Lawyers accuse inquiry of concealing documents

THE Moriarty Tribunal could be facing another legal challenge to its work from Denis O’Brien after lawyers for the billionaire businessman yesterday accused the inquiry of deliberately concealing documents about its dealings with economist Peter Bacon.

Eoin McGonigal SC, counsel for Mr O’Brien, claimed his client was only furnished with two crucial documents by the tribunal for the first time last Friday relating to Mr Bacon, who was engaged by the inquiry to carry out a controversial report on aspects of the competition for the State’s second mobile phone licence.

The allegation was made at what was expected to be the last public hearing of the inquiry at Dublin Castle yesterday. However, tribunal chairman, Mr Justice Michael Moriarty, adjourned proceedings until next Tuesday as a result of heated exchanges between the parties.

He also vehemently rejected Mr McGonigal’s accusation that the tribunal was operating a “deliberate agenda to damn the competition process”.

However, it remains possible that the businessman might still seek to take a High Court challenge after the chairman ruled that he would not grant an order sought by Mr O’Brien to have Mr Bacon set out a statement of his dealings with the inquiry.

Mr McGonigal said the information contained in the new documents was “alarming” as they appeared to confirm that the tribunal directed Mr Bacon to prepare a report which would “completely undermine” external expert consultants who assessed the rival bids for the phone licence.

The manner in which the information had been disclosed by the tribunal suggested “deliberate concealment of that document from the parties for almost four years”.