VETERAN rock star Jerry Lee Lewis had deliberately ignored an order to appear before the court, lawyers for a German concert promoter claimed in the High Court yesterday.
The promoter is suing Mr Lewis for damages, claiming he failed to turn up for a Munich concert in January 1993. Mr Lewis (61) is being sued in Ireland because at the time he was living at Westminster Road, Foxrock, Co Dublin.
He denies the allegations made by Neue Constantin Film Productions GmbH and says that if agents organised the concert, they had no authority to do so.
The German promoters claim they were entitled to judgment against Mr Lewis for $81,000 and an assessment of special damages.
Mr Justice Kelly told lawyers for Mr Lewis their client should be contacted overnight. If the lawyers were in a position to indicate that Mr Lewis was prepared to comply with certain terms it would affect his (the judge's) view. The case will come before the court again today.
The terms are that Mr Lewis lodge $100,000 in the court not later than 5 p.m. next Tuesday; that he pay the German promoter's legal costs to date; and that there be an affidavit naming all the documents in Mr Lewis's possession relevant to the action.
Mr Justice Kelly said this affidavit should be made by Mr Lewis together with his US attorney, and both should make themselves available for cross examination in the court in relation to the documents they produced. That cross examination should take place before the end of July.
Last week the judge refused Mr Lewis's application for an adjournment of the case and said Mr Lewis should attend yesterday's hearing or face the consequences. It was stated that Mr Lewis suffered a heart attack six months ago.
A US doctor's report handed into court yesterday said the additional stress of having to give testimony would be hazardous for Mr Lewis. It was important to do everything possible not to subject him to stress.
Ms Adrienne Bergin, a solicitor for the German promoter, stated in an affidavit that despite the medical report it appeared Mr Lewis had, in fact, been undertaking quite extensive travel and had performed concerts in a number of venues since the medical report. It also appeared Mr Lewis was planning to continue concert tours during the coming summer.
Mr Brian Murray, counsel for the German promoter, said his client had been stonewalled and treated with contempt by Mr Lewis. In the light of his medical adviser's report it was remarkable that Mr Lewis, a 61 year old, had been perfectly capable of giving energetic and latenight concert performances.
Mr Murray submitted there had been a conscious and deliberate attempt by Mr Lewis to evade coming to court. It was a case of ignoring a clear order of the court.
Mr Bernard Quirke, counsel for Mr Lewis, said the star's US attorney, Mr David M. Monypeny, was willing to swear an affidavit in the broadest terms in relation to the discovery of documents. It was accepted that the previous affidavit of discovery was incomplete.
Mr Monypeny, who is also Mr Lewis's business partner, was also willing to come to Ireland for cross examination.
Mr Quirke said his client denied it was his signature on certain documents relating to the Munich concert. It was striking that at no stage did the promoter deal with Mr Lewis himself.
Mr Justice Kelly said there had to be an explanation of how Mr Lewis's medical adviser had informed the court on April 3rd last that Mr Lewis should rest for four to six weeks. But, far from staying in bed, Mr Lewis had been prancing around the stages of Toronto and Massachusetts.