13/04/11 - Investigation Report - Councillor, Donegal County Council

3. Investigation Sitting of the Commission

The Commission determined that its investigation sitting would commence on Monday 14 March 2011.  The date, time, and place of the hearing was notified to Councillor Slowey as the subject of the investigation, to his legal advisers and to Mr Seamus Neely County Manager and Councillor Cora Harvey, Mayor, Donegal County Council, as the successors of the complainants in relation to the matter.  Councillor Slowey informed the Commission that he had consented to the documentation and the statements included in the Inquiry Officer's report (which had previously been supplied to him) being admitted into evidence without formal proof.

The sitting of the Commission took place as arranged on 14 March 2011 to hear legal submissions on behalf of the Commission and Councillor Slowey in relation to the Statement of Alleged Contraventions.  At the sitting, Mr Richard Lyons (instructed by Mr Eunan Gallagher of Gallagher McCartney Solicitors) appeared for Councillor Slowey . The Commission was represented by Mr Diarmuid McGuinness SC (instructed by Mr Peter Law of A & L Goodbody Solicitors).  The Commission heard an opening statement from Mr McGuinness SC, followed by sworn testimony from Councillor Slowey and from Councillor Bernard McGuinness and a closing submission from Mr Lyons.

The transcript of the Commission hearing is at Appendix 2.

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