Judge: Nation will be ‘disgraced’ if Esat licence award is found corrupt

A Supreme Court judge has said it will be a “disgrace to the nation and the State” if it is proven that there was corruption at the highest level of Government in the awarding of a mobile phone licence to Esat Digifone.

Mr Justice Adrian Hardiman and his fellow Supreme Court justices yesterday gave reasons for granting businessman Declan Ganley’s Comcast International Holdings Inc and Persona Digital Telephony Ltd leave to proceed with actions challenging the manner in which the State’s second mobile phone licence was allocated in 1995 to Esat Digifone.

The actions allege fraud, conspiracy, deceit, corruption, and misfeasance in public office in relation to the licence award.

Comcast’s action is against the Minister for Public Enterprise, former minister Michael Lowry, Esat Telecom, Denis O’Brien, Ireland, and the Attorney General. Persona’s case is against the Minister for Public Enterprise, Ireland and the Attorney General.

The actions challenging the licence award and claiming multi-million euro damages were first taken in 2001. In 2007, the State parties secured High Court orders stopping the cases against them on grounds of inordinate and inexcusable delay.

Yesterday’s ruling found the delay was excusable on grounds that the consortia were entitled to await the result of the 13-year Moriarty tribunal probe into the licence award.

Mr Justice Hardiman said the integrity and reputation of Ireland, and the rights of the consortia, required trial of their claims of “covert, devious and concealed” corruption.