THE HIGH Court has agreed to allow disgraced solicitor Michael Lynn to give evidence via video link from Hungary in a case being taken by one of his former clients against First Active over the collapse of a building group.
The decision by Mr Justice Frank Clarke means Mr Lynn can testify in the case without having to return to Ireland where he faces arrest for contempt of court arising from a separate legal action taken by the Law Society.
Mr Lynn has refused to return to Ireland to give evidence in person because of the outstanding High Court arrest warrant.
Mr Justice Clarke said it was "hardly surprising" that Mr Lynn did not want to return to testify in person, given that he was in contempt of court for failing to appear in court last year and that he could be the subject of a Garda investigation if he returned.
While this was a complex case involving a great deal of documentation, there were logistical reasons why it would be better if Mr Lynn came to Ireland to give evidence, the judge said, but to refuse to allow him to give video-link evidence would lead to an injustice on the Cunningham Group and that consequence would be "disproportionate".
The judge said he should not take the view, as argued by First Active, that Mr Lynn's evidence would not be relevant to the issues which the court has to determine.
The court heard previously that Mr Lynn has said he is prepared to give evidence in Budapest by live video link. He is reported to have travelled to Hungary, Bulgaria and Portugal in recent months.
The case has been listed for mention again on September 19th, but Mr Lynn's evidence is expected to be heard shortly after the trial resumes on October 7th.
Mr Cunningham is suing First Active over the bank's decision to appoint a receiver to the group in 2003 over debts of more than €30 million. Mr Lynn represented the group prior to the receivership.
Counsel for Mr Cunningham had argued that film director Roman Polanski had been allowed to testify via video link from Paris in a successful libel action in London because he feared that if he returned to England, he would be arrested and extradited to the US where he is wanted on charges of having sex with an underage girl dating back to 1977.
Lawyers for Mr Cunningham argued that Mr Lynn's fugitive status put him in the same situation as Polanksi because he could not otherwise be compelled to give evidence. First Active opposed the application.
The judge said this action was different from the Polanski case as Mr Lynn was neither a plaintiff nor defendant in the Cunningham case; he was "purely a witness".
Mr Justice Clarke said that while Mr Lynn acted as the group's solicitor, far from being a close associate of Mr Cunningham, he was "at odds" with him and not connected to him.