An action by former politician Ivor Callely aimed at overturning the Minister for Justice's refusal to grant him temporary release from prison has been adjourned for a week. Callely is on bail on his own bond of €100 pending the outcome of his High Court case.
The case was adjourned after the State objected to what it described as “scandalous allegations” in a sworn statement by Callely being put before the court. Callely’s lawyer denied the document contained any “scandalous” material.
Callely was jailed for five-months last July after admitting he fraudulently claimed €4,207.45 expenses from the Oireachtas on forged mobile phone invoices.
The former Fianna Fáil TD and senator brought judicial review proceedings last November against the Minister for Justice and the governor of Wheatfield Prison over refusals to grant him either temporary release or enhanced remission.
Callely has been on bail pending the outcome of his challenge since November. He argues that Minister for Justice Frances Fitzgerald’s refusal of temporary release or extra remission is unfair and claims he is not being treated the same as other prisoners, some of whom have committed more serious crimes.
The former politician says that the refusals fly in the face of reason and common sense.
Callely wants orders quashing the refusal of temporary release or one-third remission. His team says he has fulfilled all the prescribed requirements for temporary release.
Callely also claims he is entitled to early release for good behaviour and engaging in structured activities within the prison.
‘High profile’
Callely said that he has been told by staff at Wheatfield Prison that he should not be in prison and was only being kept there because of his high profile.
The State denies the claims.
The case was due to be heard by the President of the High Court, Mr Justice Nicholas Kearns, who was told by John Aylmer SC, for the State, it had a preliminary objection to parts of a lengthy sworn statement recently received from Callely being included in the proceedings.
While no details of the contents of the affidavit were outlined, Mr Aylmer said sections of it contained “scandalous allegations” based on “hearsay”.
Counsel said the parties had agreed the disputed sections should not be read into the court record when the hearing formally commences and should be disregarded by the court.
Kieran Kelly BL, for Callely, said his side did not accept the sections were “scandalous”.
After expressing doubt that the court could simply disregard or redact sections of a sworn statement, the judge adjourned the case for a week to allow a new affidavit to be sworn, which should be replied to before the hearing.