THE Dublin West TD, Mr Liam Lawlor, was given a "breathing space" by the Supreme Court yesterday in his attempts to bring an appeal against a High Court order to appear at the Flood tribunal within two weeks and provide documents to it within a given timescale.
Part of the High Court order was to produce documents by next Tuesday, covering the period since June 16th, 1977. After hearing submissions on behalf of Mr Lawlor yesterday, the Supreme Court extended the deadline for the documents to be produced to November 7th.
Mr Lawlor is bringing an appeal against the order made by Mr Justice Smyth last Tuesday. This stipulated that he must appear before a public sitting of the tribunal by November 7th and produce documents.
Lawyers for Mr Lawlor are likely to go back to the Supreme Court next week to seek a date for the hearing of his appeal.
Yesterday Mr John Rogers SC, for Mr Lawlor, told the court Mr Lawlor was seeking a stay on the High Court's order. Part of the discovery order required some documents to be made available by next Tuesday. That was the most urgent part of the discovery order, and other things "turned on that".
Mr Bryan Murray, for the tribunal, said he was instructed to resist any application for a stay on any part of the High Court order. The matter had had a lengthy history and went back to orders for discovery made in April 1999 which, his client stated, were not complied with.
Mr Justice Murphy, presiding, and sitting with Mr Justice Murray and Ms Justice McGuinness, said the court would grant a oneweek stay on that part of the order directing discovery within a week from Tuesday next. Effectively, this gave Mr Lawlor's side another week to consider the position and bring any application.
Under the High Court order Mr Lawlor has to provide the tribunal with documents and records for the period beginning June 16th, 1977, to date within a week of last Tuesday. Discovery for the period from June 18th, 1974, to June 17th, 1977, is to be made within three weeks of last Tuesday.
If the tribunal decides it is necessary for the fulfilment of its functions to have Mr Lawlor's documents for the years before June 18th, 1974, it may extend the timeframe to his documents from October 1st, 1964. In that event, Mr Justice Smyth decided, Mr Lawlor would have four weeks to comply, or such further time as may be agreed between the parties.