The Dublin West TD, Mr Liam Lawlor, faces a return to prison next Wednesday after the High Court ruled yesterday that he had again failed to co-operate fully with the Flood tribunal.
Jailing him for the second time this year, Mr Justice Smyth said Mr Lawlor had not complied with conditions set last January, when he was imprisoned for a week, with the remainder of a three-month sentence suspended. Imposing a new seven-day sentence and a fine, the judge told him: "The rot has got to stop."
In a short statement afterwards, Mr Lawlor said it had been "a very lengthy judgment" and he and his lawyers would study it carefully today before deciding whether to appeal.
During the hearings, held last week, lawyers for Mr Lawlor argued that he was now fully compliant with his obligations to the tribunal and that, among other things, he had handed over 157 folders of documents since January.
Lawyers for the tribunal insisted he had not supplied it with all the financial documents required. In particular, they said, he had furnished no documentation whatever concerning the 1987 purchase of lands at Coolamber, near his home in Lucan, Co Dublin.
Mr Lawlor said he had had no dealings with the company which bought the 55-acre site, which was later developed, but a solicitor for the tribunal, Ms Maire Anne Howard, told the court: "From information obtained by the tribunal to date, this averment is untrue."
Delivering his reserved judgment in the case yesterday, Mr Justice Smyth said credit must be given for the efforts Mr Lawlor had made since January, even if it was "a task which should have been obvious to him three years ago and one which would have to be faced sooner or later".
He added that quality of discovery was as important, and sometimes more important, than quantity. Without ruling on the particular issues presented at the hearing, it was clear the defendant had not met his obligations in full.
Such serious non-compliance merited several weeks in prison, he added. However, mindful that what might be seen as a "draconian" power should not be used lightly, he had decided a lesser sentence was appropriate.
In addition to his jail term, Mr Lawlor was fined £5,000. He has also been ordered to pay the costs of the latest court hearings, estimated at up to £100,000.
The judge set a new deadline of September 7th for the discovery of all remaining documents.
Mr Lawlor is required to present himself at the prison by 2 p.m. next Wednesday.
