Judge hopes issues over documents seized from FAI decided by end of July

A High Court judge has said she wants the process of determining what documents seized by the State’s corporate watchdog from the Football Association of Ireland’s (FAI) offices are covered by legal professional privilege (LPP) concluded by the end of July.

The comments were made by Ms Justice Leonie Reynolds on Tuesday.

Former FAI chief executive John Delaney is claiming LPP over some 3,500 documents and emails seized by the Office of the Director of Corporate Enforcement (ODCE) in February of last year while the FAI claims privilege over some 1,000 documents.

The judge confirmed she had received a confidential report making recommendations about what documents and material should be deemed to be covered by LPP. Any document deemed LPP cannot be used by the ODCE as part of its criminal investigation into certain events at the FAI.

The report was compiled by independent barristers Niall Nolan BL and Patrick Mair BL.

Ms Justice Reynolds said the report, which was bulkier than originally anticipated, was delivered to her by gardaí on Monday. It consisted of one volume of documents regarding the FAI and two volumes in relation to Mr Delaney.

Expressing the court’s desire to finalise the process, the judge directed that the various parties be furnished with the report.

‘Whittle down’

The parties, she said, should attempt to work out what documents they agree are covered by LPP in an attempt to “whittle down” the number of documents that remain in dispute, which the court will ultimately have to rule on.

Concerns were raised by Paul McGarry SC, for Mr Delaney, over issues of confidentiality, including about who within the ODCE would see the report. The judge said she was not prepared to make an order preventing the ODCE’s investigators seeing it.

Noting that the report is confidential, she said there would be clear implications for any party found in breach of that confidentiality. The matter has been before the court for over a year and it was time to “bring matters to a conclusion.”

She expressed her hope the hearings will have concluded before the end of the legal year in July.

The report arises out of the ODCE’s proceedings against the FAI, to which UK based Mr Delaney is a notice party The action was brought after some 280,000 files covering a 17-year period were seized by the ODCE.

The matter will return before the court next month.