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State claims Ivor Callely sworn statement contains "scandalous allegations"

Summary

Jailed former politician Ivor Callely's High Court action aimed at overturning the Minister for Justice's refusal to grant him temporary release has been adjourned for a week. The case was put back after the State objected to a sworn statement on behalf of Callely, containing what it claimed were 'scandalous allegations', being put before the court. Callely was jailed for five months last July after admitting he fraudulently claimed €4,207.45 in expenses from the Oireachtas on forged mobile phone invoices. Last November, the ex Fianna Fail Junior Minister, TD and Senator launched judicial review proceedings against the Minister and the Governor of Wheatfield Prison, where he had been incarcerated. His action is over refusals to grant him either temporary release or enhanced remission. He claims the Minister's decision in respect of granting him temporary release or extra remission are unfair and he is not being treated the same as other prisoners, who have committed more serious crimes. He seeks orders quashing the Minister's decision to refuse him temporary release or grant him one third remission. He says he is entitled to early release for good behaviour and for engaging in structured activities within the prison. He also seeks declarations including he has fulfilled all the prescribed requirements for temporary release. He claims 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 has been remanded on bail on his own bond of €100 since last November. The State parties deny the claims and have opposed the application. The case was due to be heard today by High Court President Mr Justice Nicholas Kearns. Mr John Aylmer SC, for the State, said as a preliminary issue it was objecting to certain parts of a lengthy sworn statement by Callely, which the State only received in recent days, being included in the proceedings. While no details of the contents of the affidavit were given in court, counsel said certain sections of the document contained 'scandalous allegations' which were based on what counsel said was 'hearsay.' These sections should be disregarded by the court, counsel said. In reply Ciaran Kelly Bl, for Callely, said his side did not accept the sections were scandalous. Mr Justice Kearns expressed doubts the court could simply disregard or redact sections of a sworn statement. He adjourned the case for a week and directed that a new affidavit be sworn. The judge said that the case 'would proceed next Friday' also directed that any new sworn statement should be delivered early next week and replied to in advance of the hearing.

Who, what, where, when and why

What: Report matter: State claims Ivor Callely sworn statement contains "scandalous allegations". Procedural stage: sentence

When:

• 2015-03-20 Publication

Why: He claims 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. CNI source report

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Stage Sentence

Read the original CNI report