FUGITIVE SOLICITOR Michael Lynn has for the second time pulled out of giving video-link evidence in a High Court action next Tuesday, again citing illness.
It looks unlikely now that he will give evidence in the case.
Mr Lynn was due to give evidence by video-link from London next week in the trial of the multi-million euro High Court action taken by Mr Lynn’s former client, Galway builder Brian Cunningham, against First Active over the collapse of his construction business, the Cunningham Group, in 2003.
However, Mr Lynn left a message at the offices of Mr Cunningham’s solicitor, Ray Murphy of London law firm Merriman White, late on Thursday to say that he would be unable to give evidence as scheduled next Tuesday.
Mr Lynn had originally been due to give video-link evidence from London on Friday, October 10th.
That hearing was postponed until next Tuesday as the court was told that Mr Lynn, who was in Portugal at the time, was unable to travel because he had the flu.
At a court hearing earlier last month, it transpired that Mr Lynn had initially said the reason he could not attend to give evidence was because of a celebration on October 7th to mark his birthday.
Public records filed for Mr Lynn’s companies in Dublin, listing his date of birth, show that he turned 40 on September 30th.
Mr Justice Frank Clarke, presiding in the Cunningham case, agreed last July to allow Mr Lynn to give the video-link evidence.
Mr Lynn faces arrest if he returns to Ireland as there is an arrest warrant outstanding over his failure to appear in court last year in relation to property and business dealings for which he owes mortgage debts of more than €80 million to 11 financial institutions.
It has emerged that Mr Lynn sought a significant sum of money from the Cunningham Group – greater than the cost of witness expenses covering his airfares to and from London, and the cost of his accommodation in the city.
Expert witnesses are allowed to seek a fee in court cases.
However, the Cunningham Group was only willing to cover his expenses, which is permitted by the courts.
Mr Lynn, who had been due to give evidence over three days, acted as solicitor for the Cunningham group before the appointment of a receiver to the business over loans totalling more than €30 million.
The case continues next week when other evidence will be heard.
Mr Lynn is the subject of a Garda investigation arising from his own property dealings.
Mr Lynn has not had any legal representation in the various High Court cases taken against him since his second solicitor came off record at the start of this year.
It has emerged that solicitor Bobby Eagar of Dublin firm Garrett Sheehan Co had some contact with the Garda on Mr Lynn’s behalf.
However, Mr Eagar has not come on record as his solicitor.
