A High Court judge has ruled that the examination by ex-FAI boss, John Delaney, of files seized by the Office of the Director of Corporate Enforcement (ODCE) as part of its criminal investigation into matters at the FAI, must be completed by mid-January.
In her ruling, Ms Justice Leonie Reynolds said that she was not prepared to make an order allowing Mr Delaney to apply additional search terms to the file inspection process. She ordered that the inspection be completed by January 11th 2021, and expressed confidence that existing legislation would protect Mr Delaney’s right to privacy.
The judge also confirmed the appointment of barrister Niall Nolan as the independent person who would examine the review materials over which claims of legal privilege are made. The judge said Mr Nolan will prepare a report for the court, which will aid the judge to determine which of the material is privileged and which is not. The matter will return before the court in the New Year.
The office of corporate Enforcement had sized 280,000 documents from the FAI’s offices, and these documents may be used as evidence in an upcoming trial. Mr Delaney had sought to have some documents excluded due to their personal and private nature and others may be covered by legal professional privilege.
The matter will return before the court in the new year.