BANK OF Ireland may not proceed with its bid to have solicitor Brian O’Donnell and his wife Mary Patricia jailed for alleged contempt of court if they continue to provide information about their financial position, the Commercial Court was told yesterday.

Mr Justice Peter Kelly was due to hear the bank’s application for their attachment and committal to prison for alleged failure to comply with an order that certain documents be provided to it.

The bank wants the documents to assist in determining the couple’s exact financial status in its ongoing efforts to enforce a €75 million judgment obtained against them last December over unpaid loans for property investments.

The documents were sought by B of I arising from answers given by Mr O’Donnell during his five- day examination before the Commercial Court earlier this year about his assets.

Paul Gardiner SC, for Bank of Ireland, said yesterday there had been progress recently in relation to the provision of documents and more had been provided yesterday morning.

Mr Gardiner asked the judge to facilitate the parties with an adjournment as the bank was hoping to analyse the accounts involved to see “whether we can trace monies placed by Mr O’Donnell”.

Mr Gardiner asked that the case be listed for mention on October 22nd. If the couple continued to assist the bank, “it may be possible to strike out the matter”, he said.

Mr Justice Kelly agreed to the adjournment after saying the bank was entitled to time to consider the material supplied.

The O’Donnells, who were not in court, were represented by Ronan Lavery QC who said he agreed with Mr Gardiner.

The committal-to-prison application arose after B of I said it had not got the documentation from the O’Donnells it had looked for.