The Dublin West TD, Mr Liam Lawlor, will ask the Supreme Court today to hear an appeal against a High Court decision to continue hearing proceedings in which the Flood tribunal is claiming he has failed to provide sufficient records of his financial transactions.
In the High Court yesterday, Mr Justice Smyth rejected arguments by lawyers for Mr Lawlor that the proceedings should be halted because they were being pursued under a court order which was "spent". The order had imposed a three-month sentence on him.
After considering submissions from both sides, Mr Justice Smyth said his concerns had been met about the status of the order and he directed the hearing of the tribunal's complaints to continue.
Mr John Trainor SC, for Mr Lawlor, asked for an adjournment to consult his client. It emerged that Mr Lawlor intends to challenge the High Court finding. It is expected the Supreme Court will be asked today to fix a date for the hearing of Mr Lawlor's appeal.
Earlier, Mr Trainor had argued the High Court proceedings could not continue. If the tribunal still wanted to take action over Mr Lawlor's alleged refusal to give financial information, a new action would have to start before a new judge, he said.
Mr Frank Clarke SC, for the tribunal, contended the present phase of the inquiry before the High Court was not flawed.
The arguments about whether the proceedings could continue surfaced on Tuesday when Mr Lawlor's legal team questioned the status of an order relating to a three-month sentence imposed on him last year. Mr Lawlor has served two one-week jail periods.
Early last year the court decided that Mr Lawlor was in contempt of orders to supply the tribunal with documents. The balance of the sentence was suspended until last November 23rd. Mr Trainor argued the tribunal had failed to seek an extension or a postponement of the balance of the suspended sentence beyond November 23rd and therefore the court order was spent.
Mr Clarke said the case was to have been listed for November 23rd but came before the court on the next working day. Mr Lawlor's entitlement to claim he should not serve the balance of the sentence was conditional on him complying with the orders of the court, and the court was aware Mr Lawlor had not met the conditions imposed on him.
Giving his decision, Mr Justice Smyth said he had been considering the matter since receiving the papers in the case last Friday. His concerns had been addressed and he would direct that the matter proceed as constituted at present.
He had wished to afford Mr Lawlor's lawyers the opportunity of addressing the court on the jurisdictional procedure, the judge said. He appreciated Mr Trainor's assistance, but was persuaded by Mr Clarke's argument.
He said he "noted in law that context was all". He had also considered the judgment of the Chief Justice, Mr Justice Keane, in the Supreme Court last December 12th - which upheld the High Court decision to impose a further jail term on Mr Lawlor.
Dealing with concerns expressed by Mr Lawlor's lawyers about Mr Justice Smyth himself hearing any fresh proceedings, the judge said that matter did not arise. These proceedings and his involvement were not matters of choice by him. He added that the extensive knowledge gained and his own insight into the parties to the proceedings had enabled him to deal with the matter last July 31st. As in earlier litigation when this issue arose, he had spoken to the President of the High Court and was satisfied to proceed.