Members of a Co Tipperary family have claimed that a solicitor improperly influenced a Circuit Court judge's decision in a case involving a disputed will.
Brother and sister Michael and Nora Ryan, Bawnmore, Cashel, and their cousin, John Dalton, Cloughaleigh, Golden, Cashel, have taken a case against Mr Kieran T. Flynn, who has a solicitor's practice at St Michael Street, Tipperary.
The action is being heard by the President of the High Court, Mr Justice Finnegan.
Mr Martin Giblin SC, with Mr Patrick Russell, for the Ryans and Mr Dalton, said the action arose out of Circuit Court proceedings heard in Tipperary by Circuit Court Judge Joseph Matthews in 1998 involving a dispute over a will. The Ryans were unsuccessful in their challenge to the will of their late brother.
Judge Matthews had held that the deceased brother, Patrick (who left his lands to a neighbour), had been sufficiently competent to make the will.
A witness for the Ryans is alleged to have observed Mr Flynn (who was solicitor for the man who inherited the lands) speaking to Judge Matthews.
Mr Giblin said there was no dispute that a conversation took place. However, there was considerable dispute about what was said.
The court would be asked to decide this question of fact and, depending on Mr Justice Finnegan's finding, then certain legal consequences would follow.
Mr Flynn denies he improperly or otherwise discussed the evidence or any evidence in the Circuit Court proceedings as alleged and denies he improperly influenced the judge's decision. He has asked the court to hold that the claims by the Ryans and Mr Dalton are an abuse of the court process, scandalous and frivolous.
Mr Edward Dalton, a cousin of the Ryans and a brother of John Dalton, said a friend of the Ryans' deceased brother had, in evidence before the break in the Circuit Court hearing, referred to the deceased as a man with "the mind of a child; he was led by a silk thread".
Mr Dalton said that, during the break in the case, he was about to park his car when he saw Mr Flynn and Judge Matthews in conversation. The sun-roof of his car was open and he heard Mr Flynn say to Judge Matthews: "Imagine leading that man with a silk thread."
The Ryans and Mr John Dalton claim this alleged conversation had an adverse effect on the decision of Judge Matthews and meant they did not get a fair hearing. They also claim Mr Flynn was overheard discussing in a dismissive way the sworn statement of a witness called on behalf of the Ryans. They allege Mr Flynn improperly influenced the judicial decision.
The hearing continues today.