Lynn provides witness statement as former client sues First Active

MISSING SOLICITOR Michael Lynn has, in a surprise move, provided a witness statement within the last month to a former client who is taking legal action against First Active.

Mr Lynn has not since last year filed any papers or made any representations in the High Court cases taken against him by various financial institutions.

However, Mr Lynn has in recent weeks provided a statement to the London solicitor who is representing the construction group owned by Galway builder Brian Cunningham in its case against First Active.

Mr Cunningham is seeking damages over the bank's appointment of a receiver to his building group in 2003 on the back of loans totalling about €30 million to the group.

Mr Lynn's decision to provide a statement in the case is unusual given that Mr Cunningham took a legal action against the solicitor last year relating to fees paid to Mr Lynn when he acted for the building group in the sale of a property in Dublin in 2002.

Mr Lynn is also being sued by First Active in relation to other loans provided to him personally. The bank obtained a judgment against Mr Lynn for €5.1 million last year.

Mr Cunningham's solicitor, Ray St John Murphy of London firm Merriman White, said Mr Lynn contacted his office last month to say he was prepared to help Mr Cunningham in his case.

Mr Lynn later contacted Merriman White again and faxed the London practice 18 pages detailing his involvement in the group leading up to the appointment of the receiver. His statement has been submitted in the case. It is described as "a précis of evidence to be given by Michael Lynn".

Speaking to The Irish Timeslast week, Mr Murphy said: "Around three weeks ago he called up the office and left a message saying that he was prepared to help. I responded and asked him to put it in writing." Asked if he knew or queried where Mr Lynn was, Mr Murphy said he had not asked him.

Mr Murphy said Mr Lynn was heavily involved in the building group in the run-up to the appointment of the receiver. "He is a central player in it. How that will fall in light of his other difficulties will be another matter," he said.

A spokeswoman for First Active said she was unable to comment. The bank is vigorously defending the action.

Mr Lynn owes Irish financial institutions more than €80 million. His current whereabouts are unknown and a court order for his arrest has been in place since he failed to appear in court for cross-examination last December.

It is not clear if Mr Lynn will return to Ireland to give evidence in the case as he faces arrest if he returns to Ireland under the outstanding court order. Mr Murphy said Mr Lynn's decision to make a statement would indicate he was willing to give evidence.

The Cunningham case against First Active is scheduled to be heard by Mr Justice Frank Clarke over several weeks, starting at the end of April. A case management conference in advance of the trial will take place on April 1st.

Mr Murphy said he gave legal advice to Mr Lynn before Christmas in relation to his own cases. Mr Lynn is being sued by the Law Society and Irish financial institutions, and is the subject of a Garda investigation over his property and financial dealings.

Mr Murphy said he gave Mr Lynn "a second opinion" on his cases. Merriman White has not, however, come on record to represent Mr Lynn and the Dublin-based solicitor has had no legal representation since his second solicitor, Seán Sexton of PJ Walsh & Co, came off record last January.

Mr Murphy said he would not be able to represent Mr Lynn as there would be a conflict given that he was representing Mr Cunningham and that Mr Cunningham was suing Mr Lynn in a separate case.

Lynn's wine: collection for sale

An extensive wine collection belonging to Michael Lynn will come under the hammer in Dublin next week.

Herman and Wilkinson auctioneers will be selling the millionaire's bottles at its sale rooms in Rathmines in Dublin.

Managing director David Herman said: "The items are expected to be delivered on Tuesday and will be available for public viewing on Wednesday afternoon. They will go before auction on Thursday morning. We haven't seen the wine collection yet so we don't know what is involved."

The Dublin City Sheriff's Office is disposing of the wine after seizing it from Mr Lynn's luxury home in Sandymount.