The Flood Tribunal was given leave by the High Court yesterday to serve a summons on a Dublin solicitor, Mr John Caldwell, seeking to compel him to give evidence before the tribunal. The case is to come before the High Court again on Wednesday next.
A decision to take proceedings against Mr Caldwell in the High Court was announced by the chairman of the tribunal, Mr Justice Flood, on Friday last following the solicitor's failure to appear before the tribunal and give evidence.
The tribunal wants to question Mr Caldwell over allegations of payments to politicians and local officials in connection with rezonings in Carrickmines and Portrane, Co Dublin. It is also investigating his role in the offshore finances of builders Brennan and McGowan.
Last month, Mr Caldwell resigned from Binchy's Solicitors and is now believed to be out of the country. He told the tribunal in a letter some weeks ago that he is no longer an Irish citizen or resident. A tribunal summons which was delivered to his address in Killiney, Co Dublin, was returned unopened.
Yesterday, Mr Frank Clarke SC, for the tribunal, contended Mr Caldwell had been properly served and had refused and failed to attend before the inquiry. It was not a question of attending the tribunal and not answering.
A fax had been received by the tribunal from Mr Caldwell yesterday giving an address in Douglas, Isle of Man, counsel added.
In the fax, Mr Caldwell asserted he was not a citizen of or resident in Ireland and that no valid summons had been issued or served on him. He requested that any order made be faxed to him.
Mr Clarke said yesterday's application was part of the logistics to get the proceedings "up and running".