'Brazen' Lynn offended by press coverage
Wednesday October 15 2008
ROGUE solicitor Michael Lynn is offended by media coverage of his affairs, the High Court heard yesterday.
He has now issued a "barely concealed threat" that he will not testify in a multi-million euro lawsuit because of certain media reports, it was claimed.
Mr Lynn, who faces immediate arrest if he turns up in Ireland, is a witness in legal proceedings between his former client, Galway property developer Brian Cunningham, and lender First Active.
Raymond Murphy, a solicitor who has advised Mr Lynn in the past, told the court that Mr Lynn had been following press coverage and had taken exception to it.
But lawyers for First Active invited Mr Lynn, who has the flu, to clear up any confusion about why he has twice been unable to give evidence. They described Mr Lynn's complaint as "extraordinary, together with the barely concealed threat he will absent himself from giving evidence."
"Mr Lynn does not seek to put before the court any evidence of the illness he is suffering from. That is quite brazen and extraordinary."
Mr Lynn was originally due to give evidence on October 7 last, but the hearing was adjourned to October 10 after the court was informed that October 7 was his birthday.
Lawyers for First Active then sought clarification about his reason for not being able to testify after they discovered that his birthday is September 13.
False
Last week the High Court heard that there may have been a misunderstanding between Mr Lynn and his lawyers about what was actually said -- namely that Mr Lynn was to have a birthday "celebration" on October 7 rather than it being his birthday -- but Mr Lynn has complained about media reports on the matter.
Mr Lynn has also objected to erroneous reports that he may have given false information in relation to his illness.
At last week's hearing Mr Justice Frank Clarke pointed out that comments he made about Mr Lynn having possibly misled the court were in relation to claims about his birthday and not about his illness.
"If Mr Lynn was offended by press coverage one might have thought that he would be very keen to address the very proper point the court had made about the explanation he had purported to offer and that he would also be keen to demonstrate the veracity of the second excuse he has offered for the adjournment of his video evidence," said Donal O'Donnell, for First Active.
Michael Lynn, who is missing with mortgage debts in excess of €80m, is now scheduled to give evidence on November 4.
Judge Clarke has stated that it would not be right to punish the Cunningham Group because of "any failure on the part of Mr Lynn".
- Dearbhail McDonald Legal Editor
