Lowry accuses tribunal of ‘legal ambush’

INDEPENDENT TD Michael Lowry has accused the Moriarty Tribunal of carrying out a “legal ambush” in its investigation of the 1995 mobile phone licence competition.

A huge row has broken out between the tribunal and two of the subjects of its inquiry — Mr Lowry and multimillionaire businessman Denis O’Brien.

The row centres over assistance given to the tribunal by economist Dr Peter Bacon. Dr Bacon produced a report for the tribunal in 2003, but this report was not disclosed at the time to witnesses, who were cross-examined by tribunal lawyers.

Among these witnesses were senior civil servants involved in awarding the licence to Mr O’Brien’s Esat Digifone.

It was only during judicial review proceedings in 2005 that the existence of Dr Bacon’s report became public.

Mr Lowry questioned the tribunal’s impartiality given its failure to disclose the report to witnesses.

The fact that the civil servants were not aware of Mr Bacon’s involvement meant they were cross-examined under a “false guise”, he said.

“To examine the department’s officials based on the contents of a hidden report is tantamount to legal ambush,” he told the Sunday Tribune yesterday.

Mr Lowry confirmed the remarks were reported accurately when subsequently contacted by this newspaper.

As the relevant minister at the time, Mr Lowry announced the outcome of the competition, but had no official role in deciding who would be awarded the licence.

The tribunal is investigating whether Mr Lowry somehow influenced the competition in favour of Mr O’Brien.

Mr Lowry said yesterday he had felt “compelled to defend the integrity and the reputation of the Department of Communications officials” involved in the licence process, and who had been treated in a “disrespectful manner” by the tribunal.

“The tribunal’s behaviour in its use of Bacon is alarmingly unfair,” said Mr Lowry. “The secretive existence of Bacon’s involvement and subsequent forced disclosures raises serious questions about the impartiality of its actions.

“Having read extensively of Bacon’s involvement, it could be said that the tribunal legal team attempted to lead or suggest a critical line of approach by Bacon.

“I think it is outrageous that senior, experienced civil servants were treated in such an appalling manner.”

Last week, the chairman of the tribunal, Mr Justice Michael Moriarty, said the report into matters concerning Mr Lowry was at “quite an advanced stage”. It is expected to be published later this year.