Director of Corporate Enforcement wins right to see Kildare charity Console's computers

The State’s corporate watchdog has secured a High Court order allowing it to examine material on computers taken from Kildare-based suicide counselling charity Console.  

The Office of the Director of Corporate Enforcement (ODCE) secured the order after agreeing protocols with Console’s founder Paul Kelly and his wife Patricia as to how the investigation of files held on electronic devices is to be conducted were agreed 

The charity’s liquidator has handed over Console’s books and records.

The Kellys, who at one time lived in Clane, had raised concerns about the proposed search in relation to the use of any documents stored on the computers which they claim are private and unconnected with the investigation and over matters they claim are covered by professional privilege. 

 At the High Court earlier today, Friday, July 26, Kerida Naidoo SC, appearing with Aillil O'Reilly Bl for the ODCE, told Ms Justice Caroline Costello that an agreement had been reached with the Kellys, represented by Sara Phelan SC, in regards to the examination of the electronic files. 

Counsel said it was agreed that the Kellys would provide the ODCE with a list of files they say are private and by the end of August. Counsel said that files deemed private and irrelevant would not be used or accessed by the ODCE and would be stored separately.  

It was agreed with the HSE that confidential information relating to patients who had been counselled by Console would also not be accessed or used by the ODCE. 

Counsel said that the ODCE wants to examine electronic documents stored on the charity's computers as part of its investigation into the conduct of the charity's affairs before its liquidation in July 2016, to see if any potential breaches of the Companies Act had been committed. 

Counsel said that at this point there is currently no prosecution and no charges have been brought against anyone in relation to the charity's affairs and it was hoped that this discrete issue would not trouble the courts again. 

Ms Phelan told the court that the Kellys are co-operating, but were reserving their position in relation to any documents that could potentially be used by the ODCE in the future.   

After granting the ODCE the order Ms Justice Costello adjourned the matter to a date in October. 

Read more: Charities Regulator reported Kildare-based Console to Gardai

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