The failure of Mr Liam Lawlor to comply with the tribunal's orders to appear to give evidence and produce documents yesterday is to be referred to the Director of Public Prosecutions to decide whether any offence has been committed.
The chairman said he would also instruct the tribunal solicitor to apply to the High Court for an order that Mr Lawlor comply and appear at the tribunal and produce documents.
Mr Justice Flood said the summonses were issued by him where he considered it necessary to do so against a very unsatisfactory background.
"Despite repeated attempts to do so, I failed to secure any meaningful co-operation from Mr Lawlor on a voluntary basis in providing the tribunal with documents and records." In addition, the June 8th order for discovery and production of documents was not complied with.
The chairman said he had considered the arguments made in the correspondence by Mr Lawlor's solicitors and he was satisfied the orders were validly made. In his view, the argument based upon non-compliance with the rules of the superior courts was not sustainable.
"A citizen cannot decide for himself to ignore a summons because, in his opinion, the summons is invalid," he said.
"I have also decided to refer the fact of Mr Lawlor's non-compliance with the order for production and discovery of documents dated June 8th, 2000, and his failure to answer both summonses of September 21st, 2000, to the Director of Public Prosecutions for his consideration as to whether an offence or offences . . . have been committed," the chairman said.
"I also note with very considerable regret that Mr Lawlor's legal advisers, his solicitor and counsel, have not the courtesy and professionalism to come in here this morning and advise me personally of their client's instructions."