Kelly may contest Fox seat in court

De­cem­ber 2002

Bray People - - NEWS -

CLLR Nicky Kelly and Deputy Mil­dred Fox could find them­selves in a court bat­tle for the fi­nal seat in the Wick­low con­stituency.

After be­ing in­volved in a marathon elec­tion count six months ago, Cllr Nicky Kelly is con­sid­er­ing a court chal­lenge to the de­clared re­sult which saw him lose out by a hand­ful of votes to the out­go­ing in­de­pen­dent TD.

The prospect loomed at the week­end fol­low­ing a Supreme Court decision on the com­pi­la­tion of elec­tion ex­penses for out­go­ing TDs.

Should a sit­ting politi­cian find that he or she has over­spent on the elec­tion fol­low­ing the in­clu­sion of the cost of Oireach­tas fa­cil­i­ties, that would leave the door open to an un­suc­cess­ful can­di­date to pe­ti­tion the High Court to have the elec­tion re­sult over­turned in that con­stituency.

TDs still have three weeks to sub­mit their fi­nal re­turns on Gen­eral Elec­tion ex­penses, and Cllr Nicky Kelly is watch­ing de­vel­op­ments with ‘great in­ter­est’ on the light of the High Court and Supreme Court de­ci­sions.

How­ever, Deputy Fox says she has noth­ing to fear from any le­gal chal­lenge to her Dail seat.

She said this week that her elec­tion ex­penses even in­cluded the use of Oireach­tas fa­cil­i­ties fell ‘well un­der’ the ex­penses limit.

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