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. Fahy later claimed in court that he had a verbal agreement 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.