The Flood tribunal was not to be trifled with, Mr Justice Smyth declared in the High Court in Dublin yesterday when he sent Mr Liam Lawlor to prison for the second time.
The Dublin West TD was ordered to serve another seven days in jail from August 8th for failing to provide the tribunal with all the financial records it has sought from him. He was also fined an additional £5,000.
Last January Mr Lawlor served seven days in prison and was fined £10,000 with costs estimated at almost £200,000, after the court found he was in contempt of it, in that he had not complied with its orders.
At the time Mr Justice Smyth imposed a three-month sentence but suspended all except seven days of it on condition the TD provided the tribunal with further documentation.
The tribunal subsequently complained to the High Court that Mr Lawlor had not provided it with all the documents it was seeking. Mr Lawlor disputed that claim when the matter came to hearing in the court last month.
After giving his reserved judgment yesterday, the judge ordered Mr Lawlor to pay the costs of the latest hearings, estimated at £100,000. He refused to put a stay on the order for costs in the event of an appeal.
Mr Lawlor is to consult his lawyers about whether he should appeal yesterday's judgment.
The proceedings have been before the High Court several times since January, with the tribunal arguing that Mr Lawlor had not fully complied with his obligations to it.
Mr Lawlor stated that, in the circumstances, he believed he had now complied in full with his discovery obligations.
In his judgment, Mr Justice Smyth rejected that contention. In his view, the conditions laid down for compliance with the court order had not been met and "the rot has got to stop". The judge directed that Mr Lawlor be committed to serve seven days in prison starting at 2 p.m. on Wednesday, August 8th.
This was a period when the Dail would not be in session.
He also ordered Mr Lawlor to pay by August 14th a fine of £5,000 for his non-compliance. If the sum was not paid by then, interest would accrue at the rate of 8 per cent. If the fine was not paid by August 31st, Mr Lawlor would be committed to prison for a further month from September 1st.
Mr Justice Smyth said Mr Lawlor should make, by September 7th, further and better discovery on oath regarding documents in his possession, power or procurement in accordance with the earlier court orders.
He was leaving an opportunity to Mr Lawlor to address the concerns of the tribunal in full in a further affidavit of discovery.
Quoting from Balzac, the judge said: "Nothing causes deeper sadness than an unmerited fall into disrepute from which it is impossible to rise again."
This was a sentiment which he shared.
He would not deny Mr Lawlor the right or opportunity to put matters right, even at this late stage.
The tribunal had been set up within the legal framework and was expected to work effectively and efficiently by the Oireachtas and was not to be trifled with.