A Dublin solicitor could be facing criminal charges after refusing to attend as a witness to the Flood Tribunal. The inquiry heard that John Caldwell, a former partner with Binchy and Company, has claimed he is no longer resident in the State.
For more than a year now the Tribunal has been engaged in lengthy correspondence with solicitors for John Caldwell. They want to question him about his connections with the property company Jackson Way and claims that politicians were paid to rezone land at Carrickmines in Dublin.
He is also closely linked to the builders Brennan and McGowan. His name crops up repeatedly in their business deals. His correspondence with Dublin Castle ended abruptly three weeks ago when he told his solicitors not to deal with the Tribunal.
He wrote directly to the Tribunal, saying that its orders were invalid, that he could not help it any further and that he was not and Irish citizen and no longer resident in the State. He also said that he no longer held a certificate to practice as a solicitor.
A witness from Dublin Corporation said that he had taken out a ten-year driving licence last April and signed a form to say that he lived in Killiney.
An official from Dun Laoghaire Rathdown Council said that he was still registered to vote and the Law Society said that his Certificate to practice runs until the end of the year, despite his attempts earlier this month to have himself removed from the roll of solicitors.
Effectively he is still and officer of the court. Lawyers for Binchy and Company said that Mr Caldwell's retirement just three weeks ago had taken them by surprise and caused them considerable difficulty.
Tribunal lawyers said that it appeared Mr Caldwell had gone to ground. He was writing to them from an address in the Isle of Man but letters from the Tribunal were being returned unopened.
The Tribunal Chairman will announce tomorrow if he is to refer the matter to the DPP and the High Court. Mr Caldwell could ultimately face two years in jail.
