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Millionaire businessman Denis O'Brien has lost his legal attempt to restrain the Moriarty tribunal from calling economist Peter Bacon to give evidence in public about the procedures which led to the awarding of the State's second mobile phone licence to Esat Digifone.

Mr O'Brien had claimed a report prepared by Mr Bacon about the evaluation process - which led to the awarding of the mobile phone licence to Esat - did not constitute evidence and was inadmissible before the tribunal.