Court rules against Delaney in claim over documents seized by ODCE

The High Court has ruled that documents relating to former FAI Chief Executive John Delaney are not covered by legal professional privilege and can be used by the ODCE as part of its ongoing criminal investigation into the association.

Mr Delaney had argued before the High Court that the Corporate Watchdog was not entitled to use just over 1,100 documents relating to him that were seized by the ODCE from the FAI on the grounds that they were covered by legal professional privilege (LPP).

In her judgement, Ms Justice Leonie Reynolds said she was "satisfied that Mr Delaney has failed to discharge the requisite burden of proof required to maintain his assertion that the documents at issue are privileged."

In her decision, Ms Justice Reynolds said that it was "not her role to make out any claim of privilege for Mr Delaney." The onus, she said, was on him to do so.

He had been afforded every opportunity to furnish the necessary information to substantiate his claim but had "resolutely failed to do so".

She said that in the circumstances where it was not necessary to go through all of the individual documents, she was satisfied to reject his claim of LLP and directed that all the outstanding documentation be disclosed to the ODCE.

The judge said she was making the orders "mindful of the contents of the Act" which state that the publication or disclosure of any material obtained under the search warrant used by the ODCE to seize the documents to anyone other than a competent authority is "a criminal offence sanctioned by way of fine or term of imprisonment."

It is not known if Mr Delaney intends to appeal the finding to the Court of Appeal.

The lengthy and complicated proceedings arose out of the corporate watchdog's seizure of 280,000