FUGITIVE SOLICITOR Michael Lynn is unable to give evidence tomorrow by video-link in a multi-million euro lawsuit because he has the flu, the High Court has heard. Mr Lynn may be rescheduled to give evidence on November 3rd if he provides a doctor’s certificate to show he is ill.
Last July, the High Court ruled that Mr Lynn – who is missing with fraudulent mortgage debts of more than €80 million and faces immediate arrest if he returns to Ireland – may give evidence from abroad by video-link in a case being taken by the Cunningham Group against First Active over loans issued for a number of major developments.
On Tuesday, the court was told everything was in order for Mr Lynn to give his video-link evidence tomorrow from London.
However, yesterday morning, Hugo Page QC, for the Cunninghams, said Mr Lynn may not now be giving evidence after all. “This is something I found out about yesterday,” Mr Page said, adding he thought it proper to inform the court of this development.
Mr Page said he now believed there was only a 50/50 chance Mr Lynn would turn up in London for the video-link.
The court heard Mr Lynn’s promise to give evidence this Friday was made through Mr Lynn’s London-based lawyers, Merriman White. Mr Page said he would keep the court updated.
Yesterday afternoon, Mr Page said he had learned over lunch Mr Lynn was “ill with influenza”.
He had been told by a solicitor with Merriman White that Mr Lynn’s wife, Brid Murphy, a nurse, had said her husband would “not be well enough this week or next week”. Mr Page said Mr Lynn was willing to make himself available in the first week of November.
Mr Donal O’Donnell SC, for First Active, said this was a “significant change” to Mr Page’s earlier statement there would be a 50/50 chance of Mr Lynn giving evidence at all. If Mr Lynn had the flu, that information could have been easily provided in the morning, Mr O’Donnell said.
Significant costs had already been incurred in getting permission for Mr Lynn to give video evidence, counsel said.
On Tuesday, the Cunningham group was awarded 75 per cent of the costs of the application for Mr Lynn to give video evidence.
If Mr Lynn’s evidence was to be rescheduled, it should only be on the basis of a doctor’s cert first being supplied to the court, counsel said.
Mr Justice Frank Clarke said he would reschedule Mr Lynn if a medical certificate was made available to the court today.
The judge said he wanted the certificate because he did not want to reschedule “for a second time and find Mr Lynn has some other reason he cannot attend”.
He wanted a clear indication Mr Lynn is a willing witness, the judge added.
The case was adjourned to this afternoon. The marathon legal action by the Cunningham Group against First Active is over a series of multi-million euro loans issued to development companies owned by the group’s founder, Brian Cunningham. It is alleged loans totalling some €30 million were issued between 1999 and 2002 to Cunninghams for three projects, including a site in Salthill, Galway, and a revamp of Finglas town centre in Dublin.
Mr Lynn acted as solicitor for Mr Cunningham before the group was placed into receivership and was also present at a key meeting to agree loan facilities, it is claimed. Mr Cunningham claims he lost out on a IR£310 million (€393 million) property deal because First Active “deceived” him into selling a lucrative site. First Active deny the claims.