The hearing of a High Court action to determine all outstanding matters on whether documents relating to former FAI CEO John Delaney are covered by legal professional privilege and cannot be used by the ODCE, has been provisionally fixed for a date in late May.
Ms Justice Leonie Reynolds, who for almost two years has been dealing with the issues arising out of the corporate watchdog's seizure of 280,000 documents from the FAI offices, set aside May 26th and 27th next to hear all the outstanding matters that remain in the action.
During a brief hearing on Wednesday, the judge said all the outstanding issues concerning claims over which documents should be deemed to be covered by legal professional privilege (LPP), can 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 between Mr Delaney and the ODCE be concluded before the end of the legal year in July.
The Judge also amended directions regarding the exchange of legal documents concerning the issues remaining between the parties.
The extra time was required because the ODCE's lead counsel in the proceedings Mr Kerida Naidoo SC had been appointed a High Court judge.
James Dwyer SC and Eoin McCullough SC have been substituted in by ODCE as Mr Naidoo's 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.
Documentation
The documentation at the centre of the dispute between the parties was taken as part of the cache of documents covering a 17-year period, seized in February 2020.
The ODCE wants to use the material as part of its ongoing criminal probe.
Any documents deemed covered by LPP cannot be used by the ODCE as part of the investigation into certain matters at the FAI.
Following a review by two court appointed independent barristers' recommendations were made to the court regarding what documents should be deemed 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 by LPP.
Mr Delaney claims these documents contain certain legal advice given to him regarding litigation that occurred during the many years he was with the association, and therefore are covered by LPP.
The ODCE claims that LPP may not apply to many of these documents.
