Gardai left powerless over Lynn video link
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SENIOR gardai will watch on helplessly when fugitive solicitor Michael Lynn gives evidence to a trial in Dublin via video link from his hideaway in Budapest.
High Court judge Mr Justice Frank Clarke yesterday agreed to allow Lynn testify by video link in a IR£310m lawsuit involving lender First Active and multi-millionaire property developer Brian Cunningham, Lynn's former star client.
But detectives investigating multiple fraud allegations against Lynn, involving up to €80m, last night told the Irish Independent they would be "powerless" to act against the runaway solicitor.
They admitted their investigation is not yet far enough advanced for criminal charges to be brought against Lynn, or to support an extradition request.
The unprecedented decision to allow Lynn, a fugitive who point blankly refuses to travel to give evidence in Ireland, to testify is the latest bizarre twist in the scandal engulfing the runaway solicitor.
Last December, the High Court executed a bench warrant for his arrest, but because the warrant relates to civil proceedings only, it is not enforceable in a foreign country.
Although Hungary, like Ireland, is a signatory country to the European Arrest Warrant Act, an EU-wide warrant can only be issued if there are legal proceedings in being, or if the Director of Public Prosecutions gives the go-ahead for criminal charges to be brought. However, senior gardai last night admitted they are "some way off" the stage where a European or international warrant can be sought.
The Irish Independent has learned that detectives trying to untangle the web of Lynn's extensive foreign property dealings have not yet sought mutual assistance from their European partners, or any other jurisdictions, such as Brazil or America, where the solicitor is known to have substantial business interests.
Yesterday, Judge Clarke, who criticised aspects of the conduct of the Cunningham Group in its handling of the litigation, which has lasted more than three months, said that it would be better if Lynn came to Ireland to give evidence.
Lawyers for First Active, who are defending the Cunningham litigation and have denied that the bank acted as a shadow director over Brian Cunningham's group of companies, opposed the application to allow Lynn to give evidence in Budapest, saying he was not an important witness.
Rogue
But Judge Clarke said a refusal to allow Lynn to give evidence via video link would be disproportionate and lead to an injustice to the Cunningham Group.
Lynn, who has already provided a summary witness statement in evidence to the High Court from an undisclosed location, acted as solicitor for the Cunningham Group before it was placed into receivership five years ago. He was also present at a key meeting to agree loan facilities for the group, which now forms a central plank of the protracted litigation.
Judge Clarke will meet the opposing legal teams in September to agree the logistics of the taking of Lynn's evidence.
A major disadvantage for the judge and the bank is the fact that Lynn will not be cross-examined in open court. This could thwart efforts to assess his credibility as a witness.
It is not known if Judge Clarke or individual members of the legal teams will travel to Budapest, or if a designated commissioner will travel to conduct proceedings on the Irish courts' behalf.
A premature or pre-emptive strike by the DPP to seek Lynn's extradition before he gives evidence could backfire. Under the rule of specialty, Ireland can only extradite Lynn on specific charges and are barred from laying any fresh charges against him should he be successfully returned.
- Dearbhail McDonald and Shane Phelan
