The Government has consented to an order to pay the costs of Sinn Féin’s Pearse Doherty in opposing its appeal against his successful legal challenge to the delay in moving the writ for the Donegal South West byelection.
The Government had recently told the Supreme Court it was not proceeding with its appeal to that court against the High Court finding of “inordinate delay” by it in moving the writ for the byelection and the matter came before the Supreme Court yesterday to address the issue of costs of the appeal.
Mr Doherty was previously awarded his costs in the High Court.
Richard Humphreys SC, for Mr Doherty, said the matter could be dealt with on consent with an order striking out the appeal plus an order for Mr Doherty’s costs in the Supreme Court being made against the Government of Ireland, to be taxed in default of agreement.
Douglas Clarke SC, for the State, indicated consent to that order which was then made by the Chief Justice, Ms Justice Susan Denham, sitting with Mr Justice Nial Fennelly and Mr Justice Donal O’Donnell.
Mr Doherty, who won the byelection, had brought a motion to have the then government’s appeal against the High Court ruling dismissed on grounds it was moot.
Mr Doherty argued the appeal was moot on two grounds the byelection was held on November 25th last and the government had itself argued in the High Court case that his challenge was moot as the government intended to call the Donegal South West byelection within months.
