The High Court will rule tomorrow morning on a challenge to the Moriarty Tribunal’s decision to employ Michael McDowell as its senior counsel.
The former Attorney General was hired by the Moriarty Tribunal to quiz Danish consultant Michael Andersen about issues arising from the awarding of the second mobile phone license to Esat Digifone in 1995.
Former Esat shareholders Denis O’Brien and Dermot Desmond claim that because of the former PD leader’s political background he brings baggage to the appointment that could give the appearance that the tribunal is biased.
The Tribunal's lawyers have replied that Mr McDowell’s role is minimal and that an allegation of bias can only be directed at a decision maker - not a barrister.
Mr Justice John Hedigan will give a ruling on the matter tomorrow morning.