High Court, in a motion for discovery in judicial review proceedings concerning the jurisdiction of a parliamentary committee to examine the expenditure of a charity, and in particular the expenditure of that charity in relation to the former chief executive officer, determines that discovery of the categories of documents sought relating to the jurisdiction of the committee should be made, on the grounds that the issue of jurisdiction is fundamental to the proceedings; and the court adjourns the motion for discovery of documents relating to the former chief executive’s claim of misfeasance in public office until after the first module of the trial has been determined.
Judicial review – motion for discovery – former chief executive of a charity challenging the jurisdiction of the parliamentary committee to examine her on expenditure of monies by the charity, and in particular expenditure in connection with or concerning her - challenging the lawfulness of the procedures of the committee in respect of her attendance before them - subjected to an examination of such intensity that it caused her to be publicly degraded and her health to be adversely affected - questioned over a period of seven hours on a number of issues that were not the subject of the hearing as notified to her - second invitation to her to return - unable to attend due to illness - categories of document sought –whether the documents are relevant and necessary - jurisdiction of the committee – bias - misfeasance in public office – documents sought to establish the basis for the committee’s purported jurisdiction - sought to establish the true, factual and evidential basis upon which the committee acted – argued that the committee’s jurisdiction is limited to examining and reporting upon the appropriation accounts, accounts that are audited by the Comptroller and Auditor General, and reports carried out by the Comptroller – argued that as a matter of law, the accounts of the Rehab Group are not subject to a power of inspection on the part of the Comptroller and Auditor General - proceeded with the examination into her private affairs in the knowledge that they had no power to do so - proceeded with a reckless disregard for the consequences of their actions for her - must establish knowledge on the part of the committee and a decision to proceed notwithstanding that knowledge - discovery in judicial review proceedings - possession, power and procurement - material relevant to the fundamental issue must be discoverable.