O’Brien father says he ‘never saw note before’

THE father of telecoms billionaire Denis O’Brien was not able to explain to the Moriarty Tribunal yesterday his solicitor’s note linking Tipperary North TD Michael Lowry to the purchase of English soccer club Doncaster Rovers.

Dismissing the record of a meeting, or phone conversation, he had with William Fry solicitors in June 2002 as “mumbo jumbo”, businessman Denis O’Brien snr declared: “I’ve never seen this before.”

Listing the Moriarty Tribunal as its subject matter, the note expressed concern at the “apparent collaboration with ML/ML adviser” in making a larger payment to British-based property agent Kevin Phelan.

At the time Mr Phelan was pushing for a £150,000 fee for the Doncaster project.

The note recommended asking “ML” — which tribunal lawyer John Coughlan SC suggested was a reference to Mr Lowry — not to make any contribution at that stage and to exclude the O’Brien family interests from any deal or settlement “ML” might reach. Mr Coughlan said there was no doubt the note was written by Owen O’Connell, a senior partner in the firm which acted over the years on business matters, for Mr O’Brien’s son.

He said it seemed Mr O’Connell was expressing concern that Denis O’Brien, junior, would make a payment to Mr Phelan in circumstances of the current tribunal where Mr Phelan was a potential hostile witness to Mr O’Brien.

Asked to shed light on the note, Mr O’Brien snr said: “I have nothing to do with that. I’ve never seen that before. I have no recollection whatsoever of anything in that. What the hell would Michael Lowry be making a payment for, on my behalf or my company’s? You’ll have to get this man back from Frys and ask him what he means by that.

“While I was dealing with the dispute on Doncaster, nothing like that ever took place.”

When Mr Coughlan said it was indicated on the note the information it contained was imparted to the witness, Mr O’Brien replied: “If it was I never saw it.”

When Mr O’Brien saw the “ML” reference made by Mr Phelan, he was dumfounded and asked Frys solicitors to seek an explanation.

Mr O’Brien said his first concern was whether this was some form of intimidation or blackmail on Mr Phelan’s part. Despite several queries, they could not get out of him (Phelan) if ML referred to Michael Lowry, said Mr O’Brien.

The tribunal adjourned until Tuesday.