Tribunal takes Moriarty to centre stage

Witnessing Mr Justice Michael Moriarty addressing a courtroom or tribunal for the first time, what strikes most observers is his ability to launch himself into long sentences which, despite multiple clauses and often complex phraseology, he manages to complete and leave rounded and grammatically correct.

There were lots of examples of this during a short sitting of the payments to politicians tribunal in December of last year. At the outset the chairman expressed his considerable regret it had not proved possible to commence hearing evidence prior to Christmas. Part of the reason for the delay, he said, was a disposition "on the part of a minority of financial institutions involving protracted and convoluted correspondence and tardiness or non-compliance in relation to orders which I have to say appears unhelpful and lacking in due co-operation".

"I say this with some regret and, having made all reasonable allowance for the duty owed to clients by financial houses, it is not unreasonable to assert that a tribunal established by unanimous resolution of the Oireachtas is entitled to better and it is an issue I may have occasion to return to at an appropriate time." (The institutions referred to are understood to be one or more of the clearing banks.)

When he is speaking, Mr Justice Moriarty leans forward, rests his elbows on the bench in front of him, wrinkles his nose, and sets off. Looking at transcripts afterwards, you find that he not only speaks in long and often complex sentences but also, it would seem, in paragraphs, obeying the rule that each paragraph should address a new point or aspect of a point. His tone has been variously described as kindly, compassionate and eloquent.

For the past year and a half, Mr Justice Moriarty has had very little opportunity to practice the art of public address. He was appointed chairman and sole member of the tribunal in September 1997, in the wake of the McCracken report, and since then has held only four, mostly brief, public sittings.

The terms of reference he was given by the Government are long and complex and were criticised by the courts during the Haughey appeal for being unclear and ambiguous, especially in respect of how far back the tribunal was supposed to inquire. However, in broad terms, the tribunal is inquiring into payments to the former Taoiseach, Mr Charles Haughey, and the former Fine Gael minister, Mr Michael Lowry. It is also inquiring into any decisions which either of them may have made while in government and which may have been of benefit to persons known to have made payments.

The tribunal is also inquiring into: the Ansbacher deposits, to ascertain whether account holders made payments to Mr Haughey or other politicians; the effect of offshore accounts on the tax base; and the performance of the Revenue Commissioners in relation to the tax affairs of Mr Haughey and Mr Lowry.

When his appointment as chairman of the tribunal was announced, colleagues of Mr Justice Moriarty were of the view that he would deal with the political and highly charged brief without fear or favour. Those who know him say he is taking the role very seriously "but he's a family man and has a good sense of balance in his life. To my mind that's to his credit and he's a better judge for it".

For the past 16 months Mr Justice Moriarty has been working a five-day week, 9.30 a m. to 6 p.m., along with his staff of three counsel, one solicitor and two research counsel. Based in the same Dublin Castle offices as the McCracken tribunal, the chairman and his team have spent their time interviewing potential witnesses, poring over a huge amount of documentation, and corresponding with the legal representatives of affected parties. Their work involves trying to uncover one of the most intriguing secrets of Irish public life since the 1960s - the source of Charles Haughey's wealth.

"He's a good judge and he's calm. He keeps a tight grip on a case, which is important. He doesn't let it wander all over the place. That will be important during the tribunal."

MR Justice Moriarty - Mossie to his friends - is said to be a very personable man who is easy to work with, does not stand on ceremony, and is focused on getting on with the job. When he was appointed chairman of the tribunal he was said to have been glad to be offered a challenge and a change from the day-to-day work of a High Court judge. He envisaged the job taking six to eight months.

His initial enthusiasm may have been tempered by the delays he has encountered. But he is said to be very pleased with the team he is working with and to have found them very supportive. Now, with public hearings at last under way, he finally has an opportunity to demonstrate all that has been achieved.

As a junior prosecuting counsel he was involved in the Mountbatten murder case, and appeared for the DPP in the Shercock case in the mid-1980s which involved i were accused of the death of a man in Garda custody. He was counsel for the Kerry babies tribunal and he also appeared as a senior counsel for the Attorney General in the Supreme Court hearing on the extradition of the INLA member Dominic McGlinchey.

He was appointed a Circuit Court judge at the age of 40. During his time in that position he sat on the bench of Court 14 of the Circuit Criminal Court, a tough position and one where he earned a reputation for fairness and compassion. He is known to have visited prisons to see at first hand the condition of the institutions to which he was sentencing people.

The thoughtfulness which he brought to his work in the criminal courts and other activities over the years have illustrated his social concern. In 1994 he chaired the Dublin Lord Mayor's Commission on Crime. The commission's report emphasised the fact that most victims of crime were living in deprived areas and countered the view that it was the middle class which suffered most from criminals. As chairman of the Catholic Youth Council for six years, he concentrated on young people from less well-off backgrounds. His politics have been described as "Labour with a small ".

He is married to a senior counsel, Ms Mary Irvine, a former amateur golfing international, and they have three children. He has a keen interest in sport and used to play soccer and cricket. He is also an opera enthusiast and has described himself as a "bad tenor". He likes "a nice bottle of wine", but denies that he is a connoisseur.

A senior counsel says Mr Justice Moriarty's reputation grew during his time as a Circuit Court judge. He was appointed to the High Court in March 1996 and since then has presided in the high profile Michelle Rocca vs Cathal Ryan and Proinsias De Rossa vs Independent Newspapers cases. During the latter, those who sat through the lengthy hearings remarked on his good sense, politeness and eloquence.

"He's a good judge and he's calm," says a senior counsel. "He keeps a tight grip on a case, which is important. He doesn't let it wander all over the place. That will be important during the tribunal."

It is hard to find anyone who has a bad word to say about him. "I'm afraid he's a bit of a do-gooder," his wife told The Irish Times last year. "He's the sort of man who's very accommodating and very polite. But there's a very tough streak underneath. He has his own way of manipulating people. It's a slow turn of the screw."

Someone who knows him from the Pembroke Cricket Club, where he is president, has also seen evidence of this tough streak. "When he played he was a good batsman. He was very determined, very hard to get out. Determined, competitive, sticky, that sort of batsman." These are traits which could come in useful over the next few weeks or months.