Michael Fahy
Encyclopedia
Michael "Stroke" Fahy is a farmer and independent
member of Galway
county council
in the Republic of Ireland
. He is from Ardrahan
and was first elected in 1979
for Fianna Fáil
, but resigned from the party in 2004 when under investigation for misappropriation of funds from the council. He served a prison sentence for this in 2007, but his conviction was overturned in 2011.
in 1978, and was on the visiting committee of Limerick Prison until 2004. He ran in Galway West as an independent in the Irish general election, 1987
, but later rejoined Fianna Fáil. In the 2004 local elections, Fahy was criticised for using thousands of prepaid Oireachtas
envelopes to write to voters. He said "I wanted to show I had the support of the Oireachtas members and if I hadn't done it like the other candidates, it would seem like I didn't have the same clout." The judge at his 2007 trial alluded to Fahy's "quite extensive property assets of great value"; his 2010 councillor's declaration of interests
lists land at Gregclare, Ardrahan, and Caherduff.
during his 1987 election campaign has the headline The "Stroke" For Galway West. In quashing his 2007 conviction for misappropriation, Justice Finnegan noted "The name by which the applicant is popularly known and which it is likely was known to some at least of a Galway jury could well exacerbate the prejudice having regard to the nature of the offences with which the applicant is charged." After the success of his 2011 appeal, Fahy's solicitor released a statement:
to supply an equivalent value of rubble from his farm for the roadworks. The contractor was paid by the council in 2002 for an invoice of €7,055, and submitted another invoice in 2003 for €7,523. After a council investigation, Fahy reimbursed the council for €7,055 and apologised for any embarrassment. In March 2004, the Galway county manager
asked Fahy to pay €3,000 to charity; he donated that sum to the Ardrahan Lourdes Invalid
Fund. An Irish Independent
journalist submitted a request for details under freedom of information legislation, and a Garda
investigation was begun. When news of this became public in September 2004, Fahy resigned from Fianna Fáil, although local Fianna Fáil TD Joe Callanan
and councillor Michael Regan supported him at his trial.
In March 2007 at Galway Circuit Criminal Court
in Loughrea
a jury took 2½ hours to find him guilty on seven counts:
On 20 March 2007 he was sentenced to one year's imprisonment and fined €75,000.The judge criticised Fahy for attempting to implicate other councillors and the fencing contractor in his actions. Senator Michael Kitt criticised the severity of the sentence. Fahy was given two weeks to get his affairs in order and make provision for his dependent mother. In this time he was taken ill and received hospital treatment for heart problems, further delaying the start of his sentence. He also launched an appeal. He was taken from hospital to prison on 23 April 2007.
Fahy remained a county councillor. The judge had suggested he should be disqualified under subsection 13(1)(m)(i) of the Local Government Act 2001 for "fraudulent or dishonest dealings affecting a local authority"; however section 13(2)(c) delays such disqualification pending appeals. While section 18(4)(a) of the Local Government Act 2001 provides that councillors are deemed to have resigned if they fail to attend meetings for six months, section 18(4)(b)(ii) allows the council to make an exception where the absence was "in good faith for another reason [besides illness]". The council decided not to move against him pending his appeal. On the register of panel electors for the 2007 Seanad election
, his address was listed as "c/o Mr. Daniel J. Scannell, Governor, Castlerea Prison, Harristown, Castlerea, Co. Roscommon"; he is believed to be the first person to vote from prison in the Seanad elections. Fahy received the full annual representative pay allowance of €16,600 for the year 2007, although his conference expenses were only €3,700, for conferences attended prior to his imprisonment.
and prejudicial. It quashed his conviction, released him on bail
, and ordered a retrial. Senator Terry Leyden
was quoted as "delighted" with the decision. At the retrial, two charges were dropped; on 10 December 2008, Fahy was found not guilty on four charges and guilty on one charge of obtaining the use or benefit of €7,055 from Galway County Council by false pretences. He was sentenced to time served of seven months, and fined €30,000. He launched another appeal, and on 31 May 2011 the Court of Criminal Appeal ruled his conviction was unsafe, with Justice Adrian Hardiman
saying "the evidence before the court was completely different from the case made by the State". No retrial was ordered. The Daily Mail
reported Fahy was considering suing the state.
Fahy's mother Mai, a Cumann na mBan
veteran, died aged 99 on 23 December 2008.
Fahy was reelected to Galway county council in the 2009 local elections
, topping the poll in the Loughrea electoral area. In October 2009, a man was convicted of attempting to extort €5,000 from Fahy by claiming to have tapes of politicians planning to oust or murder Fahy.
Independent (politician)
In politics, an independent or non-party politician is an individual not affiliated to any political party. Independents may hold a centrist viewpoint between those of major political parties, a viewpoint more extreme than any major party, or they may have a viewpoint based on issues that they do...
member of Galway
County Galway
County Galway is a county in Ireland. It is located in the West Region and is also part of the province of Connacht. It is named after the city of Galway. Galway County Council is the local authority for the county. There are several strongly Irish-speaking areas in the west of the county...
county council
Local government in the Republic of Ireland
Local government functions in the Republic of Ireland are mostly exercised by thirty-four local authorities, termed county or city councils, which cover the entire territory of the state. The area under the jurisdiction of each of these authorities corresponds to the area of each of the 34 LAU I...
in the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
. He is from Ardrahan
Ardrahan
Ardrahan is a village in County Galway, Ireland.-History:Richard de Brugo conquered Galway in 1236, and granted the land to Maurice Fitzgerald who built the castle whose ruins still stand today...
and was first elected in 1979
Irish local elections, 1979
The 1979 Irish local elections were held in all the counties, cities and towns of Ireland on 7 June 1979, on the same day as the first direct elections to the European Parliament.- Results :- County councils :Source:- Large corporations :...
for Fianna Fáil
Fianna Fáil
Fianna Fáil – The Republican Party , more commonly known as Fianna Fáil is a centrist political party in the Republic of Ireland, founded on 23 March 1926. Fianna Fáil's name is traditionally translated into English as Soldiers of Destiny, although a more accurate rendition would be Warriors of Fál...
, but resigned from the party in 2004 when under investigation for misappropriation of funds from the council. He served a prison sentence for this in 2007, but his conviction was overturned in 2011.
Early career
Fahy owns a 70-acre farm and prior to his trial worked as a salesman for New Ireland Assurance. He was appointed a Peace CommissionerPeace Commissioner
Peace Commissioner is discretionary appointment in Ireland by the Minister for Justice, Equality and Law Reform. The title replaced Justice of the Peace in 1923. Peace commissioners are primarily used to witness signatures on documents, take statutory declarations and sign certificates and orders....
in 1978, and was on the visiting committee of Limerick Prison until 2004. He ran in Galway West as an independent in the Irish general election, 1987
Irish general election, 1987
The Irish general election of 1987 was held on 17 February 1987, four weeks after the dissolution of the Dáil on 20 January. The newly-elected 166 members of the 25th Dáil assembled at Leinster House on 10 March when a new Taoiseach and government were appointed.The general election took place in...
, but later rejoined Fianna Fáil. In the 2004 local elections, Fahy was criticised for using thousands of prepaid Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
envelopes to write to voters. He said "I wanted to show I had the support of the Oireachtas members and if I hadn't done it like the other candidates, it would seem like I didn't have the same clout." The judge at his 2007 trial alluded to Fahy's "quite extensive property assets of great value"; his 2010 councillor's declaration of interests
Declaration of financial interests
Declarations of financial interests are a means of making conflict of interestsof people in public office known and to reduce them by making them public.- European Parliament :...
lists land at Gregclare, Ardrahan, and Caherduff.
"Stroke" nickname
Fahy acquired the nickname "Stroke" (Irish slang for a sly political manoeuvre) in the 1970s from a local journalist after he convinced the Fianna Fáil national executive to add his name to the local election ticket when the local party had left it out. An advertisement in the Galway AdvertiserGalway Advertiser
The Galway Advertiser is a free newspaper distributed throughout Galway city and county on Thursdays. It was the first of the regional newspapers under the "Advertiser" banner, which now also includes publications based in Athlone, Kilkenny, Mayo, and Mullingar....
during his 1987 election campaign has the headline The "Stroke" For Galway West. In quashing his 2007 conviction for misappropriation, Justice Finnegan noted "The name by which the applicant is popularly known and which it is likely was known to some at least of a Galway jury could well exacerbate the prejudice having regard to the nature of the offences with which the applicant is charged." After the success of his 2011 appeal, Fahy's solicitor released a statement:
- Cllr Fahy is also particularly anxious to have the media refrain from referring to him as 'The Stroke' in the future. He never took offence at the term in the past, because it was used in the context of a different situation. But he never stood before the people as 'The Stroke' Fahy and he would be grateful if the media would henceforth refer to him by his proper name.
Misappropriation conviction
In 2002–3, a road beside Fahy's farm was being widened, using funds allocated from the Community Involvement Scheme. A contractor erected 2,506 metres of fencing on Fahy's farm. Fahy later claimed in court that he had a verbal agreementOral contract
An oral contract is a contract the terms of which have been agreed by spoken communication, in contrast to a written contract, where the contract is a written document...
to supply an equivalent value of rubble from his farm for the roadworks. The contractor was paid by the council in 2002 for an invoice of €7,055, and submitted another invoice in 2003 for €7,523. After a council investigation, Fahy reimbursed the council for €7,055 and apologised for any embarrassment. In March 2004, the Galway county manager
County Manager
In local government in the Republic of Ireland, the Council Manager is the chief executive of the local authority of a county or city. Whereas the county council and city council are elected officials who formulate policy, the manager is an appointed official who manages the implementation of...
asked Fahy to pay €3,000 to charity; he donated that sum to the Ardrahan Lourdes Invalid
Sanctuary of Our Lady of Lourdes
The Sanctuary of Our Lady of Lourdes or the Domain is an area of ground surrounding the shrine to Our Lady of Lourdes in the town of Lourdes, France...
Fund. An Irish Independent
Irish Independent
The Irish Independent is Ireland's largest-selling daily newspaper that is published in both compact and broadsheet formats. It is the flagship publication of Independent News & Media.-History:...
journalist submitted a request for details under freedom of information legislation, and a Garda
Garda Síochána
, more commonly referred to as the Gardaí , is the police force of Ireland. The service is headed by the Commissioner who is appointed by the Irish Government. Its headquarters are located in the Phoenix Park in Dublin.- Terminology :...
investigation was begun. When news of this became public in September 2004, Fahy resigned from Fianna Fáil, although local Fianna Fáil TD Joe Callanan
Joe Callanan
Joe Callanan is a former Irish Fianna Fáil politician. He was born in Kilconnell, County Galway. He is a former Teachta Dála for the Galway East constituency. Callanan was elected to Dáil Éireann at the 2002 general election but lost his seat at the 2007 general election.He is a nephew of a...
and councillor Michael Regan supported him at his trial.
In March 2007 at Galway Circuit Criminal Court
Circuit Court (Ireland)
The Circuit Court is an intermediate level court of local and limited jurisdiction in the Republic of Ireland which hears both civil and criminal matters. On the criminal side the Circuit Court hears criminal matters tried on indictment with a judge and jury, except for certain serious crimes...
in Loughrea
Loughrea
Loughrea is a town in County Galway, Ireland. The town lies north of a range of wooded hills, the Slieve Aughty Mountains.The town expanded in recent years as it increasingly becomes a commuter town for the city of Galway.- Name :...
a jury took 2½ hours to find him guilty on seven counts:
- Obtaining by false pretences contrary to section 2 of the Larceny Act 1916 as amended by the Larceny Act 1990
- Attempted theftTheftIn common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
contrary to section 4 of the Criminal Justice (Theft and Fraud Offences) Act, 2001Criminal Justice (Theft and Fraud Offences) Act, 2001The Criminal Justice Act, 2001 updates and consolidates the law relating to dishonesty and fraud in the Republic of Ireland.The main sections of the statute include:*Theft and Related Offences...
and common law (two counts) - Attempting to make a gain or cause a loss by deceptionDeceptionDeception, beguilement, deceit, bluff, mystification, bad faith, and subterfuge are acts to propagate beliefs that are not true, or not the whole truth . Deception can involve dissimulation, propaganda, and sleight of hand. It can employ distraction, camouflage or concealment...
contrary to section 6 of the Criminal Justice (Theft and Fraud Offences) Act 2001 and common law (two counts) - False accounting by production or making use of a document contrary to section 10(1)(c) of the Criminal Justice (Theft and Fraud Offences) Act 2001 (two counts)
On 20 March 2007 he was sentenced to one year's imprisonment and fined €75,000.The judge criticised Fahy for attempting to implicate other councillors and the fencing contractor in his actions. Senator Michael Kitt criticised the severity of the sentence. Fahy was given two weeks to get his affairs in order and make provision for his dependent mother. In this time he was taken ill and received hospital treatment for heart problems, further delaying the start of his sentence. He also launched an appeal. He was taken from hospital to prison on 23 April 2007.
Fahy remained a county councillor. The judge had suggested he should be disqualified under subsection 13(1)(m)(i) of the Local Government Act 2001 for "fraudulent or dishonest dealings affecting a local authority"; however section 13(2)(c) delays such disqualification pending appeals. While section 18(4)(a) of the Local Government Act 2001 provides that councillors are deemed to have resigned if they fail to attend meetings for six months, section 18(4)(b)(ii) allows the council to make an exception where the absence was "in good faith for another reason [besides illness]". The council decided not to move against him pending his appeal. On the register of panel electors for the 2007 Seanad election
Members of the 23rd Seanad
This is a list of the members of the 23rd Seanad Éireann, the upper house of the Oireachtas of Ireland. These Senators were elected from 24 July 2007 onwards after postal voting closed. The Taoiseach's nominees were announced on 3 August 2007. The Seanad election took place after the 2007 general...
, his address was listed as "c/o Mr. Daniel J. Scannell, Governor, Castlerea Prison, Harristown, Castlerea, Co. Roscommon"; he is believed to be the first person to vote from prison in the Seanad elections. Fahy received the full annual representative pay allowance of €16,600 for the year 2007, although his conference expenses were only €3,700, for conferences attended prior to his imprisonment.
Quashing of conviction and subsequent career
On 28 November 2007, the court of appeal ruled that evidence that Fahy had claimed to have been offered €3.8m for a field was inadmissibleAdmissible evidence
Admissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury—in order to establish or to bolster a point put forth by a party to the proceeding...
and prejudicial. It quashed his conviction, released him on bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
, and ordered a retrial. Senator Terry Leyden
Terry Leyden
Terry Leyden is an Irish Fianna Fáil politician. Formerly a Teachta Dála , he is currently a member of Seanad Éireann.He was elected to Roscommon County Council in 1974, and re-elected in 1979 and 1985...
was quoted as "delighted" with the decision. At the retrial, two charges were dropped; on 10 December 2008, Fahy was found not guilty on four charges and guilty on one charge of obtaining the use or benefit of €7,055 from Galway County Council by false pretences. He was sentenced to time served of seven months, and fined €30,000. He launched another appeal, and on 31 May 2011 the Court of Criminal Appeal ruled his conviction was unsafe, with Justice Adrian Hardiman
Adrian Hardiman
Adrian Hardiman has been a justice of the Supreme Court of Ireland since 7 February 2000. He received the rare honour of being appointed directly from the Bar to Ireland's highest court. Many commentators were surprised by his appointment as he was a relatively young man making it likely he would...
saying "the evidence before the court was completely different from the case made by the State". No retrial was ordered. The Daily Mail
Daily Mail
The Daily Mail is a British daily middle-market tabloid newspaper owned by the Daily Mail and General Trust. First published in 1896 by Lord Northcliffe, it is the United Kingdom's second biggest-selling daily newspaper after The Sun. Its sister paper The Mail on Sunday was launched in 1982...
reported Fahy was considering suing the state.
Fahy's mother Mai, a Cumann na mBan
Cumann na mBan
Cumann na mBan is an Irish republican women's paramilitary organisation formed in Dublin on 2 April 1914 as an auxiliary of the Irish Volunteers...
veteran, died aged 99 on 23 December 2008.
Fahy was reelected to Galway county council in the 2009 local elections
Irish local elections, 2009
The 2009 Irish local elections were held in all the counties, cities and towns of Ireland on Friday, 5 June 2009, on the same day as the European Parliament election and two by-elections .-Overview:...
, topping the poll in the Loughrea electoral area. In October 2009, a man was convicted of attempting to extort €5,000 from Fahy by claiming to have tapes of politicians planning to oust or murder Fahy.
External links
- Cllr Michael Fahy Galway county council