Michael Fahy Explained

Michael Fahy
Nationality:Irish
Office:Galway County Councillor
Term Start:1979
Term End:2019
Constituency:Loughrea
Party:Fianna Fáil
Otherparty:Independent

Michael Fahy (1951 – 2 April 2019[1]) was an Irish farmer, and a Fianna Fáil and sometime Independent member of Galway County Council. From Ardrahan and first elected to the council in 1979,[2] he resigned from Fianna Fáil in 2004 when under investigation for misappropriation of funds from the council.[3] He served a prison sentence for this in 2007, but his conviction was overturned in 2011.[4] He rejoined Fianna Fáil in 2018.[5]

Early career

Fahy owned a 70-acre farm and prior to his trial worked as a salesman for New Ireland Assurance.[1] He was appointed a Peace Commissioner in 1978, and was on the visiting committee of Limerick Prison until 2004.[6] He ran in Galway West as an independent in the 1987 general election, but later rejoined Fianna Fáil.[7] [8] 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."[9] 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 Cregclare, Ardrahan, and Caherduff.[10]

"Stroke" nickname

Fahy acquired the nickname "Stroke" (Irish slang for a sly political manoeuvre[11]) 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.[1] An advertisement in the Galway Advertiser 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:[12]

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 2002–03, 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.[13] Fahy later claimed in court that he had a verbal agreement to supply an equivalent value of rubble from his farm for the roadworks.[14] The contractor was paid by the council in 2002 for an invoice of €7,055, and submitted another invoice in 2003 for €7,523.[15] 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;[14] 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.[14] When news of this became public in September 2004, Fahy resigned from Fianna Fáil,[3] although local Fianna Fáil TD Joe Callanan and councillor Michael Regan supported him at his trial.[1]

In March 2007 at Galway Circuit Criminal Court in Loughrea a jury took 2½ hours to find him guilty on seven counts:[16] [17]

On 20 March 2007 he was sentenced to one year's imprisonment and fined €75,000.[18] 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.[19] Fahy was given two weeks to get his affairs in order and make provision for his dependent mother.[18] In this time he was taken ill and received hospital treatment for heart problems, further delaying the start of his sentence.[20] He also launched an appeal. He was taken from hospital to prison on 23 April 2007.[21]

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";[18] however section 13(2)(c) delays such disqualification pending appeals.[22] 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]".[22] [23] The council decided not to move against him pending his appeal.[24] 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";[25] he is believed to be the first person to vote from prison in the Seanad elections.[26] 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.[27]

Quashing of conviction and subsequent career

On 28 November 2007, the Court of Criminal Appeal ruled that evidence that Fahy had claimed to have been offered €3.8m for a field was irrelevant and thus inadmissible; and further that it was prejudicial as it did not note that the field had been inherited, and thus allowed the inference that "wealth apparently so disproportionate to his income and station in life was not acquired honestly."[16] The court quashed Fahy's conviction, released him on bail, and ordered a retrial.[16] [28] Senator Terry Leyden was quoted as "delighted" with the decision.[28] 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.[29] He launched another appeal,[29] 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.

Fahy's mother Mai, a Cumann na mBan veteran, died aged 99 on 23 December 2008.[30] [31] Fahy was re-elected to Galway county council in the 2009 local elections, topping the poll in the Loughrea local electoral area (LEA).[32] 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.[33] Fahy was re-elected at the 2014 local elections to Galway county Council.[34] He said afterwards he was considering rejoining Fianna Fáil.[34]

Fahy ran as an independent in Galway East in the 2016 general election, receiving 5.2% of the first-preference vote to finish eighth of the ten candidates.[35] He rejoined Fianna Fáil in 2018, and at the time of his death had been selected to run for the party in Gort/Kinvara LEA in the May 2019 local elections.[5]

External links

Notes and References

  1. News: 'Stroke' has never been far from controversy. McDonald. Brian. 11 December 2008. Irish Independent. 24 October 2010.
  2. News: Miriam Lord's Week . 1 December 2007 . The Irish Times . 23 March 2008 . 20 November 2010 . https://web.archive.org/web/20101120141943/http://www.irishtimes.com/newspaper/ireland/2007/1201/1196375103634.html . live .
  3. News: FF councillor resigns amid funding probe. 9 September 2004. RTÉ.ie. 24 October 2010. 2 November 2012. https://web.archive.org/web/20121102062245/http://www.rte.ie/news/2004/0909/fahym.html. live.
  4. News: Cllr Michael Fahy's conviction quashed. 31 May 2011. RTÉ News. RTÉ.ie. 20 August 2011. 30 August 2011. https://web.archive.org/web/20110830101251/http://www.rte.ie/news/2011/0531/fahym.html. live.
  5. News: McGrath . Pat . Galway councillor Michael 'Stroke' Fahy dies . 3 April 2019 . 3 April 2019 . en . 3 April 2019 . https://web.archive.org/web/20190403102933/https://www.rte.ie/news/connacht/2019/0403/1040330-michael-stroke-fahy/ . live .
  6. News: Patricia. McDonagh. I am very weak: Fahy. 11 April 2007. Irish Independent. 24 October 2010. 25 October 2012. https://web.archive.org/web/20121025180950/http://www.independent.ie/national-news/i-am-very-weak-fahy-42821.html. live.
  7. Web site: Michael Fahy . ElectionsIreland.org . 20 August 2011 . 16 October 2011 . https://web.archive.org/web/20111016141850/http://www.electionsireland.org/candidate.cfm?ID=358 . live .
  8. Web site: michael stroke fahy. 9 January 2011. Irish Election Literature Blog. 20 August 2011. 17 October 2011. https://web.archive.org/web/20111017220553/https://irishelectionliterature.wordpress.com/tag/michael-stroke-fahy/. live.
  9. News: Wheeling and dealing in little white envelopes. Bradley. Lara. 4 July 2004. Irish Independent. 24 October 2010. 25 October 2012. https://web.archive.org/web/20121025181015/http://www.independent.ie/national-news/wheeling-and-dealing-in-little-white-envelopes-481761.html. live.
  10. Web site: Declaration of Interests – Michael Fahy . 20 January 2010 . Galway County Council . 24 October 2010 .
  11. Book: O'Carroll, J. P. . McGrath. Conor. O'Malley. Eoin. Irish political studies reader: key contributions. https://books.google.com/books?id=H_fcNWfZ7hIC&pg=PA46. 2007. Routledge. 978-0-415-44648-8. 46. Strokes, cute hoors, and sneaking regarders: the influence of local culture on Irish political style.
  12. News: 'Stroke' Fahy clears name over €7,000 council fraud case. Kavanagh. Brian. Brian McDonald. 1 June 2011. Irish Independent. 20 August 2011. 30 August 2011. https://web.archive.org/web/20110830013626/http://www.independent.ie/national-news/courts/stroke-fahy-clears-name-over-euro7000-council-fraud-case-2662552.html. live.
  13. News: 'Stroke' Fahy jailed for fraud . Brian . McDonald . 21 March 2007 . Irish Independent . 24 October 2010 . 25 October 2012 . https://web.archive.org/web/20121025181112/http://www.independent.ie/national-news/stroke-fahy-jailed-for-fraud-50651.html . live .
  14. http://www.rte.ie/news/2008/1210/fahym.html Fahy guilty on one of five charges
  15. News: Fahy denies attempting to cheat council as trial opens. McDonald. Brian. 3 December 2008. Irish Independent. 24 October 2010. 6 December 2008. https://web.archive.org/web/20081206075952/http://www.independent.ie/national-news/fahy-denies-attempting-to-cheat-council-as-trial-opens-1561080.html. live.
  16. Web site: D.P.P.-v- Michael Fahy. 28 November 2007. [2007] IECCA 102. Courts Service. 24 October 2010. 15 June 2011. https://web.archive.org/web/20110615161431/http://www.courts.ie/Judgments.nsf/bce24a8184816f1580256ef30048ca50/fd05ef73bb7acaff802573a10051b8cf?OpenDocument. live.
  17. News: Councillor found guilty of theft and fraud . 7 March 2007 . The Irish Times . 23 March 2008 . 24 October 2010 . https://web.archive.org/web/20101024065857/http://www.irishtimes.com/newspaper/ireland/2007/0307/1173121217619.html . live .
  18. News: Councillor sentenced to year in jail, fined for fraud . Ann Healy . 20 March 2007 . The Irish Times . 23 March 2008 . 11 October 2012 . https://web.archive.org/web/20121011143230/http://www.irishtimes.com/newspaper/ireland/2007/0321/1173880660650.html . live .
  19. News: Galway Cllr to appeal fraud conviction. 21 March 2007. RTÉ.ie. 24 October 2010. 10 October 2012. https://web.archive.org/web/20121010220852/http://www.rte.ie/news/2007/0321/fahym.html. live.
  20. News: Fahy treated in Galway hospital. 3 April 2007. RTÉ.ie. 24 October 2010. 2 November 2012. https://web.archive.org/web/20121102062313/http://www.rte.ie/news/2007/0403/fahym.html. live.
  21. News: Galway councillor taken to prison. 23 April 2007. RTÉ.ie. 24 October 2010. 2 November 2012. https://web.archive.org/web/20121102062400/http://www.rte.ie/news/2007/0423/fahym.html. live.
  22. Web site: Local Government Act, 2001. Irish Statute Book. 21 July 2001. 24 October 2010. 24 December 2018. https://web.archive.org/web/20181224183304/http://www.irishstatutebook.ie/2001/en/act/pub/0037/print.html%20. live.
  23. News: Fahy bids to save council seat from prison cell. 10 September 2007. Irish Independent. 24 October 2010. 25 October 2012. https://web.archive.org/web/20121025181216/http://www.independent.ie/national-news/fahy-bids-to-save-council-seat-from-prison-cell-1074794.html. live.
  24. News: 'Stroke' Fahy finally behind bars after health scare. McDonald. Brian. 24 April 2007. Irish Independent. 24 October 2010. 6 June 2009. https://web.archive.org/web/20090606233021/http://www.independent.ie/national-news/stroke-fahy-finally-behind-bars-after-health-scare-45050.html. live.
  25. 29 June 2007. Seanad Electoral (Panel Members) Acts 1947 and 1954 Electoral Roll. Iris Oifigiúil. Stationery Office. Dublin. 52A Supplement. 9. 24 October 2010. https://web.archive.org/web/20101009045207/http://www.oireachtas.ie/documents/publications/2007_Electoral_Roll.pdf#page=9. 9 October 2010. dead.
  26. News: Fraudster councillor to cast Seanad vote in jail. McDonald. Brian. 5 July 2007. Irish Independent. 24 October 2010. 25 October 2012. https://web.archive.org/web/20121025182815/http://www.independent.ie/national-news/fraudster-councillor-to-cast-seanad-vote-in-jail-955840.html. live.
  27. News: Council paid Fahy while in prison. Phelan. Shane. 30 July 2008. Irish Independent. 24 October 2010. 6 June 2009. https://web.archive.org/web/20090606232958/http://www.independent.ie/national-news/council-paid-fahy-while-in-prison-1443209.html. live.
  28. http://www.rte.ie/news/2007/1128/fahym.html?rss Retrial ordered in Galway Cllr fraud case
  29. News: Judge urges Fahy to quit following fraud conviction. McDonald. Brian. 11 December 2008. Irish Independent. 24 October 2010. 14 December 2008. https://web.archive.org/web/20081214081130/http://www.independent.ie/national-news/judge-urges-fahy-to-quit-following-fraud-conviction-1570481.html. live.
  30. News: 'Stroke' Fahy mourns death of mother. 28 December 2008. Irish Independent. 24 October 2010. 1 March 2009. https://web.archive.org/web/20090301230831/http://www.independent.ie/national-news/gardai-wait-for-test-results-in-fire-deaths-of-mother-and-two-children-1586763.html. live.
  31. News: 'Stroke' Fahy bids final sad farewell to mother. McDonald. Brian. 29 December 2008. Irish Independent. 24 October 2010. 12 June 2009. https://web.archive.org/web/20090612230405/http://www.independent.ie/national-news/stroke-fahy-bids-final-sad-farewell-to-mother-1587152.html. live.
  32. News: Plain sailing for FG in Loughrea . 11 June 2009 . Connacht Tribune . dead . 24 October 2010 . 3 October 2011 . https://web.archive.org/web/20111003035609/http://www.galwaynews.ie/7786-plain-sailing-fg-loughrea .
  33. News: Man admits plan to extort €5,000. Healy. Ann. 6 May 2010. The Irish Times. 24 October 2010. 22 October 2012. https://web.archive.org/web/20121022091411/http://www.irishtimes.com/newspaper/ireland/2010/0506/1224269792877.html. live.
  34. News: Loughrea area cllr Michael Fahy considering return to Fianna Fail party. 27 May 2014. Connacht Tribune. 26 January 2015. 4 March 2016. https://web.archive.org/web/20160304034152/http://connachttribune.ie/loughrea-area-cllr-michael-fahy-considering-return-to-fianna-fail-party/. live.
  35. Web site: Galway East. Election 2016. RTÉ. 27 February 2016. 24 February 2016. https://web.archive.org/web/20160224115924/http://www.rte.ie/news/election-2016/constituencies/galway-east/. live.

This article is licensed under the GNU Free Documentation License. It uses material from the Wikipedia article "Michael Fahy".

Except where otherwise indicated, Everything.Explained.Today is © Copyright 2009-2024, A B Cryer, All Rights Reserved. Cookie policy.