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Carn man's complaint upheld 07.12.09

INISHOWEN man Fiachra Ó Luain has welcomed plans to investigate his complaint about the handling of a Garda investigation into the misallocation of 3,000 votes during the European election count last June.
The Garda Ombudsman has upheld part of a complaint made by the former North West Independent candidate and has now asked the Garda Commissioner Fachtna Murphy to investigate.
Mr Ó Luain made a formal complaint to Gardaí about the misallocation of ballots during the counting of European election votes in Castlebar, last June. After Libertas candidate Declan Ganley requested a recount, it was discovered that Mr Ganley had been credited, in error, with 3,000 of Mr Ó Luain’s first preference votes. Mr Ó Luain claims the subsequent Garda investigation of his complaint was inadequate.
In his letter to the Garda Ombudsman, Mr Ó Luain claimed that a named Garda "completed an inadequate investigation, declining to interview various witnesses, and that he forwarded an inadequate file to the DPP”. The Garda Commissioner will now investigate this part of Mr Ó Luain’s complaint.
The Ombudsman’s office has written to Mr Ó Luain saying: “The Garda Ombudsman has considered the allegations of misbehaviour made in your complaint and has determined that your complaint is part admissible.”
The Ombudsman has also informed Mr Ó Luain that, depending on the result of the investigation, disciplinary proceedings may be taken. He can also have the matter
Fiachra Ó Luain
reviewed by the Ombudsman if he is not satisfied with the investigation.
Mr Ó Luain says he will now be writing to the returning officer and the Minister for the Environment, Heritage and Local Government, John Gormley, "requesting a fresh start and full co-operation with getting to the bottom of the case".
"The seeded favourites are always given the benefit of the doubt in controversial circumstances. Like Ireland in the World Cup, I may not have gone on to win a seat in Europe, however, myself, Michael McNamara and the the 20,000 people who gave us their first preference votes, were all disenfranchised and ignored when we called for fairplay.
"Unlike the FAI, I am not requesting a free seat in the European Parliament. All I want is a proper investigation into what happened. Maybe we should introduce video refs at all the count centres," he quipped.
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