John Delaney joined as notice party to watchdog application over FAI documents

Former FAI chief executive John Delaney has been joined as a notice party to proceedings by the Office of the Director of Corporate Enforcement concerning materials recently seized from the FAI's offices on foot of a search warrant.

The corporate watchdog, as part of its investigation into certain matters concerning the FAI, has asked the High Court to determine if the seized documents and material are legally privileged.

If the court finds it is, it cannot be used by the ODCE in its investigation.

When the application was briefly mentioned before Ms Justice Leonie Reynolds on Thursday, Jack Tchrakian BL, for Mr Delaney, said his client would like to be joined as a notice party.

When the matter was raised before the court earlier this week, the judge had suggested Mr Delaney be made a notice party after being informed the documents may raise private issues regarding Mr Delaney.

Kerida Naidoo SC, with Elva Duffy BL, for the ODCE, and Brian Gageby BL, for the FAI, said their clients had no objection to Mr Delaney being joined as a notice party.

The judge directed Mr Delaney be joined and adjourned the matter to next month.

Mr Delaney, who had held a number of positions with the FAI, including chief executive and executive vice president, left the association last September.

The ODCE’s application, made under various sections of the 2014 Companies Act, was brought after documents were seized from the FAI’s offices at Abbottstown on foot of a search warrant issued executed on February 14th last.

The application is among several made by the ODCE since it commenced its investigation.

Last year, the court ruled that extracts of certain documents given by the FAI and its auditors Deloitte Ireland LLP to the ODCE are covered by legal professional privilege and cannot be used in the ODCE investigation.