Judge quashed ethical watchdog’s decision and directed matter go back to office for further consideration
Paul Murphy TD has won a high court appeal over Sipo's failure to investigate former taoiseach Leo Varadkar.
Mr Murphy brought judicial review proceedings arguing, among other things, that the Sipo reached its decision in a manner that breached fair procedures and due process. It also erred in failing to grant him an opportunity to address the legal questions raised and in failing to hold an oral hearing before reaching a determination on the scope of its statutory remit and functions, he said.
The judge said it can be seen that the approach adopted by the Sipo appears to rest on a broad proposition that its statutory remit does not extend to a consideration of complaints that require the investigation of acts taken by the Taoiseach which are stated to have been done in furtherance of the executive functions.
On the other hand, if the complaint was admissible then it is not clear why the Sipo considered that it would be unable to obtain sufficient evidence.
Leo-Varadkar Standards-In-Public-Office-Commission-Sipo
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