Lawlor or his lawyers must clarify absence to High Court

Mr Liam Lawlor TD or his legal advisers have been summonsed to appear before the High Court on Monday to explain his failure …

Mr Liam Lawlor TD or his legal advisers have been summonsed to appear before the High Court on Monday to explain his failure to attend before the Flood tribunal earlier this week.

Mr Justice Smyth yesterday granted the tribunal an order compelling Mr Lawlor or his lawyers to appear before the court on Monday. He also gave leave to the tribunal to serve a special summons on Mr Lawlor through his legal representatives.

The summons compels Mr Lawlor, Somerton, Lucan, Co Dublin, or his solicitor to appear before the High Court on Monday. According to the summons, his failure to do so could mean proceedings being taken against him which the court may consider are "just and expedient".

At the hearing, Mr Lawlor will be asked why he failed to appear before the tribunal last Tuesday when commanded to do so; why he failed to hand over certain documents and records and why he failed to give evidence in relation to these.

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These documents and records relate to any accounts held by Mr Lawlor in any financial institution in or outside the State, either in his own name or jointly held, and into which he made lodgements of money or into which lodgements were made for his benefit.

On June 8th, Mr Lawlor was ordered by the tribunal to produce those records and documents by June 23rd. When he failed to do so, two summonses were issued by the tribunal commanding him to appear before it on October 10th and to bring with him the documents and records requested.

A letter was sent to the tribunal by his legal representatives setting out his reasons for not doing so.

At yesterday's short hearing, the terms of the draft special summons were handed to the judge by Mr Frank Clarke SC, for the tribunal. He undertook to have the summons and a grounding affidavit served on Mr Lawlor's solicitors by 5 p.m. yesterday.

The judge said solicitors for Mr Lawlor had a further 48 hours to serve any replying affidavit before the matter returned to the High Court.

At Monday's court hearing, the tribunal will seek an order compelling Mr Lawlor to comply with its instruction to attend, produce documents and give evidence before it.