Mr Justice Iarfhlaith O’Neill, who last month upheld Mr Callely’s challenge to the Seanad committee’s findings concerning his expenses claims, said yesterday there had been a “grievous and egregious” breach of his constitutional rights which did “untold damage” to him.
Michael O’Higgins SC, for Mr Callely, said such were the unpleasant and catastrophic consequences of the committee’s finding that a “level of vitriol descended on him”, including a snake once being put in the porch of his home.
When attending his son’s graduation from Trinity College Dublin, Mr Callely had also had to leave early “such was the level of snide comments” to which he was subjected, Mr O’Higgins said.
His reputation further suffered at the hands of various media outlets who felt “emboldened” by the finding of the Seanad Committee on Members Interests that Mr Callely had misrepresented his place of residence as west Cork, for the purposes of expenses, Mr O’Higgins said.
That finding was overturned on January 14th by Mr Justice O’Neill, who ruled Mr Callely was in compliance with the applicable definition of “normal place of residence” when he made his expenses claim. The committee and the Seanad had misdirected themselves, in law, on this definition, he found.
Mr Justice O’Neill also found they had breached fair procedures in failing to afford the Senator a reasonable opportunity to defend himself on a charge of breach of political ethics.
The committee’s decision, later confirmed by the Seanad, censured Mr Callely by suspending him for 20 days with consequent loss of pay of nearly €17,000.
The case was back before Mr Justice O’Neill to deal with costs and ancillary orders. The court heard there was a dispute between lawyers for Mr Callely and the Seanad over whether he was entitled to damages over damage to his good name.
Conleth Bradley SC, for the Seanad, said he was “gobsmacked” that such a claim was made; as far as he was aware the only claim had been for loss of earnings. Mr O’Higgins said that while he was seeking payment for the 20 days his client had been suspended – totalling €16,948 – he was also asking the court to take into account the damage caused to his good name.
Mr Justice O’Neill said the judicial review proceedings had not included a claim for damages and in fact it was rare that they would.
Following talks, the judge was told an agreed order had been drawn up that the committee’s findings should be quashed and that he was entitled to be paid for the 20 days he had been suspended.
Afterwards Mr Callely said: “I had to take extraordinary steps to deal with an extraordinary situation . . . And I’ve been cleared 100 per cent and it’s absolutely brilliant so I’m delighted.”