A solicitor, Mr John Caldwell, has agreed to an order that he appear before the Flood tribunal to give evidence on October 31st and later times to be decided by the tribunal, the High Court was told yesterday.
The tribunal was given leave earlier this month to serve a summons on Mr Caldwell seeking an order to compel him to give evidence before it.
When the case came before Mr Justice Smyth yesterday morning, he was told Mr Caldwell was consenting to appear before the tribunal. The case was adjourned until the afternoon when counsel for Mr Caldwell confirmed his client was consenting to an order to attend the tribunal on October 31st and afterwards as might be determined by the tribunal in relation to matters raised in a tribunal order of March 30th last.
Mr Ian Finlay SC, for Mr Caldwell, said when the tribunal had sought Mr Caldwell's attendance, his client formed the view its procedures were defective in a number of respects. Mr Caldwell had written directly to the tribunal in that regard. He believed he had legitimate grounds to challenge the witness' summons.
When the tribunal later began its proceedings, Mr Caldwell had received advices that he was perfectly entitled to challenge them.
However, after careful consideration he would facilitate the tribunal and consent to the application before the court.
Mr Caldwell was not in court but was represented by Mr Stephen Miley, of Miley and Miley, solicitors, and Mr Finlay.
Mr James Connolly SC, for the tribunal, said the tribunal was to recover from Mr Caldwell the costs of the court application and order.
Mr Justice Smyth, approved the order in the terms as agreed between the parties.
The tribunal wants to question Mr Caldwell over allegations of payments to politicians and local officials in connection with rezonings in Carrickmines and Portrane, Dublin. It is also investigating his role in the offshore finances of builders Brennan and McGowan.