Deputy is at risk of jail for contempt

The legal team for the Flood tribunal is expected to go to the High Court this morning to make an application for a speedy hearing…

The legal team for the Flood tribunal is expected to go to the High Court this morning to make an application for a speedy hearing of the case against Mr Liam Lawlor, who faces jail for contempt of court.

The tribunal is applying to the High Court for attachment and committal for breach of a court order to produce financial documents to the tribunal.

Counsel for the tribunal are expected to apply for a "short service for a committal". If granted, papers would be served on Mr Lawlor who would be given a chance to file a responding affidavit, and the case could be heard this week.

Mr Lawlor was stood down as a witness to the tribunal on Friday by the chairman, Mr Justice Flood, who said it was clear to him that Mr Lawlor had failed to comply with the High Court order, both on the extent of documents discovered and the evidence he had given.

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There is a slight chance, because of the Christmas recess, that the case may be put off until January.

Sources close to the deputy said yesterday there may have been "misunderstandings" between himself and the tribunal, and if the High Court order was not fully complied with this was not intentional.

Legal sources explained yesterday that a committal order was not a punishment but a legal instrument to force a person "to do what they should be doing". However, if found in breach of the High Court order Mr Lawlor would be found in contempt of court and could face jail until he purged himself of that contempt.

The Fine Gael deputy, Mr Jimmy Deenihan, has called for an emergency meeting of the Oireachtas Committee on Finance and the Public Service, to debate a motion of no confidence in Mr Lawlor. He is vice-chairman of the committee, a post which pays £5,000 a year in addition to his Dail salary.