Haughey drops legal challenge to tribunal and resumes evidence

The former Taoiseach, Mr Charles Haughey, has dropped legal challenges to the ruling that he must continue to testify to the …

The former Taoiseach, Mr Charles Haughey, has dropped legal challenges to the ruling that he must continue to testify to the Moriarty tribunal in spite of poor health. He has resumed giving evidence in private in a room in Dublin Castle.

Meanwhile, lawyers for Mr Liam Lawlor yesterday appealed to the High Court not to jail him for alleged failure to cooperate with the Flood tribunal.

While he awaits a ruling on the matter the West Dublin TD has defiantly signalled his intention to go from the Four Courts to Leinster House today and challenge efforts to remove him as vice-chairman of the Oireachtas Finance and Public Service Committee.

Mr Lawlor said last night he intended to address the meeting. He asked the committee chairman, the Fianna Fail TD, Mr Michael Ahern, to delay the meeting until this afternoon so he could attend after the court case.

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Asked how he thought his Fianna Fail colleagues would vote, Mr Ahern said: "I don't know whether it will come to a vote or not. We have to wait and see on that. I don't think it would be right of me as chairman to speculate on that."

The Fine Gael-tabled motion is likely to be carried with the support of the Progressive Democrats representative on the committee, Mr John Dardis, and that of the Independent senator, Mr Joe O'Toole. Both have indicated they will vote with the Opposition.

In the Moriarty inquiry it is understood Mr Haughey attended in private on Tuesday and again yesterday. He is being questioned about the Fianna Fail party leader's account. Cheques made out to Fianna Fail were lodged to the account and the funds later withdrawn to defray personal expenses incurred by Mr Haughey.

Mr Justice Moriarty had ruled that Mr Haughey must give evidence for one hour a day, four days a week, in a private room in Dublin Castle. Mr Haughey is being questioned in front of Mr Justice Moriarty, and the transcript will be read into a public record at a later date.

On Mr Lawlor's case in the High Court, Mr Justice Smyth heard claims that Mr Lawlor did not really intend to breach the High Court order for him to cooperate with the tribunal.

Mr Lawlor conceded in an affidavit that he "totally misinterpreted" the order but said he had worked almost constantly since mid-December to gather the documents sought by the tribunal. "He got it wrong but he'll put in right," Mr John Rogers SC, for Mr Lawlor, explained.

Mr Rogers said Mr Lawlor was not trying to "buck" the court. Mr Lawlor has prepared 42 boxes of financial information and other documents for the tribunal, it emerged. These include details of £1.5 million of receipts covering the period 1973 to 2000, as well as a schedule of political donations to the TD over the same period.

It is claimed these lists cover most of the £2.6 million which the tribunal said last month was unaccounted for. The tribunal estimated Mr Lawlor's accumulated income at £4.6 million.

Lawyers for the tribunal will respond to Mr Rogers's arguments today. Earlier, Mr Frank Clarke SC, for the tribunal, said there had been a "conscious, deliberate and significant" failure by Mr Lawlor to comply with the court order. Even if Mr Lawlor was now "playing ball", there was a "historical contempt" arising from his failure to co-operate and it would be premature to ignore this.

Mr Clarke did not specifically call for Mr Lawlor to be jailed but he said this failure should not go unmarked. Mr Justice Smyth is expected to reserve judgment when the case concludes today.