3.1 The Commission intended to sit on 11 March 2013 to hear oral evidence in relation to its investigation. The Senator sought more time to prepare for the inquiry, which request was accommodated by an adjournment to 8 April 2013.
3.2 By letter dated 26 March 2013, the Senator informed the Commission of a change of solicitors. The Senator’s new solicitors indicated that formal proof would be required of each and every aspect of the allegations against the Senator that would be considered by the Commission.
3.3 The Senator’s new solicitors also indicated that he now wished to conduct his business with the Commission in Irish, including the public oral hearing then fixed for 8 April 2013. Since that indication, all engagement by the Commission with the Senator has been in Irish and all correspondence has been in both Irish and English. From 2011 until then, all of the correspondence between the Senator and both the local authority and the Commission had been in English.
3.4 Given the requirements for witnesses to be called and interpreters to be provided, the hearing was postponed again to 10 June 2013. Arrangements were made for translation facilities and for witnesses to attend on that date.
3.5 The Senator’s solicitors then wrote contending that the Commission lacked jurisdiction to investigate the complaints made by the Mayor and County Manager of Donegal, contending that they constituted a transfer of an anonymous complaint. The Senator also contended that the investigation hearing should be conducted by a panel of the Commission competent to hear matters in Irish without interpreters. The Commission rejected these contentions.
3.6 Senator Ó Domhnaill had previously been notified that appropriate steps had been taken to facilitate the hearing through Irish and that the hearing would take place on 10 June 2013. On 6 June 2013, the Senator applied to the High Court for leave to seek judicial review of the investigation and the Commission hearing was stayed. Senator Ó Domhnaill's claims were rejected by the High Court in January 2014. Senator Ó Domhnaill appealed the decision of the High Court to the Supreme Court in April 2014. In November 2014, the Chief Justice directed that Senator Ó Domhnaill's appeal be heard and determined by the Court of Appeal. Senator Ó Domhnaill's appeal was dismissed by the Court of Appeal in July 2015.
3.7 The Commission arranged its investigation hearing for 9 May 2016. The Senator maintained his position with regard to the necessity for formal proof of each and every aspect of the allegations up to the date of the hearing. This necessitated the attendance of witnesses from Donegal County Council and Údarás na Gaeltachta. At no stage before or during the hearing did the Senator assert that the documentation adduced was in any way inaccurate or that his documentation had not been authored by him. Despite having put the documentation in issue, the Senator did not raise any issue thereon at the Commission hearing.
3.8 At the sitting, Mr. Seamus Ó Tuathail SC and Mr Daithí MacCárthaigh BL (instructed by Mr Seán Ó Canainn, Solicitor) appeared for Senator Ó Domhnaill. The Commission was represented by Mr. Luán ó Braonáin SC and Ms Siobhán Ní Chúlacháin BL (instructed by Mr. Peter Law of A & L Goodbody Solicitors). The transcript of the investigation hearing is at Appendix 3.
3.9 At the conclusion of the hearing, in light of the lateness of the hour, it was agreed that counsel for the Commission and for Senator Ó Domhnaill would make written submissions no later than 20 June 2016. These submissions are included in Appendix 4.