Senator Joe Costello of the Labour Party was yesterday refused a High Court injunction which would have prevented An Post from continuing to mark post with a pro-Fianna Fáil slogan pending the outcome of legal proceedings.
However, Mr Justice O'Sullivan ordered An Post to provide Mr Costello, who is standing for election in Dublin Central, with a franking machine so that none of his outgoing post would bear the Fianna Fáil slogan.
Under a contract extending from March 1st last until May 31st, most post carries an advertising stamp with the words: "Fianna Fáil, The Republican Party - A Lot Done - More to Do".
This is as a result of Fianna Fáil entering into a contract with An Post for the use of its Post Mark Advertising Service, which An Post says is available to all political parties, including the Labour Party.
During the two-day injunction hearing An Post said that Mr Costello, if he wished to avoid the Fianna Fáil slogan on his post, could avail of a franking machine since franked letters did not carry any post-mark advertising.
In advance of the hearing of the full action, Mr Costello had sought the injunction to restrain An Post from attaching any political slogan to postal packets sent by members of the public.
His application was resisted by Fianna Fáil and An Post which was joined by Fianna Fáil as a notice party in the proceedings.
Yesterday Mr Justice O'Sullivan, rejecting suggestions of delay by Mr Costello in bringing the proceedings, found he had an arguable case. He noted that Mr Costello had come before the court only as an individual citizen and not in a representative capacity.
However, the judge found the balance of convenience lay against granting the injunction.
He said a franking machine should be made available to the senator to ensure all his outgoing mail was not marked with the FF slogan.
Any costs in hiring this machine or any extra costs could be postponed to the hearing of the action between the parties.
Mr Brian McGovern SC, for An Post, undertook to make the machine available forthwith, with all charges associated with it deferred pending the trial.