The Swedish member of the European Investment Bank's board of directors said yesterday he did not think he would be in a position to vote on time as voting closes today on the nomination of Mr Hugh O'Flaherty as vice-president of the bank.
The nomination could be deferred for another month, causing further embarrassment to the Government.
The deadline for a postal vote by the 25 EIB directors on the nomination is close of business today. But the EIB chief economist and spokesman, Prof Alfred Steinherr, said last night that if there was a poor vote response, the matter may have to be deferred to a full meeting of EIB directors scheduled for September 19th.
Indications last night were that some directors had still not made up their minds on the vote. The Swedish member of the board of directors, Mr Sven-Olof Johansson, told The Irish Times he was just back from holiday and had not had time to read the file on the nomination.
The file includes letters and emails from the Irish public complaining about the nomination as well as media clippings and details of other people proposed for the position.
"I simply have not had time to study all the material, and I don't think I will be in a position to vote on time," Mr Johansson said. He was not sure if today's deadline was "hard and fast" and whether his vote could be accepted late next week. "Many people have been on holiday, and logistically I think this deadline will be a problem for other directors as well."
The German member of the board of directors, Mr Gerd Saupe, said earlier this week that he had to consult fellow EIB directors on how best to proceed with the vote on Mr O'Flaherty's candidacy for the post.
However, yesterday he refused to say if he would be voting on the matter today or what decision he had come to. "This is a very delicate and confidential matter. I am sorry but I cannot reveal to you what we will be doing."
The British member on the board of director, Mr Tony Faith, told The Irish Times he was waiting to hear from the Treasury as to how he should vote.
Prof Steinherr said yesterday that the nomination of Mr O'Flaherty would be passed on to the EIB board of governors only if enough votes came in. "And it does not look that way," he added.
He said at least 13 of the 25 directors needed to vote in favour of the nomination. However, even if the bare minimum of favourable votes was received, Prof Steinherr said, in his view that would not be the end of it. He would assume the matter could go to the meeting of directors in September.
Prof Steinherr confirmed that the EIB's chief legal adviser was studying a letter from Mr Denis Riordan, in which he said he would seek to take an injunction against the board of directors if they went ahead with today's vote.
It was learned last night that Mr Riordan sent another letter to the secretary-general of the EIB, Mr Francis Carpenter, yesterday in which he called into question the validity of EIB decisions affecting loans, securities, bonds and investments due to the "proposed improper and illegal methods of ratifying the purported nomination of the vice-presidential candidate".
Mr Riordan said acting in this "improper and illegal way" would be evidence of "endemic illegality which permeates the entire actions of the board of directors and board of governors".
In the letter Mr Riordan said he intended drawing the matter to the attention of international financial institutions.
The Fine Gael leader, Mr John Bruton, said last night that any decision on the nomination should be made collectively by the board of the EIB and not by way of a postal vote.