Courts / Dublin / Report

State must pay Callely's legal costs over High Court challenge

Date
2015-08-01
Stage
Charge Or Pretrial
Primary locality
Dublin
County
Dublin

Summary

Ivor Callely, a former politician, won a High Court ruling that the State must pay his legal costs for a challenge against the Minister for Justice's refusal to grant him enhanced remission and temporary release from a five‑month sentence for fraudulently claiming €4,207.45 in Oireachtas expenses. Justice Anthony Barr quashed the Minister's decision, finding the Minister had not considered all relevant matters and had exercised her discretion reasonably. Callely had argued he deserved a one‑third remission, rather than the usual one‑quarter, because of good behaviour and participation in prison activities, and that the refusal was unfair. The court held that Callely was entitled to have his costs paid, despite his earlier unsuccessful bid for temporary release. The application for enhanced remission will now be reconsidered by the Prison Services on behalf of the Minister. The State parties denied the claims and opposed the action.

Who, what, where, when and why

What: Report matter: State must pay Callely's legal costs over High Court challenge. Procedural stage: charge_or_pretrial

When:

Why: Mr Kelly opposed a submission on behalf of the State parties to set-off any costs order because Mr Callely had not been successful in obtaining some of the reliefs he had sought in the case. CNI source report

Places mentioned

Court Venue
  • High Court
Facility
  • Wheatfield Prison
Secondary Mention

Topics

Stage Charge Or Pretrial

Related court reports

Read the original CNI report

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