Jackson Way, the English company whose land at Carrickmines is central to the current module of the Flood tribunal, is refusing to co-operate with orders of discovery, it emerged today.
Jackson Way is seeking €47.5 million in compensation from Dún Laoghaire/Rathdown county council over the compulsory purchase of part of its holding for the South-Eastern motorway. It had originally sought €116 million.
The revelations came during a lengthy and often heated exchange between the tribunal chairman, Mr Justice Feargus Flood and Mr Ian Finlay, SC, who was representing Jackson Way and one of its owners, Mr John Caldwell.
Mr Finlay informed the tribunal this morning that Mr Stephen Miley, of Miley & Miley Solicitors was no longer representing the company.
He said the Dublin solicitor had been informed by Jackson Way's English lawyers that it was not intending to furnish documents or affidavits demanded by the tribunal, and was withdrawing its co-operation with the inquiry.
Mr Finlay said he and Mr Miley would continue to represent Mr Caldwell, however.
Mr Justice Flood said he was not satisfied with this situation, particularly as "Mr Caldwell has stated he is the beneficial owner" of Jackson Way. The chairman said he was anxious to discover "for once and for all" who had ultimate control of the company. He said it was now "manifestly clear" that person was seeking to obstruct the tribunal.
"We will, in due course, clarify who actually owns the premises," he said.
He demanded that all requested documentation held by either Mr Miley and Mr Caldwell be submitted immediately.
"Let's have no nonsense about this," he said. "These documents are currently in the country." He said he was concerned the documents do not leave the jurisdiction until they are dealt with by the appropriate authorities.
"I will be extremely annoyed if there is any attempt to interfere with that situation," the chairman added.
There would be no attempt to secret any evidence from the country, Mr Finlay promised, saying "that situation was never envisaged". He said six Lever Arch binders filled with files relating to Jackson Way had already been delivered to the tribunal, but all other evidence will be considered and produced if relevant to this module.
Mr Justice Flood initially summonsed Mr Caldwell to appear in Dublin Castle to explain the position tomorrow afternoon, but changed his mind to allow Mr Finlay until tomorrow morning to seek assurances from his client that he would comply with the order.
He ordered Mr Caldwell to appear next month.
