Gardaí decide against FAI probe; corporate watchdog ODCE continues probe

An Garda Síochána has decided not to launch an investigation into financial affairs at the Football Association of Ireland — leaving it to the Office of the Director of Corporate Enforcement to continue its probe into the matter.

The decision follows high-level meetings between Garda bosses and the ODCE after Sports Ireland referred, last November, an independent audit of FAI finances it commissioned to Garda HQ.

The Irish Examiner understands that the Garda decision was informed by the fact that the ODCE was already well progressed in its investigation, which it started last April. It is further understood that the ODCE has conducted searches in recent months as part of its probe.

At the end of last November, Sports Minister Shane Ross publicly announced the referral by Sports Ireland of the KOSI audit report to An Garda Síochána, saying gardaí would now consider and review the matter. He said the report had also been sent to the ODCE.

Minister Ross said he had written to Garda HQ to assure it of his and his department's full cooperation in any investigation. The FAI said they were already cooperating with the ODCE and would cooperate fully with any Garda investigation.

Meetings were held last month between the Garda National Economic Crime Bureau (GNECB) and ODCE to discuss the investigation. Options considered included a joint investigation, a lead agency assisted by the second body or a sole investigation by one agency.

It is understood that the decision made was that ODCE would carry out a sole investigation with the option to seek assistance from the GNECB if it required.

Sources have pointed out that a team of gardaí from GNECB are seconded to the ODCE already and that they can carry out any criminal investigations that may potentially arise.

The ODCE is tasked with enforcing company law, but can investigate criminal activity. It has one garda inspector, two sergeants and four gardaí attached to it. One source said the investigation is “progressing very well”, but emphasised that it could take some time.

The ODCE sought and received a substantial amount of documentation from the FAI. It took a case before the High Court after the FAI claimed legal privilege over certain documentation.

Last July the High Court ruled that 14 passages out of a total of 16 documents provided by the FAI and its auditors Deloitte were legally privileged and could not be used in the ODCE probe. The material related to the minutes of meetings of the FAI Board of Directors and committees of the board between Jan 1, 2016 and Mar 21, 2019.

A spokesman for ODCE said they could not comment on individual cases due to statutory confidentiality obligations.

He added: “However, as it is already a matter of public record, I can confirm that the ODCE has made an application to the High Court under section 795 of the Companies Act, 2014 in connection with claims of legal privilege asserted over some records provided to the ODCE by the FAI as part of a response to production requirements issued. The current application is due for mention in the High Court on 23 January 2020.”