The solicitor for Jackson Way Properties, the company which allegedly paid councillors for votes on rezoning, should reveal the names of those in the company who instructed him, counsel for the Flood tribunal said yesterday. This was contested by Mr Stephen Miley, solicitor, who said he was bound by a duty to protect the solicitor-client confidentiality.
Mr John Gallagher SC for the tribunal said Mr Miley was being asked to disclose a matter of fact and not to disclose any information regarding advice he had given the company or advice which had been sought.
He said the owners of Jackson Way Properties had gone to some lengths to disguise their identities. He said Paisley Park Ltd had allegedly paid money to county councillors for votes on zoning motions in 1993. It was liquidated in 1994 and the lands owned were passed to Jackson Way Properties.
More money had allegedly been paid to county councillors in 1998 by Jackson Way Properties with regard to the zoning of land in Carrickmines, Mr Gallagher said. The beneficial owners of the new company were the same and there had been an elaborate charade to hide this fact, he added. Client confidentiality was not an absolute bar to the disclosure of information.
Mr Richard Nesbitt SC, for Mr Miley, said the issue was of fundamental importance to Mr Miley's life and his professional role as a solicitor. He said the subpoena would force Mr Miley to break his duty of confidentiality to his client. The only way the privilege could be displaced would be if there was a charge of unlawful activity. He said if Mr Miley's client was involved in some illegal act this should be said. There was no proof of guilt. "An assertion is not sufficient to sustain the procedure which is now taking place."
Mr Nesbitt also said Mr Miley was being portrayed by the media as standing in the way of the tribunal, which was not true. "The reality is all he is doing is what he has to do - say `no, prima facie, you can't ask me'," Mr Nesbitt added.
Mr Nesbitt said if it was easy to call a solicitor on behalf of a client the tribunal would have called other solicitors of witnesses. Mr Justice Flood said he would adjourn the matter and give his decision on it this morning at the tribunal.