Courts / Dublin / Report
State must pay Callely's legal costs over High Court challenge
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:
- 2015-08-01 Publication
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
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