Civil servant denies ‘concealment’
Department of Communications officials took no notes of their discussions with winning GSM2 consortium Esat Digifone. Brussels-based former civil servant Fintan Towey said nothing discussed in those meetings gave rise to a motivation for concealment.
However, Mr Coughlan pointed out that “massive issues” relating to Digifone’s ownership, finance and share configuration were raised and the department had made it clear it wanted to be satisfied on these aspects.
The tribunal, said counsel, was never able to ascertain that these May 1996 meetings had taken place. No official had told the tribunal about them, until Norwegian executive Arve Johansen disclosed details of a May 3 meeting.
Asked to explain how this happened, Mr Towey said he didn’t recall these meetings.
“Nothing happened at these meetings that I have any difficulty in standing over. There was no question of any concealment on my part.”
Said Mr Coughlan: “I must suggest to you that there was a decision made in the department not to keep any record and that amounted to a concealment.”
Mr Towey replied: “There wasn’t any decision of that kind.”
Chairman Mr Justice Michael Moriarty wondered why minutes were taken of his meetings with officials in the Attorney General’s office relating to the same inquiry. “There, you were meeting other public servants and you did follow the normal protocol of keeping a record,” he added.
Said Mr Towey: “I can’t say why a record wasn’t kept. But I am very clear there is no question of a decision or a deliberate concealment.”
In a document, later shown to date from April 23, 1996, it was stated Mr Lowry informed the Government the terms of the proposed contract for the GSM2 “had been agreed” with Digifone.
Questioned about it, Mr Towey agreed the document was not accurate and it was improbable that any civil servant had written it.
The tribunal resumes today.
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