The Supreme Court has upheld a further seven-day jail term and £5,000 fine imposed on Liam Lawlor for failing to comply fully with discovery orders connected with the Flood Tribunal’s investigation into planning matters and payments.
The tribunal, chaired by Mr Justice Feargus Flood, had ordered Lawlor in June 2000 to disclose extensive financial, company and tax-amnesty records. The High Court subsequently compelled compliance.
After finding serious contempt in January 2001, the High Court imposed a three-month sentence but required only seven days to be served immediately, suspending the balance to allow Lawlor to complete discovery.
Lawlor later produced 157 folders of documents and several affidavits. However, the tribunal maintained that important material remained undisclosed. In July 2001, the High Court found further serious non-compliance and ordered another seven days in custody, a £5,000 fine and a further and better affidavit of discovery.
On appeal, the Supreme Court upheld three specific findings.
First, Lawlor had failed to disclose documents concerning the Coolamber lands near Lucan despite later acknowledging that relevant material had once been in his possession. Chief Justice Keane described an earlier sworn assertion that Lawlor had no involvement or interest in the lands as less than candid.
Second, the court found that Lawlor had not acted sufficiently promptly to obtain documentation concerning accounts at Liechtensteinische Landesbank in Vaduz. Those accounts had received and transferred substantial sums.
Third, his affidavit did not comply with the required discovery format because it failed adequately to identify documents formerly in his possession and explain what had become of them.
The Supreme Court held that these were not minor or technical failures. It found no error in principle in reactivating part of the suspended sentence and ruled that the further week in prison and £5,000 fine were neither excessive nor disproportionate.