Documents in Lynn case to be sent to DPP

The High Court has directed that documents relating to the affairs of missing solicitor Michael Lynn be referred to the DPP to consider a prosecution for criminal contempt.

Mr Lynn, who is believed to be abroad and faces arrest if he returns, is also the subject of "various inquiries" by gardaí, the president of the High Court, Mr Justice Richard Johnson, was told yesterday.

Mr Lynn has estimated liabilities of more than €80 million and has had his practising certificate suspended by the court. He is facing 48 charges of alleged professional misconduct following investigations by the internal disciplinary body of the Law Society.

Shane Murphy SC, for the society, asked the court to refer all the papers in the case to the DPP in connection with criminal contempt proceedings in relation to Mr Lynn's non-attendance in court. The judge said he would do so.

The judge was also told the Garda had filed an affidavit about the steps taken to execute the warrant issued some weeks ago for Mr Lynn's arrest.

David Keane, counsel for the Garda Commissioner, said the affidavit sets out "various inquiries still in train" but his client was very anxious the contents of the affidavit should not be disclosed.

Mr Justice Johnson agreed that the contents should not be made public at this stage but said they might at a later date.

The judge said his comments last week asking what steps had been taken to arrest Mr Lynn were interpreted by some of the media as a criticism of gardaí. "I did not intend to or say it was a criticism of the gardaí and I am aware of the restraints under which gardaí have to work. "

The judge directed that notice of proceedings by the society's disciplinary tribunal relating to 48 charges of alleged professional misconduct against Mr Lynn could be served on him by public advertisement or by service at his home at St Alban's Park, Sandymount, Dublin.

The judge adjourned the case to March 31st when, Mr Murphy said, the society would be in a position to say what progress has been made in the pending proceedings against Mr Lynn.

The court gave permission to Mr Lynn's lawyer, Seán Sexton of PJ Walsh & Co solicitors, to come "off record" in the cases against Mr Lynn.

In separate proceedings, Ms Justice Elizabeth Dunne has allowed Ulster Bank to take steps to sell three properties bought by Mr Lynn as part of a €4.46 million portfolio of apartments and houses in Dublin and Leitrim.

The judge ordered that charges registered by the bank on properties at Corduff Cottages, Blanchardstown, Taylor's Lane, Rathfarnham and Cluin Buí, Carrick-on-Shannon, were "well-charged" against those properties.