Builder ordered to produce files or face contempt action

The Flood tribunal is to take contempt proceedings in the High Court against builder Mr Tom Brennan unless he produces certain financial documents by next Tuesday.

Mr Justice Flood said that unless the required documents were furnished to the tribunal by the deadline, he would apply to the High Court for enforcement of the tribunal's order.

Last March, the tribunal ordered Mr Brennan to produce documents relating to investments in Liechtenstein and the Isle of Man. However, Mr Justice Flood said "nothing effective" had happened since the order was made.

The proposed action against Mr Brennan is similar to that taken by the tribunal against the former Fianna Fail TD Mr Liam Lawlor earlier this year. Mr Lawlor was jailed for three months and fined for being in contempt of a High Court order. He spent one week in Mountjoy prison; the rest of the sentence was suspended.

Mr Brennan had earlier said he had made inquiries regarding the documents but these were continuing. He had been considering going to Jersey to seek information but there hadn't been time.

Mr Pat Hanratty SC, for the tribunal, said the witness "couldn't hide behind the mask of a fool" by disclaiming all knowledge of his companies and referring questions to his accountants and lawyers.

Mr Hanratty asked what auctioneer Mr John Finnegan "brought to the table" in his partnership with Brennan and McGowan. He pointed out that Mr Finnegan earned £105,000 from the two builders on a land deal involving the Sacred Heart convent in Foxrock, Dublin. Yet Mr Finnegan was the selling agent, acting for the nuns.

"He got over £100,000 for doing absolutely nothing. He didn't lay out a brass farthing," counsel said.

Did Mr Finnegan "deliver" the nuns' property to Brennan and McGowan? Mr Hanratty asked.

Mr Brennan said he didn't; the sale was negotiated by someone else.

Mr Justice Flood asked for what had Brennan and McGowan had paid £105,000.

"Maybe we were going to get involved in a partnership," the witness replied.