Dublin West TD Mr Liam Lawlor has launched a last-ditch challenge in the High Court to stave off a further term of imprisonment for failing to co-operate with the Flood tribunal.
Lawyers for Mr Lawlor are expected to call today for a fresh hearing of his case, which would be heard by a new judge. They argue that Mr Justice Smyth no longer has any jurisdiction in the matter.
Meanwhile, an opinion poll published this morning shows Mr Lawlor has little chance of retaining a seat in Dáil Éireann. The poll, conducted by Lansdowne Market Research for the Star newspaper, gives him just 3 per cent of the first-preference votes in the new Dublin Mid-West constituency.
Favourites to take the first two seats in in the constituency are Ms Mary Harney, leader of the Progressive Democrats, and Mr John Curran, a newcomer standing for Fianna Fáil, both on 23 per cent.
The battle for the remaining seat is between Mr Austin Currie of Fine Gael, Mr Paul Gogarty of the Greens and Ms Johanna Tuffy of Labour, all on 10 per cent.
Ms Therese Ridge of Fine Gael has a 9 per cent share.
In the High Court yesterday, Mr John Trainor SC, for Mr Lawlor, argued that the time limit has run out on the original three-month sentence imposed by Mr Justice Smyth last year. Tribunal lawyers should have sought an extension of the limit before last November, but failed to do so, he claimed.
"The Flood tribunal had 10 weeks to complain about Mr Lawlor's affidavit [of last September] but there wasn't so much as a dicky-bird of complaint," Mr Trainor told the court. "They have lost their right to come before his lordship." Tribunal lawyers say the politician is still liable to serve the balance of the sentence if the judge finds him in contempt.
Having spent two weeks in Mountjoy jail over the past year, this means he could receive a further sentence of up to 2½ months.
Both sides will make submissions before Mr Justice Smyth today. Mr Lawlor may appeal to the Supreme Court if the decision goes against him. Lawyers for the tribunal indicated their desire to have Mr Lawlor give evidence in the case.
The TD was again present in the courtroom yesterday.
Mr Justice Smyth ordered Mr Lawlor to serve three months in prison in January 2001, but suspended most of the sentence until November 23rd on condition that he co-operated with the tribunal. The judge ordered him to serve a second week in jail in July 2000 after finding that he was still not co-operating.
However, Mr Lawlor appealed and the Supreme Court hearing was not held until late November. Mr Justice Smyth said it would have been improper to hear any application on the matter while the appeal was in the Supreme Court.
Earlier, Mr Frank Clarke SC, for the tribunal, said there had been a significant number of large round-sum lodgments into accounts held in the name of Mr Lawlor's son, Niall, in the early 1990s. Mr Clarke said these accounts, which contained €409,000 (£322,000) of previously undisclosed money, were of considerable importance to the tribunal.
Some were for amounts as large as £25,000 and £30,000 and one was from Mr Tom Roche of National Toll Roads, who had made other payments to Mr Lawlor.
Mr Lawlor has offered to travel with tribunal staff to Liechtenstein to dispel the tribunal's "misplaced suspicion" about documents from his offshore bank accounts.
