The former assistant city and county manager for Dublin, Mr George Redmond, was warned yesterday that he could be liable for crippling legal costs if he failed to co-operate with the Flood tribunal or knowingly gave it false information.
The warning came in the form of an ultimatum from the tribunal chairman, Mr Justice Flood, after Mr Redmond had been seen to "suffer a degree of selective amnesia", at times, while at other times coming across alternatively as a shrewd operator or a "gullible individual".
"I don't wish to imply that I have come to any decision," said the chairman, who warned the former Dublin local authority official of the penalties he could face if it was found that he had hindered or obstructed the tribunal. He could be liable on conviction and indictment to a fine of £10,000, he said, or a term of imprisonment not exceeding two years, or both.
In addition, where the tribunal was of the opinion that he "was failing to co-operate or knowingly giving false information" he could find himself liable for the whole or part of his legal costs "as determined by the Taxing Master of the High Court". He could also be liable for the relevant costs incurred by the tribunal for which he would have to reimburse the Minister for Finance.
The chairman advised Mr Redmond to "take the opportunity" to get legal advice on the manner in which he was furnishing to the tribunal "facts that he is well aware of".
After an interval Mr Redmond sought to reassure the tribunal that "anything I have said has been the truth". He had made written statements, he added, and it was his "heartfelt wish" to co-operate with the tribunal. He had been referring earlier to loans of £110,000 he had made in 1980 - £40,000 of which was to a Clondalkin pub-owner, Mr Jim Kennedy, and Mr Malachy Skelly, a Co Limerick bookmaker, and a further £70,000 to Mr Kennedy.
The reason that his evidence in relation to these loans was vague was because of the 20-year interval. "You know from your searches that I have no records," he added. In relation to Mr Kennedy and his dealings with him, "I admit my total relationship with him," said Mr Redmond. He appreciated the chairman's warning and added: "But I came in here in the hope that none of that was necessary."