Judge hopes to address outstanding issues in case of ODCE and John Delaney in May

The hearing of a High Court action to determine all outstanding matters in a case involving former Football Association of Ireland (FAI) chief executive John Delaney and the Office of the Director of Corporate Enforcement (ODCE) has been provisionally fixed for a date in May.

The parties are in dispute about whether seized materials are covered by legal professional privilege (LPP) and can be used by the ODCE in its investigation.

Ms Justice Leonie Reynolds, who for almost two years has been dealing with the issues arising out of the ODCE’s removal of 280,000 documents in February 2020 from the FAI’s offices, set aside May 26th and 27th next to hear all the outstanding matters that remain in the action.

During the brief hearing, the judge said that all the issues concerning claims over which documents should be deemed to be covered by LPP can then be put before the court.

The judge accepted that the May dates were being fixed on a provisional basis but reiterated the court’s strong desire that all matters before her in relation to the parties be concluded before the end of the legal year in July.

Ms Justice Reynolds also amended directions regarding the exchange of legal documents concerning the issues remaining between the parties.

Change of counsel

The extra time was required because the ODCE’s lead counsel in the proceedings, Kerida Naidoo SC, had been appointed a High Court judge.

James Dwyer SC and Eoin McCullough SC have been substituted in by the ODCE as replacements and would need time to fully familiarise themselves with the case, the court heard.

The judge adjourned the case to a date in late April for mention when it will be confirmed if the hearing can go ahead on the provisional dates.

The ODCE wants to use the material covering a 17-year period as part of its ongoing criminal inquiry into certain matters at the FAI. Any documents deemed to be covered by LPP cannot be used by it as part of the investigation.

Following a review by two court appointed independent barristers, recommendations were made regarding which documents should be deemed to be covered by LPP.

Among the issues yet to be determined in the proceedings is the ODCE’s application to review recommendations that some 1,100 seized documents, relating to Mr Delaney, are covered.

Mr Delaney claims these documents contain certain legal advice given to him regarding litigation that occurred during the many years he was with the FAI and therefore are covered by LPP. The ODCE claims that LPP may not apply to many of these.