John Delaney joined as notice party to ODCE application in relation to seized FAI documents
Former FAI CEO John Delaney has been joined as a notice part to proceedings brought by the Office of the Director of Corporate Enforcement concerning materials recently seized from the FAI's offices on foot of a search warrant.
The corporate watchdog, as part of its ongoing investigation into certain matters concerning the FAI has brought an application asking the High Court to determine if the seized documents and material are legally privileged.
If the court finds that information contained in the documents are legally privileged then it cannot be used by the ODCE as part of its investigation.
The application was briefly mentioned before Ms Justice Leonie Reynolds today who was informed by Jack Tchrakian BL for Mr Delaney that his client would like to be joined as a notice party.
When the matter was raised before the court earlier this week, the judge had suggested that Mr Delaney be made a notice party.
The judge made the suggestion after being informed that the documents may raise private issues regarding Mr Delaney.
Kerida Naidoo SC with Elva Duffy Bl for the ODCE and Brian Gageby Bl for the FAI said their clients had no objection to Mr Delaney being joined to the proceedings.
The judge adjourned the matter to a date next month. Mr Delaney, who had held a number of positions with the association, including CEO and Executive Vice President, left the FAI last September.
The ODCE's application, which is made under various sections of the 2014 Companies Act was brought after documents were seized from the FAI's offices at Abbottstown on foot of a search warrant issued last week, and executed last Friday, February 14.
The application is one of several that have been made by the ODCE since it commenced its investigation into the FAI.
Last year, in one such application, the court ruled that extracts of documents the FAI has given to the ODCE are covered by professional legal privilege and cannot be used as part of the probe into certain matters concerning the association.
Those proceedings related to certain parts of documents provided to it by both the FAI and its auditors Deloitte Ireland LLP.
Ms Justice Reynolds ruled that the contents of some 14 passages in 16 documents provided by the FAI and Deloitte contain legally privileged material and cannot be used in the investigation.
