O’Brien’s Moriarty Tribunal appeal fails

Billionaire businessman Denis O’Brien has lost an appeal against a 2011 High Court decision dismissing his claim that the Moriarty Tribunal had incorrectly restricted cross-examination of a key witness at its public hearings.

A five-judge Supreme Court unanimously dismissed the appeal in which he claimed there was a breach of fair procedures by sole tribunal member, Mr Justice Michael Moriarty, by limiting both the amount of time and the extent of the questions his lawyers could ask Danish telecommunications expert Michael Andersen.

Prof Andersen was managing director of the international consultants engaged by the Department of Communications in 1995 to assist civil servants in assessing six applications form the country’s second mobile phone licence, which eventually went to Mr O’Brien’s company, Esat Digifone. The tribunal, set up to examine payments to politicians Michael Lowry and Charles Haughey, examined the awarding of that licence by then communications minister Mr Lowry.