Tycoon Denis O’Brien wants declaration on ‘unfair’ tribunal procedures

Denis O’Brien believes a declaration that fair procedures were not applied during part of the Moriarty Tribunal into payments to politicians will affect the public view of the tribunal’s report, the Supreme Court has heard.

If he got such a declaration from the Supreme Court, he could also consider moving to quash certain parts of the report, his counsel, Paul O’Higgins, said, adding this would also have consequences for the issue of costs which has yet to be decided by the tribunal.

Mr O’Higgins was making arguments in Mr O’Brien’s appeal against a 2011 High Court decision dismissing his claim the tribunal had incorrectly restricted cross-examination of a key witness at its public hearings.