The general election result in Cork South Central which saw independent candidate, Ms Kathy Sinnott, lose out on the last seat in the constituency by six votes has been challenged at the High Court today.
Mr John Rogers SC, acting for Ms Sinnott, said there was a "prima facie" case that one of Ms Sinnott's opponents, Minister for Health Mr Micheal Martin, had, either by accident or design, provided the Public Office Commissison (POC) with an incorrect statutory declaration of his electoral expenses.
The petition has been brought by disability campaigner Ms Sinnott and by Mr Mark Menihane, an elector with an address at Ballinrea, Carrigaline, Co Cork.
They are seeking a declaration that the Cork South Central result is void and the calling of a new election. They claim Mr Martin exceeded the electoral spending limit set under the Electoral Act 1997.
Mr Martin has denied the claims.
Mr Rogers said candidates normally apportion half their legal spending allocation to their political party central office.
Mr Martin had signed an undertaking in February 2002 stating he would assign 50 per cent of his allowance to Fianna Fáil leaving him €19,046.
However, Mr Rogers said there was "prima facie" evidence that, when Mr Martin's election expenses were returned to the POC, the amount stated to have been assigned to the party was €15,546.
The petitioners also claim Mr Martin failed to declare expenses out of public funds, including expenses arising from his having a constituency unit office in the Department of Health. Expenses and outgoings related to that office including the cost of telephones, stationery, postage and use of office equipment.
They also say claim he failed to include expenditure from public funds arising from salaries and remuneration to staff at his constitutency office, special advisers and a press officer at the Department.
The hearing before Mr Justice Kelly continues tomorrow and is expected to last several days.