Rogue solicitor Michael Lynn’s video-link evidence in a High Court action has been re-scheduled to November 3rd, Mr Justice Frank Clarke ruled today.
Mr Lynn is due to give evidence in a multi-million euro lawsuit against First Active over loans issued to the Cunningham Group, now in receivership, whose founder, Brian Cunningham, the solicitor once acted for.
Mr Lynn had been due to give evidence yesterday by video-link from London having agreed to do so. If he returned to Ireland to give evidence directly, he would face immediate arrest for failing to turn up in the High Court in relation to a number of professional and business dealings which saw him leave behind mortgage debts of €80 million.
However, as the Cunningham/First Active case proceeded this week, the court was informed Mr Lynn, who is in Portugal at the moment, was unable to travel to London because he had the flu. Later, it transpired Mr Lynn initially said the reason he could not attend was because of his birthday which, the court heard yesterday, occurs on September 13th.
The court heard yesterday a doctor's certificate faxed to the Cunningham Group lawyers on Thursday had been translated from Portuguese and stated he was "unfit for work" and would remain so until October 16th.
Mr Justice Frank Clarke said while there had been clarification of Mr Lynn's medical situation, there had also been a need for clarification over the position as to what the solicitor had originally said about why he could not attend to give evidence on Tuesday last, the first date proposed for his evidence to be taken.
It appeared from communications between Mr Lynn and his London-based lawyers, Merriman White, that Mr Lynn had originally said he could not attend on October 7th because it was his birthday and that was why yesterday was the alternative date chosen for him to give evidence, the judge said.
It appeared there may have been a misunderstanding between Mr Lynn and his lawyers about what was actually said i.e that Mr Lynn was to have a birthday "celebration" on October 7th rather than that date being his birthday.
These were matters that had to be clarified before a decision was taken on whether to reschedule Mr Lynn's evidence, the judge said. Now that the translated medical cert had been provided and a affidavit from Mr Lynn's lawyers over the birthday issue had been sworn, the judge said he was prepared to reschedule the video-link evidence.
The judge said it would be unfair to the Cunningham Group not to reschedule and it would not be right to punish them because of "any failure on the part of Mr Lynn."
The judge also said comments he made yesterday about Mr Lynn having given false information were inaccurately reported as having been in relation to him having the flu. The judge said the comments he made about Mr Lynn having possibly misled the court were in relation to his claims about his birthday and not about his illness.
