Bail terms altered to allow Ivor Callely spend Christmas in Scotland

The High Court has varied the terms of former politician Ivor Callely's bail to allow him temporarily leave the jurisdiction.

Mr Callely, who was jailed for five months in July after admitting he fraudulently claimed €4,207.45 expenses from the Oireachtas on forged mobile phone invoices, wants to go to Scotland during Christmas.

Last month, the High Court granted the former Fianna Fáil junior minister, TD and Senator bail pending the outcome of his judicial review action over refusals to grant him either temporary release or enhanced remission.

Mr Callely says he is entitled to early release for good behaviour and for engaging in structured activities within the prison.

He claims he has fulfilled all the prescribed requirements for temporary release. He also alleges he has been told by staff at Wheatfield Prison he should not be in prison and is only being kept there because of his high profile.

He was remanded on bail on his own bond of €100. A condition of bail included that he not leave the jurisdiction.

Kieran Kelly BL, for Mr Callely, asked to have that condition varied as his client wished to leave the jurisdiction to travel to Northern Ireland where he has “interests”.

Mr Callely also hoped “to spend a few days in Scotland” during the Christmas period.

The State, represented by John Aylmer SC, opposed the application.

Mr Justice Kearns, noting it was accepted Mr Callely was not a flight risk, agreed to the variation of bail, but said he did not want the impression to be conveyed this was the end of the matter.

The judge said issues raised in Mr Callely’s application had been clarified in a judgment last week by Mr Justice Peter Kelly rejecting dissident republican Michael McKevitt’s claim he was entitled to one third remission of his sentence for directing terrorism.

Mr Justice Kearns said the McKevitt decision “clarified considerable uncertainties” concerning the remission issues raised and he wanted Mr Callely’s case heard sooner rather than later. He fixed it for hearing in the first week of new legal term in January.