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High Court refuses application for order of prohibition in respect of a statutory investigation into county councillor's conduct, on the grounds that: (a) the entitlement to cross-examine only arises where essential facts are in controversy; (b) the allegation of entrapment was premature as, even were there to be an automatic exclusionary rule for evidence thus obtained, the Commission is entitled to review the evidence as to whether there was entrapment; (c) criticism of the preliminary inquiry arose from a misunderstanding of its purpose; and (d) objective bias had not been properly pleaded and, notwithstanding this, was not made out on the facts.
Proceedings brought by elected member of Monaghan County Council - statutory investigation arising from alleged contravention of Local Government Act 2001 and the Code of Conduct - triggered by programme on RTÉ - undercover journalist posing as wind farm investor - whether lack of opportunity to cross-examine undercover journalist made statutory investigation unfair - whether RTÉ had engaged in entrapment - whether preliminary enquiry was inadequate - whether there was objective bias - whether objective bias was properly pleaded - statutory investigation more analogous to Tribunal of Inquiry than to disciplinary proceedings - requirements of natural and constitutional justice still apply.
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