Jackson Way, the English property company under investigation for planning corruption, has said it will no longer co-operate with the Flood tribunal.
English lawyers for the company have told the tribunal it is not prepared to provide the tribunal with documents or affidavits.
Mr Justice Flood said it was "manifestly clear" that Jackson Way had no intention of co-operating with the tribunal. It was quite clear the company was going to obstruct the tribunal's progress. This was a "very serious development".
Jackson Way is currently seeking €47.5 million in compensation from Dún Laoghaire/Rathdown County Council for part of its land at Carrickmines that was compulsorily acquired for the South-Eastern motorway. It has engaged in various sets of litigation with the tribunal and State bodies over the past decade.
The tribunal has now ordered Mr John Caldwell, one of the co-owners of the Carrickmines lands, to give evidence next month on the ownership of the land. The other presumed owner of the land, Mr Jim Kennedy, is refusing to co-operate with the tribunal.
News of Jackson Way's withdrawal emerged yesterday after the company's Irish solicitor, Mr Stephen Miley, informed the tribunal that he no longer represented the company.
Mr Miley, of Miley and Miley, has represented Jackson Way and its predecessor, Paisley Park, for almost a decade. He will continue to represent Mr Caldwell.
Mr Miley said he was no longer in a position to represent the company because the company's English solicitors were not prepared to swear the affidavits of discovery demanded by the tribunal.
Mr Justice Flood sought, and received, an assurance that Mr Miley would not move any documents relating to Jackson Way outside the jurisdiction.
The chairman said he wanted "no nonsense" about the matter. The documents were currently in this country, in the possession of a solicitor who was representing the company. They were the subject of a valid order from the tribunal.
The chairman said he wanted an undertaking from Mr Caldwell and Mr Miley that the documents would not be removed.
The documents would be held while the appropriate authority, such as the courts, resolved the issue of whether the tribunal had a right to access them when Mr Miley was no longer acting for the company.
Mr Ian Finlay, for Miley and Miley, gave an undertaking "as a matter of course" that Mr Miley would give the undertaking.
Counsel said he would take instructions from Mr Caldwell and give a reply to the tribunal this morning.
He said the tribunal had been provided with correspondence setting out the attempts Mr Miley had made to secure compliance with its order.
However, Mr Justice Flood pointed out that Mr Miley had told the tribunal the Carrickmines lands were held "to my order".
Mr Caldwell appeared to be in control of the company and could be expected to produce title documents.
The chairman quoted from a letter to the tribunal from Mr Miley last January, in which it was stated that Mr Caldwell "always exercised complete control" over the land.
All matters were "conducted in accordance with his instructions," Mr Miley also wrote.
Mr Justice Flood said the matter had to be seen in that light. It was not a simple matter of Mr Miley going off record.
