• Due to a glitch in the old vBulletin software, some users were "banned" when they tried to change their passwords at the end of February. This does not apply after the site was converted to Xenforo. If you were affected by this, please us viua the Contact us link in the footer.

Can Sinn féin's Pearse Doherty win his by-election court case .


taurus

Well-known member
Joined
Apr 23, 2009
Messages
339
Sinn féins Pearse Doherty's court challange continues tommorrow at the high court. Its absolutly crazy that the Gov. is actually fighting this case. For a gov to actually argue that they are too busy to hold elections says a lot for the state we are in. Good luck to him, and he's in for some cudos if he does win. !
 


CarnivalOfAction

Well-known member
Joined
Jun 15, 2010
Messages
16,545
Sinn féins Pearse Doherty's court challange continues tommorrow at the high court. Its absolutly crazy that the Gov. is actually fighting this case. For a gov to actually argue that they are too busy to hold elections says a lot for the state we are in. Good luck to him, and he's in for some cudos if he does win. !
Can't see him winning; legal establishment is way too conservative. Fair dues for trying tho'
 

biteback

Active member
Joined
Jan 26, 2007
Messages
111
I think it would be great if he did, however I can't see it happening. As has been said before the courts are rather conservative, especially with regard to the constitution.
 

cogol

Well-known member
Joined
Apr 1, 2010
Messages
314
It's unconstitutional not to hold the elections
But then FF will argue that it would be unconstitutional to 'waste' time and public money on such an election.
 

FreshStart

Well-known member
Joined
Sep 26, 2010
Messages
705
No, but he can win the by-election.

I spend quite a bit of time in this constituency and I think Pearse Doherty has a chance to win here. There's talk that Pat The Cope may be brought back from Europe to run for his old seat again but I still think Doherty can take it. However, I would encourage Labour and Fine Gael to forget about this place and leave the battle to Sinn Fein. FF would be quite strong here so splitting the protest could defeat all parties.
 

justme1

Well-known member
Joined
Oct 4, 2010
Messages
597
Would anyone have any idea how much it will cost the Gov defending this case?
 

FreshStart

Well-known member
Joined
Sep 26, 2010
Messages
705
Also, I have no desire to muckrake here but Pat The Cope is not without controversy. This is on wikipedia;

Gallagher's wife, Ann Gillespie, and her sister, Eibhlin, both served almost 10 years of a 15-year sentence for conspiracy and explosive charges. In 1974 the sisters were visiting a house in Manchester when a bomb being made there exploded.[7]

Gillespie maintains her innocence, saying police used evidence from discredited scientist Frank Skuse, but does not wish to reopen the case. In 2005 Gillespie's solicitor, Gareth Peirce stated she believed that the case could have been successfully re-opened.

[ame="http://en.wikipedia.org/wiki/Pat_%22the_Cope%22_Gallagher"]Pat "the Cope" Gallagher - Wikipedia, the free encyclopedia@@AMEPARAM@@/wiki/File:Flag_of_Ireland.svg" class="image"><img alt="Flag of Ireland.svg" src="http://upload.wikimedia.org/wikipedia/commons/thumb/4/45/Flag_of_Ireland.svg/70px-Flag_of_Ireland.svg.png"@@AMEPARAM@@commons/thumb/4/45/Flag_of_Ireland.svg/70px-Flag_of_Ireland.svg.png[/ame]

Sinn Fein's militant past isn't a problem in this constituency after all.
 

ONQ

Well-known member
Joined
May 27, 2009
Messages
476
Also, I have no desire to muckrake here but Pat The Cope is not without controversy. This is on wikipedia;

Gallagher's wife, Ann Gillespie, and her sister, Eibhlin, both served almost 10 years of a 15-year sentence for conspiracy and explosive charges. In 1974 the sisters were visiting a house in Manchester when a bomb being made there exploded.[7]

Gillespie maintains her innocence, saying police used evidence from discredited scientist Frank Skuse, but does not wish to reopen the case. In 2005 Gillespie's solicitor, Gareth Peirce stated she believed that the case could have been successfully re-opened.

Pat "the Cope" Gallagher - Wikipedia, the free encyclopedia

Sinn Fein's militant past isn't a problem in this constituency after all.
First time I've heared of someone being tried in law for having poor timing.
 

FreshStart

Well-known member
Joined
Sep 26, 2010
Messages
705
No, I'm rmerely pointing out that FF often challenged SF for their militant history and this works well in urban areas. This is why I think Doherty can win.
 

TonyB

Well-known member
Joined
Sep 29, 2009
Messages
802
Twitter
technopolitics
It's unconstitutional not to hold the elections
But then FF will argue that it would be unconstitutional to 'waste' time and public money on such an election.
There's no time set within which the elections should be held. However, not holding the elections (at all) is clearly unconstitutional. This case should create new law. Either a) the government has the leeway to postpone the election until the next general election, and this point is clarified - which by inference is the line the government is currently taking, b) there is a 'test' that needs to be created and satisfied (courts love to create 'tests') or c) the court can find a technical reason not to rule.

I suspect that the court will shy away from c) if they suspect they are creating a vaccuum in law - and, by extension, politics - and will only go there if they have no choice. This is minimum controversy for the government and their lawyers would probably try and drive to this one. a) is a possibility, though it seems unintended by the framers. b) is fun...lawyers / judges love this stuff. And it's probably necessary. But given the serious times we find ourselves in, I dunno...

All in all, the government will probably short circuit this whole thing by announcing something before it's taken out of their hands. I thnk it may still, however, get referred to the SC at some point.
 

tullahogue

Active member
Joined
Aug 25, 2010
Messages
285
My 11 year old son and I are climbing Errigal Mountain in Donegal tomorrow along with dozens of others to help raise funds for the legal case. Looking forward to it.
 

bogtrotter

Well-known member
Joined
May 30, 2007
Messages
3,417
My 11 year old son and I are climbing Errigal Mountain in Donegal tomorrow along with dozens of others to help raise funds for the legal case. Looking forward to it.

Well done and hope you raise enough funds to fight this case as FF are well funded by the bankers and developers and their former galway tent friends........
 

DuineEile

Well-known member
Joined
Aug 29, 2010
Messages
14,939
Can't see him winning; legal establishment is way too conservative. Fair dues for trying tho'
Courts are pretty keen to defend the constitution, so I could see him winning. They tend not to get involved in executive decisions, but this does seem a case where in theory the Govt. is saying the Oireachtas can effectively decide not to hold by elections at all. The courts love the concept of a "reasonable time" within which something may be done, so I suspect the courts may set that time. Alternatively, the Filthy Fuppers may decide to fold just before the case goes on and undertake to move the writ.

D
 

Ulster-Lad

Well-known member
Joined
Oct 26, 2006
Messages
10,092
Well, today is the day. The day the government goes to court to try to continue to deny the constitutional rights of the people of Donegal to be represented in the Dáil. It is disgraceful the the taxpayers in this country are to foot the costs for this travesty.
 

Ciarán Mac Mathghamhna

Active member
Joined
Jun 7, 2007
Messages
185
There's no time set within which the elections should be held. However, not holding the elections (at all) is clearly unconstitutional. This case should create new law. Either a) the government has the leeway to postpone the election until the next general election, and this point is clarified - which by inference is the line the government is currently taking, b) there is a 'test' that needs to be created and satisfied (courts love to create 'tests') or c) the court can find a technical reason not to rule.

I suspect that the court will shy away from c) if they suspect they are creating a vaccuum in law - and, by extension, politics - and will only go there if they have no choice. This is minimum controversy for the government and their lawyers would probably try and drive to this one. a) is a possibility, though it seems unintended by the framers. b) is fun...lawyers / judges love this stuff. And it's probably necessary. But given the serious times we find ourselves in, I dunno...

All in all, the government will probably short circuit this whole thing by announcing something before it's taken out of their hands. I thnk it may still, however, get referred to the SC at some point.


I concur with your analysis. But I still hope that something a bit special will happen today, and that the Government's abject reneging on the republican principles on which this nation, and indeed the major party in government, was founded, will be shown up by the courts.

I wonder which journalists are at court today? How soon will we hear?
 

Rosmuc

Well-known member
Joined
Apr 20, 2008
Messages
687
any news or feeds on this yet ?
 

New Threads

Popular Threads

Most Replies

Top