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THE OFFICE of the Director of Corporate Compliance (ODCE) says it opposes any request from former FAI chief John Delaney for more time to examine files seized by the corporate watchdog as part of his criminal investigation into the association.
The Superior Court, in an application in which the FAI is the defendant, has been asked to make a determination if some of the files are covered by legal privilege and cannot be used by the ODCE as part of its investigation.
UK-based Delaney, who is part of the notice of action, wants more time to examine the material, including his emails, so that he can establish what he claims is covered by legal professional privilege and it cannot be used by the ODCE.
The ODCE wants its request, which began last February, to be heard in December.
The matter returned to Judge Leonie Reynolds today, who expressed the court’s strong dissatisfaction with the pace of the inspection process.
The judge criticized what he said were the “tit-for-tat tactics” the ODCE and Delaney were using regarding the inspection process.
It also said Delaney had given assurances early in the process about taking steps to ensure the inspection was completed within an agreed time frame, which it said had not been done.
The court heard that Delaney, who is represented in court by Paul McGarry SC with Jack Tchrakian Bl, had made progress in inspecting a large number of documents.
Since the inspection process began in July, problems have arisen that make it difficult to assess how many documents are private to him or covered by legal privileges.
In an affidavit in court, Delaney’s attorney, Aidan Eames, said his client wants the matter resolved as soon as possible so the former FAI chief executive can “get on with his life as soon as he can.”
Eames said his firm has put a lot of effort into the inspection process on behalf of its client.
However, the cooperation and forwarding “cannot be pursued at the cost of compromising the rights of their clients,” he said.
Eames added that Delaney is operating on very little money relative to the vast resources that ODCE and FAI can devote to the inspection process.
ODCE stance
Kerida Naidoo SC, who appeared with Elva Duffy Bl, for ODCE, said she was opposed to Delaney being given more time to complete the inspection.
It was suggested that Delaney wanted to search the documentation using a new search keyword, the attorney said.
The attorney said there was “no basis” in any of Delaney’s issues.
Evidence was presented to the court that an FAI attorney was expected to review all documentation in about 35 business days, and will be completed in the next few weeks.
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This was different from Delaney, and the ODCE was concerned that, at the current rate, its review would take several more months to complete.
The ODCE said Delaney had claimed that more than 3,000 of the files it has reviewed have legal privileges.
He is seeking the appointment of an independent person to consider that material, who would then submit a report to the court.
The ODCE was concerned, given that Delaney has yet to review thousands more documents that its investigation could be compromised.
Delaney’s attorneys have rejected the ODCE’s criticism and deny that it is trying to delay the process.
In adjourning the case, Judge Reynolds said she wanted to know if Delaney’s attorneys would accept an offer from the ODCE of assistance to expedite the process. If that offer was not being accepted, he wanted to know why not.
The judge also said that the parties should discuss certain issues among themselves to make better use of the court’s time.
The matter will go back to Superior Court in two weeks.
Comments are closed as legal proceedings are ongoing.
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