A retired former partner in a Dublin law firm has been ordered by the High Court to make himself available today for examination about the whereabouts of documents connected with the sale of lands in Dublin which were previously owned by a member of the Guinness brewing dynasty.
Before their sale in 1996, the lands at Woodtown Manor, Rathfarnham, were owned by the Hon Garech Browne, of Luggala, Roundwood, Co Wicklow.
Mr Browne was in court yesterday to hear Ms Justice Carroll order that Mr William J. McGuire (67) - now retired but previously a senior partner in McKeever Rowan (Mr Browne's former firm of solicitors) - attend court today to be examined by counsel.
Medical evidence was given that Mr McGuire, a diabetic said to be prone to falling, was unable to come to court. Ms Justice Carroll said Mr McGuire could be furnished with a wheelchair if required and, if necessary, could receive medical treatment for his condition before or after giving his testimony.
Until Mr McGuire was examined in court, it would not be possible to say with any certainty what had happened to all of the documents in connection with the sale of Woodtown Manor.
Last July, Mr Browne applied for a court order to compel McKeever Rowan Solicitors, with an address at Fitzwilliam Square, Dublin, to give him the original files in respect of the sale of Woodtown Manor. The company was formerly engaged by Mr Browne in connection with the sale.
When the case opened before Ms Justice Carroll last July, Mr Adrian Hardiman SC, for Mr Browne, told the court the sale subsequently became enmeshed in legal difficulties. In 1998, his client had decided to change solicitors.
Yesterday, Mr Dan O'Keeffe SC, for McKeever Rowan, said the case had been settled between the parties last summer and settlement had been substantially implemented.
Mr Brian O'Moore SC, for Mr Browne, said Mr McGuire had twice been directed to come to court to be examined but had not turned up. Two medical notes had been presented - that was why the case had not proceeded.