A High Court judge has asked the Garda to investigate whether a businessman who failed to attend court yesterday is either dead or seriously ill.

Mr Thomas O'Keeffe, with an address at the Sweepstakes, Ballsbridge, Dublin, has been directed by the court to answer questions about monies alleged to have been given to him to invest on behalf of clients, including professional golfer, Mr Des Smyth.

Last Wednesday, the President of the High Court, Mr Justice Finnegan ordered Mr O'Keeffe to be in court yesterday. If he was not fit to appear, a medical certificate would not be sufficient, the judge said.

Mr O'Keeffe would have to present the court with a sworn medical statement.

When the matter came before Mr Justice Kearns yesterday he was told by Mr Brian Dempsey SC, for Mr O'Keeffe, that his solicitor had received a message that morning from an unidentified third party that Mr O'Keeffe had passed away as a result of cardiac failure. Mr Dempsey said every effort was being made to seek confirmation of this message.

There were circumstances which could lead one to believe there was substance in the report, he said. Mr O'Keeffe, it was thought, had suffered from a very serious cardiac condition since 1998.

The court adjourned when Mr Justice Kearns asked if the report could be confirmed.

From his recollection of having dealt with the case on another occasion, Mr O'Keeffe had a daughter residing in Ballsbridge, the judge said. Mr Dempsey said every effort had been made to obtain confirmation including contact with hospitals and the Garda.

Mr O'Keeffe was not normally resident in Ireland and his address had high security and was not normally accessible.

Following the adjournment, Mr Dempsey told the court there had been no confirmation of Mr O'Keeffe's death.

The first phone call regarding his death had been received from a person who had wished to remain anonymous. A second phone call was from a Mr Kingston who said he was a best friend of Thomas O'Keeffe and he had related what was alleged to be a conversation between a third party and Mr O'Keeffe.

The third party had told Mr Kingston that Mr O'Keeffe was very unwell and that Mr O'Keeffe had said something like he was not going to court.

Mr Charles Meenan SC, for six investors, including Mr Smyth, who are trying to recover €700,000 said if Mr O'Keeffe died from cardiac failure there would have to be a death certificate and in certain circumstances the Garda might be informed.

Mr John Trainor SC said he represented a US investor, Mr John O'Neill, who is seeking recovery of $5 million (€5.5 million) which he alleges he gave to Mr O'Keeffe. The judge said he would not do anything before today but if the matter had not resolved itself by then, an order for attachment would have to be made.