CHIEF JUSTICE Mr Justice John Murray has called on the Moriarty tribunal to give an indication as to when its report is likely to be published. He had not detected “any great movement” concerning the report over the past 10 or 12 years, he said.
He made his comments while dealing with preparatory issues for a forthcoming appeal by businessman Denis O’Brien against the High Court’s recent rejection of his challenge to restraints imposed on his lawyers’ cross-examination of a key witness before the tribunal, Danish telecommunications consultant Prof Michael Andersen.
Paul O’Higgins SC, for Mr O’Brien, sought an early hearing of the appeal and added his side had sought, but had not secured, an undertaking from the tribunal not to publish its report before the appeal was determined.
John Gordon SC, for the tribunal, indicated his side would facilitate an early appeal hearing. He had no instructions as to when the tribunal report would be issued, counsel said.
The Chief Justice said there was considerable pressure on the court list but he would list the matter for mention again on April 7th, when the position would be clearer and the application for a priority hearing of the appeal could be renewed.
He said the tribunal should be in a position then – if it had not done so in the interim – to indicate to the court when it anticipates its report would be published.
“We need some indication,” he said.
“I am not asking for a time but at least an indication when it is likely to occur or within which it will not occur.”
He had not detected any great movement concerning the report over the past 10 or 12 years, he said.
He was not asking the tribunal to facilitate the applicant – Mr O’Brien – in this case but rather to facilitate the court, he said.