A prominent Dublin solicitor is facing criminal proceedings arising out of his failure to turn up to give evidence at the Flood tribunal this week.
The case of Mr John Caldwell, a former partner at Binchys solicitors, is to be referred to the Director of Public Prosecutions, Mr Justice Flood ruled yesterday. Separately, the tribunal will ask the High Court to compel Mr Caldwell to give evidence. Mr Caldwell faces up to two years in jail and/or a fine of £10,000 if the DPP brings a successful prosecution. The High Court may also impose penalties of its choosing.
In yesterday's ruling, Mr Justice Flood also called on the Law Society to consider whether the behaviour of one of its members has "professional implications". "It is a very serious matter when any citizen openly defies a tribunal of inquiry established pursuant to a resolution of the Oireachtas. It is profoundly disquieting when such defiance comes from a solicitor," he remarked.
The tribunal wants to question Mr Caldwell in relation to allegations of payments to politicians and local officials in connection with rezonings at Carrickmines in south Dublin and Portrane to the north of the city. It is also investigating his role in the offshore finances of builders Brennan and McGowan.
Mr Caldwell resigned suddenly from Binchys earlier this month and is now believed to be somewhere in Britain. Two weeks ago, he told the tribunal in a letter that he was no longer an Irish citizen or resident, and no longer held a practising certificate as a solicitor in this State. The tribunal delivered a summons to his address in Killiney but it was returned unopened. A copy sent to his house in the Isle of Man was also returned.
Yesterday, Mr Justice Flood said Mr Caldwell had made "a deliberate decision" not to comply with the summons. He said Mr Caldwell's assertions that he was no longer an Irish citizen or resident or solicitor were "spurious".
He said the affidavit supplied by Mr Caldwell did not even approximate to a proper affidavit. No attempt had been made to comply with the tribunal's orders.
Mr Caldwell concluded his letter rejecting the validity of the tribunal's summons by offering to assist it on "specific matters". However, Mr Justice Flood rejected this offer as "vacuous and devoid of any value". In later evidence, Mr Joe McGowan said he asked Mr Ray Burke in 1985 to find out if Dublin County Council was "seriously behind" the purchase from Canio Ltd of its lands at Sandyford, Co Dublin. Canio, which was owned by Brennan and McGowan and Mr John Finnegan, paid Mr Burke £60,000 in 1984 and £15,000 in 1985.
Asked if he informed Mr Burke that Canio was the same company that had donated so much money to him, Mr McGowan said he did not.
