McElvaney was secretly filmed as part of a documentary. Image: RTÉ McElvaney was secretly filmed as part of a documentary. Image: RTÉ A COUNTY COUNCILLOR has lost his High Court bid aimed at preventing an ethics inquiry being conducted over comments he made while being secretly filmed by RTÉ’s Primetime Programme.
In it, an undercover researcher posed as a representative of a foreign investment firm looking for their support for a fictitious wind farm development.The decision clears the way for a SiPO inquiry, which had been on hold pending the outcome of the High Court case, to proceed. Among the claims of the former Fine Gael, now independent Cllr McElvaney had argued that he was entrapped by the RTÉ reporter, who would not be available for cross-examination at the hearing of the investigation and that the inquiry was inadequate.
The Judge said what the reporter said was not at issue as it was accepted what she had said was fictitious.SiPO he said “will have to consider, for example, whether the councillor’s response amounted to a request for remuneration or reward for anything to be done by virtue of his office as an elected member. ”
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