O’Brien loses legal bid to halt tribunal evidence

MILLIONAIRE businessman Denis O’Brien yesterday lost his legal bid in the High Court to restrain the Moriarty Tribunal from calling economist Peter Bacon to give evidence in public about the procedures which led to the award of the State’s second mobile phone licence to Esat Digifone.

Mr O’Brien claimed a report by Mr Bacon about the evaluation process - which led to the award of the licence to Esat - did not constitute evidence and was inadmissible.

Mr Justice John Quirke said he could see no reason why the tribunal should not be entitled to call professional witnesses to testify at public sittings and such witnesses should be available for cross examination.