Call to set aside 1995 Esat mobile decision

TAOISEACH ENDA Kenny has been called upon to overturn the outcome of the 1995 mobile phone licence competition.

Dublin businessman Tony Boyle was speaking in the wake of the Supreme Court’s explanation on Wednesday of its decision to allow challenges of corruption against the State arising from the competition.

Mr Boyle and his business partner, Michael McGinley, are the owners of Persona – an entity that lodged a bid for the licence in 1995 and that Mr Boyle claimed would have won the competition were it not for the interference of the then minister for communications, Michael Lowry.

Mr Boyle said Mr Kenny had accepted the findings of the Moriarty tribunal, which found Mr Lowry had received payments from Mr O’Brien that were referrable to Mr Lowry’s interference in the licence competition in support of Mr O’Brien’s Esat Digifone, which won the competition.

“I call upon Mr Kenny to rectify the matter honourably,” said Mr Boyle. He suggested the Government “return the licence to its rightful owner”.

The Supreme Court has said Persona, and a second entity, Comcast, associated with businessman Declan Ganley, should be allowed proceed with their corruption cases against the State.

The State had sought to have the claims thrown out on the basis of undue delay. The two parties said they were entitled to see what evidence emerged from the proceedings of the tribunal.

Chief Justice Mrs Justice Susan Denham said the State had argued that the actions by Persona and Comcast were not in the public interest, but were private commercial interests. “However, this is not a case between private companies, rather it involves allegations of corruption by a minister of State. There is a public interest in determining such a claim of corruption in high office.”

Mr Ganley said he would pursue his claim “with vigour”.

Mr Lowry said he welcomed the prospect of the claims being tested in a court of law and said the State could not settle now, given what the Supreme Court had said.

Mr O’Brien had no comment. However, he has said previously that he welcomes the prospect of challenging the claims in a court.

A spokesman for the Minister for Communications Pat Rabbitte said: “The Government heard a report in July on the Supreme Court decision and decided that any action would be defended. That position has not changed.”