Officials’ evidence ‘was ignored’

THE findings of the Moriarty Tribunal have been criticised by a retired senior civil servant for ignoring the sworn evidence of a large group of government officials.

They had testified the state’s second mobile phone licence was won fairly by Denis O’Brien’s Esat consortium.

Pádraig Ó hUiginn, who was the country’s top civil servant as secretary-general of the Department of the Taoiseach between 1982 and 1993, said in a statement yesterday he had a fundamental problem with the inquiry’s final report.

Mr Ó hUiginn —a former director of Esat — claimed it was “inexplicable” Tribunal chairman Mr Justice Michael Moriarty had ignored the overwhelming testimony of a team of distinguished civil servants and international consultants of experience and impeccable reputation who had assisted the licence process.

“Their sworn testimony was that they came under no pressure or influence from the Minister [Michael Lowry] to favour Esat Digifone,” remarked Mr Ó hUiginn.

He also said the Moriarty Report raised a serious constitutional issue about the conduct of tribunals. He claimed they attacked the good name of people who were the subject of the inquiry through the issuing of findings which were not subject to the usual legal protection of reputations.

Mr Ó hUiginn offered the opinion it was unconstitutional for a judge to sit in private and be briefed by lawyers whose advice could not be cross-examined in public. He said Mr Justice Moriarty had admitted advice given in such a fashion relating to important evidence concerning the Attorney General was incorrect.

“It is not good enough in a democratic society that we conduct such serious matters affecting the constitutional rights of citizens in this unconstitutional way,” observed Mr Ó hUiginn.

He acknowledged, as a former director of Esat who benefited from its sale to British Telecom, he had a personal interest in the matter. Mr Ó hUiginn was involved in preparing documentation during the licence process to explain how Denis Desmond’s belated shareholding in Esat was consistent with the consortium’s original application about its ownership structure.

Mr Ó hUiginn made no reference to the Tribunal’s adverse findings against Esat founder Denis O’Brien.