Flood expected to rule on move to High Court today

The Flood tribunal has deferred until today a threat to take High Court proceedings against the builder Mr Tom Brennan for non-production of documents.

Mr Justice Flood said he was making a "unique" decision to vary his order because there had been a "concatenation of circumstances" affecting Mr Brennan's ability to deliver the financial documents the tribunal requires.

Mr Brennan told the tribunal that documents relating to his holdings in Liechtenstein had been requested and were being sent by courier. They are expected today.

Regarding the documents sought by the tribunal from the Isle of Man, he said he flew there on Monday to access the records with his adviser, Mr Martin Bullock. However, he was unable to land because of fog and a shortage of fuel.

"If I landed in the Isle of Man and couldn't get out, then I wouldn't be here today," Mr Brennan said.

He said he knew the Isle of Man monies that were used to buy horses "inside out" and could explain everything "without any problem".

Mr Pat Hanratty SC, for the tribunal, said there was no need for anyone to go to the Isle of Man. All that was required was for Mr Brennan to pick up the phone and instruct someone to send over the documents.

Earlier, it emerged that Mr Laurence Wheeler, Brennan and McGowan's main legal adviser in Jersey, had refused to give evidence to the tribunal.

Mr Hanratty said Mr Wheeler had been invited to attend the tribunal but had declined. He cannot be compelled to give evidence because he lives in the Channel Islands.

Tribunal lawyers have interviewed Mr Wheeler, who told them he has no recollection of any of the events under investigation or the companies he set up on behalf of Brennan and McGowan. Mr Wheeler is retired but still visits the offices of his former legal firm, Bedell Cristin.

In his evidence yesterday, Mr Brennan repeatedly stated that he had no knowledge of the structures of offshore companies under his control, saying that Mr Wheeler and his accountant were the only people who could explain their purpose and operation.

At one point, Mr Justice Flood urged the witness to "stop shadow-boxing", as the tribunal was getting no information.