The solicitor acting for an English property company which allegedly paid money to secure land rezoning in south Co Dublin yesterday refused to name the people who had given him instructions.
The reason for his refusal, he said, was that such information was protected by solicitor/client privilege.
However, Mr Stephen Miley did hand over a range of files and documents he had in relation to Jackson Way Properties. He was given an undertaking by Mr Justice Flood that they would be secured in a safe and not examined until the tribunal had heard submissions from his counsel next week in relation to whether some of them were privileged.
Mr Miley, who attended the tribunal on foot of a summons, said he was retained by Jackson Way Properties as its solicitor in October 1994. He said he regretted he was unable to co-operate, but had been advised the information sought by the tribunal was confidential.
He added that some of the documents he was handing over contained commercially sensitive information and he took exception to being asked for them.
Counsel for the tribunal, Mr John Gallagher, said it was not seeking any information on the advice given by Mr Miley as a solicitor. He said Jackson Way Properties was a company incorporated outside the jurisdiction, but the people involved might live within the jurisdiction.
He added that the tribunal was investigating whether money was paid by Jackson Way Properties or its predecessor, Paisley Park Investments, a company incorporated in the Isle of Man in May 1987 and liquidated in March 1992, for the rezoning of lands at Carrickmines, Co Dublin.
Mr Gallagher said that Jackson Way Properties became owner of the lands when Paisley Park Investments was liquidated.
He put it to Mr Miley that his claim that the information sought was protected by solicitor/client privilege did not stand up.
Mr Martin Hayden SC, for Mr Miley, submitted that his client was not an expert in this area. Whether privilege existed or not should be a matter of legal argument between counsel on both sides in due course, he said.
To further questions from Mr Gallagher, Mr Miley said he had received instructions from his clients on Friday last to the effect that he should not disclose the names of people who instructed him on behalf of the company. Asked for the reason given by his clients, he said he was not in a position to answer that question.
A decision on whether the information sought is governed by privilege was adjourned to next Tuesday and Mr Hayden was given until 11 a.m. on Friday to make his submission.
Meanwhile, Mr Justice Flood extended to Friday next the period of time given to an architect, Mr Ambrose Kelly, to comply with an order of discovery for documents relating to the Quarryvale development. Some of the documents have already been produced.