A High Court judge has ruled the examination by ex-FAI boss John Delaney of files seized by the Office of the Director of Corporate Enforcement as part of its criminal investigation into certain matters at the FAI must be completed by mid-January.
The inspection arises out of 280,000 documents, covering a period of 17 years, seized by the ODCE from the FAI's offices last February as part of its investigation into Irish soccer's governing body.
The court has been asked by the ODCE, in an application where the FAI is the respondent, to determine if some of those files are covered by legal professional privilege and cannot be used by the corporate watchdog as part of its probe.
Through his lawyers Mr Delaney was allowed inspect the files, including thousands of emails, to see which ones are private to him or covered by legal professional privilege and cannot be used by the ODCE as part of if its investigation.
The matter first came before the courts last February.
Extension
While a timetable for the completion of the inspection was agreed, lawyers for the UK-based Mr Delaney sought extra time to complete the inspection.
The extension was needed due to the large volume of material, it was argued.
In a series of motions before the court Mr Delaney, represented by Paul McGarry SC. sought more time in order to complete the inspection.
This would be aided by the ODCE allowing Mr Delaney's lawyers to apply additional search terms to help identify more files so they can be inspected.
Counsel also asked the court to extend the completion date to mid-January of 2021.
Privilege
Counsel said a lot of work had already been done by his side, and a number of the 3,000 files previously 'tagged' by Mr Delaney's lawyers as being covered by legal professional privilege had been reduced.
Counsel said if Mr Delaney was not able to inspect all of the files before any designated completion date set by the court, then he would have to claim legal professional privilege on all of the outstanding material.
That could lead to more work for those involved in the entire process, counsel said adding that his client was not dragging his feet or trying to delay the process.
The applications were opposed by the ODCE, represented by Kerida Naidoo SC, who said Mr Delaney's application for additional time was "unwarranted and unnecessary."
Extra time sought
Any extra time would cause more delay to the investigation process, counsel added.
The ODCE said it wanted the court to fix a date in December for the competition of the extension.
Counsel said Mr Delaney had initially sought a December completion date when the matter was previously before the court.
In her ruling Ms Justice Leonie Reynolds said she was not prepared to make an order allowing Mr Delaney to apply additional search terms to the file inspection process.
Privacy
The Judge said the material seized had, using sophisticated software, already been inspected by using several search terms provided by Mr Delaney's lawyers.
Referring to concerns raised by Mr Delaney regarding issues including his privacy, the Judge said she was satisfied that safeguards contained within the relevant legislation would protect his rights.
The judge added the inspection process should be completed by January 11th next.
The Judge also confirmed the appointment of barrister Niall Nolan Bl as the independent person who would examine the review materials, over which claims of legal privilege are made.
The judge said Mr Nolan will prepare a report for the court, which will aid the Judge to determine which of the material is privileged and which is not.
The matter will return before the court in the New Year.
