Businessman failed to produce video evidence

Two Englishmen promised key documents on Doncaster deal, writes Colm Keena, Public Affairs Correspondent

Two Englishmen, one of whom has served time in connection with arson, turned up unannounced at the Moriarty tribunal on December 9th, 2003, the High Court was told yesterday.

Ken Richardson (the ex-convict) and Mark Weaver were known to the tribunal as they were the vendors of Doncaster Rovers Football Club Ltd, a company sold in August 1998 for £4 million sterling (€3.31 million). Denis O'Brien has said the company was bought by his family trust.

In the course of the meeting between the two businessmen and barristers for the tribunal, Mr Richardson said he had videos of conversations with Kevin Phelan and Christopher Vaughan. "These," he said, "record Kevin Phelan and Christopher Vaughan stating that money had been given to Michael Lowry", a note of the meeting recorded.

Mr Phelan is a businessman from Northern Ireland who acted as "introducer" of the Doncaster deal to its eventual purchaser. Mr Vaughan is an English solicitor who acted for the purchaser. Both men are refusing to give evidence to the tribunal.

Mr Richardson told the barristers that he had documents that would be of interest to the tribunal.

The documents might be of interest to consortiums that had lost out in the 1995 competition for the State's second mobile phone licence, he indicated.

In the event neither of the men produced any of this material and the tribunal has given up dealing with them. Eoin McGonigal SC, for Denis O'Brien jnr, said the two Englishmen were continually wandering in and out of the Doncaster issue, making allegations, but were not available to give evidence.

Following the Doncaster purchase there was a falling out between the vendors and the purchaser and the matter went to mediation in London. According to Denis O'Brien snr, at one stage the two Englishmen tried to bribe him, asking him for £2.5 million for documents that otherwise would go to a US telecoms company. Mr O'Brien filed a blackmail complaint with the London police.

Mr McGonigal said there was no evidence available to justify the tribunal's decision to go into public hearings on the Doncaster matter. Mr Justice Henry Abbott asked was it not a state of affairs that might create public disquiet and should not be left "hanging there".

Mr McGonigal said there was no right to hold a public inquiry into the private affairs of Denis O'Brien (jnr) unless there was a connection with a public issue.

Brian Murray SC, for the tribunal, said the Doncaster issue had been presented to the court as if it was a standalone issue, but this was not the case. It was best seen as part of a series of questions that have to do with whether Mr O'Brien provided money or benefits to Mr Lowry.

Mr Murray said the tribunal had already inquired into two property transactions in the UK, in Mansfield and Cheadle, with which Mr Lowry had a beneficial involvement. Mr Vaughan and Mr Phelan had been involved in these transactions and there was evidence, which was disputed, suggesting the money used in the transactions came from Mr O'Brien.

Mr Lowry has told the tribunal he first came in contact with Mr Phelan in late 1997. Mr Murray said he should point out that it was also about that time that Mr Phelan first became involved in the Doncaster project and first got Mr Vaughan involved.

He said it was 1998 before Mr Phelan introduced Mr Lowry to the Mansfield transaction. Aidan Phelan, a financial adviser to Mr O'Brien who had dealings with Kevin Phelan (no relative) in relation to the Doncaster deal, became involved in the Mansfield project and secured money to settle the deal. The money came from an account of Mr O'Brien's. Mr O'Brien and Aidan Phelan say it was money due to Mr Phelan.

The Cheadle deal was brought to Mr Lowry's attention by Kevin Phelan in May 1999. Again Aidan Phelan was involved. Some money left over from the Mansfield deal was used.

Mr Murray said a letter from Kevin Phelan to Aidan Phelan in August 1999 dealt with a number of the UK deals. One part read: "ML. Kevin Phelan to refer all queries regarding Doncaster to Aidan Phelan."