Moriarty Tribunal: High Court to rule on McDowell challenge

The High Court is to rule this morning on a challenge to Michael McDowell's appointment as senior counsel for the Moriarty Tribunal.

Businessmen Denis O'Brien and Dermot Desmond claim the retention of the former Tánaiste and PD leader gives the tribunal the appearance of bias.

Lawyers for former Esat shareholders Denis O’Brien and Dermot Desmond have argued that Michael McDowell’s background brings baggage to his role as counsel for the Moriarty Tribunal.

They claim the involvement of the former Attorney General and PD leader could give the appearance that the tribunal is biased.

The former Tánaiste has been hired to examine key Danish witness Michael Andersen about issues arising from the awarding of the second mobile phone license to Esat Digifone in 1995.

The Tribunal's lawyers reject the claims and say an allegation of bias can only be directed at a decision maker.

Mr Justice John Hedigan will give a ruling on the matter this morning.