
DPP will not prosecute case over claims of voter fraud in Kerry
A case on 'potential criminal wrongdoing' followed allegations that, ahead of the May 2019 local elections, a Garda officer in the Killarney electoral area stamped hundreds of supplementary voter registration forms without the applicants being present, which is a legal requirement.
In the Seanad last week, Fine Gael senator Mike Kennelly pushed for an update on the investigation, which was launched into the matter in 2019. Mr Kennelly said: 'An Garda Síochána launched a formal investigation led by a superintendent from outside Kerry, and a file was prepared. No prosecution is set to be taken against claims of voter irregularity in Kerry, gardaí have confirmed. Pic: KarlM Photography/Shutterstock
'As of April 2024, GSOC [the Garda ombudsman] forwarded a file to the DPP, with a decision still pending. This is over six years ago. When will we see this case brought to a conclusion?'
Large numbers of forms, involving up to 200 additional voters, or voters who were changing address, were allegedly stamped by a garda without the presence of the voters. The Garda ombudsman opened what it described as 'a public interest investigation'.
Several calls, including a council motion, were made for the matter to be brought to a conclusion for the sake of clarity and confidence in the electoral system. After inquiries by Extra.ie, both Fiosrú – which replaced GSOC – and An Garda Síochana confirmed the DPP had decided not to proceed with the case. After inquiries by Extra.ie, both Fiosrú – which replaced GSOC – and An Garda Síochana confirmed the DPP had decided not to proceed with the case. Pic: Gareth Chaney/Collins Photos
A Garda spokesman said: 'In 2019, gardaí reported an allegation relating to Killarney Garda Station to GSOC (now Fiosrú). This office is aware that GSOC (Fiosrú) subsequently submitted an investigation file to the Office of the DPP and the DPP directed no prosecution in the matter.'
A spokeswoman for Fiosrú said: 'The file was forwarded to the DPP on July 13, 2023. 'The DPP advised no prosecution on June 11, 2024, and the case closed and all parties notified on June 18, 2024.'
Gardaí last week also confirmed they were not following up on a case where a man admitted to voter impersonation. Gardaí successfully brought a case against David Moriarty in Kerry this month, but admitted in court they did not ask the man where he'd obtained his polling card and if that related to the Killarney case. Mr Moriarty pleaded guilty to fraudulently putting in a ballot box a paper other than what he was authorised by law to put in, at a polling booth in Kenmare during last year's local and European elections. Pic: Getty Images
Mr Moriarty pleaded guilty to fraudulently putting in a ballot box a paper other than what he was authorised by law to put in, at a polling booth in Kenmare during last year's local and European elections.
He was ordered to pay €1,000 to charity, but it emerged gardaí had not asked him who told him to do this, or who gave him the polling card. Pressed by Extra.ie on whether they would follow up on where Mr Moriarty got the polling card, a Garda spokesman said court copy noted the name of the person was 'unknown'.
'There is no further investigation at this time,' they added. Mr Kennelly claimed the man was working for the Healy-Rae Plant Hire company. He said it was 'extraordinary to learn, as every dog and divil in Kerry knows', the defendant works for this firm. Pic: Sasko Lazarov / RollingNews.ie
Mr Kennelly claimed the man was working for the Healy-Rae Plant Hire company. He said it was 'extraordinary to learn, as every dog and divil in Kerry knows', the defendant works for this firm.
However, Kerry TD Michael Healy-Rae said on RTÉ Radio 1 last week: 'My absolute knowledge of that is that he does not work for Healy-Rae Plant Hire.'
Asked if they would be investigating the matter further, a Garda spokesman said their role 'is to prosecute a case in the District Court', adding: 'In general there would be no reason for An Garda Síochána to make reference to a defendant's employment in open court unless specifically asked a question by the judge.'
The offence in this case falls under Section 138 Electoral Act 1992 as amended. The maximum penalty for such an offence is two years in prison. In accordance with statute, this is not an arrestable offence nor is there any power of detention.
As such, An Garda Síochána had no power upon which to question the defendant in relation to the offence.

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