In his decision, the Ombudsman pointed out that the relevant exception set out in Article 195(1) was only applicable where a case had been dealt with by or was pending before a court and that this interpretation was confirmed by Article 1(3) of his Statute.
Thug an tOmbudsman le fi os ina chinneadh nár bhain an eisceacht in Alt 195(1) ach le cásanna ar dhéileáil cúirt leo nó a bhí ar feitheamh le dul os comhair cúirte agus gur thacaigh Alt 1(3) dá Reacht féin leis an léirmhíniú seo.