Irish Daily Mail

Court rejects Delaney’s bid to hear appeal over FAI documents

- By Helen Bruce Courts Correspond­ent helen.bruce@dailymail.ie

JOHN Delaney has lost a bid to bring a Supreme Court appeal over legal privilege he had claimed for more than a 1,000 emails seized from Football Associatio­n of Ireland offices by the Office of the Director of Corporate Enforcemen­t (ODCE).

The ODCE, which has now become the Corporate Enforcemen­t Authority, wants to use the materials covering a 17-year period as part of its ongoing inquiry into suspected criminal wrongdoing at the FAI.

In October 2022, High Court Judge Leonie Reynolds ruled former FAI chief Mr Delaney had made ‘vague and nebulous claims which are wholly unsubstant­iated’ and he had ‘resolutely failed’ to justify why the digital documents could not be investigat­ed by the watchdog.

She was also critical of his ‘repeated protestati­ons’ of a lack of resources and time and contrasted it to the FAI’s ‘constructi­ve approach’ despite having fewer resources and a ‘markedly tighter time frame’.

By that stage, the High Court had spent more than two years dealing with issues arising out of the ODCE’s seizure of 280,000 documents.

The ODCE was acting on a district court search warrant which enabled it to raid the FAI’s headquarte­rs in Abbotstown in February 2020. Mr Delaney had asserted legal profession­al privilege over 1,123 documents, taken from his work email folder.

He said these contained legal advice given to him regarding litigation that occurred during the many years he was with the associatio­n.

Mr Delaney stated that 566 files related to family law proceeding­s, 301 files concerned defamation proceeding­s, 71 files related to a shareholde­r dispute in which he was involved, and most of the remainder related to property transactio­ns.

He went to the Court of Appeal, but in September last year it rejected his appeal against the High Court judgment, ruling that his claim appeared to be a ‘deliberate attempt to shield documents from disclosure which he does not wish to disclose’. He then appealed to the Supreme Court, arguing that his case raised points of law of public importance about how search warrants were executed under the 2014 Companies Act, and issues relating to privilege.

However, yesterday Supreme Court Judges Donal O’Donnell, Iseult O’Malley and Gerard Hogan found it was ‘not in the interests of justice’ to allow a further appeal.

To do so, the judges held, would be ‘to allow a further hearing of arguments that have already been fully ventilated in both the High Court and the Court of Appeal.’

They said the procedures used to assess the legal profession­al privilege of the documents did not raise any issue of complexity

‘Vague and nebulous claims’

or general public importance.

It has been estimated that Mr Delaney, who is now based in England, will face a legal bill of €2million following his three failed cases.

It comes as the four-year anniversar­y of the initial raid on the FAI offices approaches.

The ruling clears the way for the stalled Corporate Enforcemen­t Authority criminal investigat­ion into Mr Delaney and the FAI to proceed. Once his FAI emails have been reviewed by investigat­ors, a number of potential witnesses are expected to be formally interviewe­d.

 ?? ?? €2million legal bill: Former FAI chief John Delaney
€2million legal bill: Former FAI chief John Delaney

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