Courts / Ireland / Report
ODCE can use seized Delaney documents as part of FAI investigation
Summary
The High Court ruled that over 1,100 documents seized from the FAI by the ODCE are not protected by legal professional privilege and may be used in the ODCE's criminal investigation of the association. Mr John Delaney, former FAI CEO, had argued that the documents were privileged, but the judge, Ms Justice Leonie Reynolds, found he had failed to meet the burden of proof and had not provided sufficient evidence to support his claim. She directed that all outstanding documents be disclosed to the ODCE, noting that publication or disclosure of material obtained under the ODCE's search warrant to anyone other than a competent authority is a criminal offence. The decision was made mindful of the Act's provisions, and it is not yet known whether Mr Delaney will appeal. The ruling allows the ODCE to use the material in its ongoing probe, which seeks to determine whether a formal criminal prosecution is warranted.
Who, what, where, when and why
What: Report matter: ODCE can use seized Delaney documents as part of FAI investigation. Procedural stage: appeal
When:
- February 2020 Hearing Or Sentence
- 2022-10-21 Publication
Why: Mr Delaney left the FAI in 2019 but was subsequently made a notice party to the proceedings because some of documentation seized related to him. CNI source report
Places mentioned
- The High Court
- High Court
- Court of Appeal
Topics
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