Lawlor jail sentence on hold pending appeal

Mr Liam Lawlor arriving at the High Court earlier this month

Mr Liam Lawlor will not start a seven-day sentence in Mountjoy prison next Wednesday after the Supreme Court today granted a stay on his imprisonment, pending an appeal.

Delivering the ruling Mrs Justice Susan Denham said: "The fact is that if a stay is not granted the defendant will serve a term of imprisonment before his appeal is heard.

"On balance the justice of the case requires that a stay be granted until the hearing of a the appeal", she said.

Mr Lawlor had asked the Supreme Court to allow him remain out of prison while he appealed a High Court order committing him to Mountjoy Jail for a second time.

Last Tuesday, the Dublin West TD was ordered to serve his second term in jail for failing to provide the Flood tribunal with all the financial records it has sought from him. He was also fined £5,000.

Mr Lawlor appealed the High Court decision of Mr Justice Thomas Smyth on the grounds that the penalties imposed by the High Court judge were disproportionate, unreasonable and excessively harsh.

Mr Lawlor claimed he had fully and sufficiently complied with the discovery obligations pursuant to the orders of the Court of October 24th and January 1st, 2001.

Mr Lawlor's counsel, Mr John Trainor SC, said: "In the event that the defendant had failed to do so, such a failure was of a technical and lesser character in nature and was remedial by the swearing of a supplemental affidavit of discovery".

Mr Trainor suggested the imposition of a stay of the High Court order would not impede Mr Lawlor in continuing his work with the Flood tribunal.

Mr Trainor said the TD was not appealing the High Court order requiring Mr Lawlor to make, by September 7th, further and better discovery on oath regarding documents in his possession, power or procurement in accordance with the earlier court orders.

Mr Gardner SC for the tribunal opposed the motion and said the stay sould not be granted.

Mr Lawlor must lodge his appeal papers with the court within four weeks and a date for the appeal is expected to be set on October 1st.

After the ruling, Mr Lawlor told ireland.comhe was "pleased with the decision and pleased that you are entitled to have and appeal".

Justice Denham was sitting with Mr Justice Frank Murphy and Mr Justice John Murray.