1 July 1998

A Ballina councillor had his stand for honesty and integrity upheld when charges for failing to make returns of contributions received under the Electoral Act were dismissed at the local court.

Gerry Ginty, a member of Ballina Urban Council, was prosecuted for failing to make returns under the Electoral Act 1997 as to any contributions he received as a candidate in the General Election.

State solicitor Mr. Liam McHale said applications were made to Ginty to submit his returns and the response was negative. The Gardai were then requested to carry out an investigation and Inspector Michael Hussey called to see him on November 7 last.

In a statement Ginty said he stood as an independent candidate in the General Election on June 6 1997 and "did not receive any funding from any source or did not seek any."

He did not respond to the returns request as "I felt it was an insult to my integrity and honesty."

As a member of the urban councillor he had refused contributions stating no one gave money without expecting something in return.

Mr. McHale said regulations were imposed on everyone and a offence was created by not making the relevant returns.

Mr. John Gordon, defending solicitor, said it was ironic that Ginty was prosecuted as a person who, as was clear from his statement, had taken a "principled stand on payments to politicians."

He was a member of Ballina Urban Council for the past 11 or 12 years. He stood in the last General Election and was unsuccessful. During his career as a successful and respected councillor "he has never accepted any payment whatsoever."

His statement was that no one who gave payments to politicians did so without expecting anything in return.

"He takes such a serious view of the matter that even though entitled to his expenses he accepts these and gives them to charity," Mr. Gordon added.

Ginty had financed his election campaign with his own funds. He had since signed the returns declaration and he was now handing it in.

Mr. Gordon asked that the court would take into account Ginty's views and stand. The legislation was to prevent money being given to politicians and it not being declared

Judge Dan Shields said the regulations must be complied with. "Whether we think them effective or not we can not decide that ourselves.

"The representatives we elect ourselves make the law for us and we must comply whether we like that law or not."

Judge Shields then dismissed the charge against Ginty.

Connaught Telegraph - News & Sport - July 1998