Financier threatened with court referral

The tribunal has threatened a financier, Mr Luke Mooney, with High Court proceedings over the level of his co-operation with …

The tribunal has threatened a financier, Mr Luke Mooney, with High Court proceedings over the level of his co-operation with the inquiry.

Judge Alan Mahon deferred a decision on possible proceedings for two weeks to allow Mr Mooney to furnish a "proper and complete" affidavit of discovery to the tribunal.

Judge Mahon described the provision of inadequate or incomplete affidavits as the "greatest cause of time-wasting" experienced by the tribunal, and one that ranked close to lying or misleading the tribunal as a problem.

"On occasion, it can amount to the same thing."

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The chairman said this could arise from ignorance of the rules or carelessness.

More seriously, it happened when parties sought to withhold relevant documents to thwart the inquiry.

He said whatever the reason, the effect was the same.

The tribunal was "particularly concerned" that a number of parties had clearly failed to make full discovery of documents.

Mr Mooney's discovery was "very significantly incomplete", and it was clear that he did not provide a number of important documents.

The tribunal would consider "in due course" whether any of the parties should be referred to the High Court.

In Mr Mooney's case, consideration as to whether a referral was appropriate would be deferred for two weeks to provide him with the opportunity to furnish a proper and comprehensive affidavit of discovery.

Mr Mooney had earlier explained that the brevity of his initial one-page statement to the tribunal arose from a "misreading" of the situation following his interview by tribunal lawyers.

That interview was focused on specific matters, and so it did not occur to him in his following statement to give a fuller account.

Responding to criticism of his failure to mention in his first statement the £302,000 fee he got from the Coolamber land deal, Mr Mooney pointed out that this money had been fully declared to the Revenue Commissioners.

Problems raised by the tribunal over his failure to furnish certain documents he attributed variously to an accidental omission, a misunderstanding and the fact that he was not aware of one of the documents sought.

Paul Cullen

Paul Cullen

Paul Cullen is a former heath editor of The Irish Times.