Independent TD Michael Lowry has asked for permission to speak to the Moriarty Tribunal again before its final report is issued.
Mr Lowry, who was minister for transport, energy and communications at the time the second mobile licence was issued to Denis O'Brien's Esat Digifone in May 1996, said today it has been over five years since he last appeared before the tribunal.
"I have an absolute entitlement to comment on all evidence presented before the tribunal in relation to the licence project and before he (tribunal chairman Mr Justice Michael Moriarty) presents his final report I have a legitimate expectation that I will be provided with the opportunity to give evidence in response to all the evidence," he said in an interview with RTÉ News.
"Since I gave evidence, six witnesses have given evidence and numerous additional information has come to hand so I'm entitled to that right and I will be again asking the chairman to concede and allow me to be reheard at the tribunal," added Mr Lowry.
The Tipperary North TD said yesterday it was “bewildering” that until recently the tribunal was of the view that it was finished its work and ready to publish its report.
It emerged yesterday that two officials from the office of the Attorney General are to give important new evidence to the Moriarty tribunal this week concerning a key issue on which it has to rule in its final report.
Yesterday in confidential documentation circulated to interested parties, it was said for the first time that the tribunal met privately with one of the officials as far back as October 2002.
The two officials, John Gormley and Denis McFadden, both qualified barristers, are expected to support evidence heard last year from senior counsel Richard Nesbitt, who said he had a “crystal clear” recollection of giving oral legal advice to the State in 1996, concerning the legality of issuing a mobile phone licence to Esat Digifone.
They are due to begin their evidence on Thursday and their statements to the tribunal were circulated yesterday. Both say they recall Mr Nesbitt saying the licence could be issued to Esat Digifone, despite changes to the ownership of the consortium in the period since it had first bid for the licence.
Mr McFadden said when he met the tribunal in October 2002, he was of the view that written advice given by Mr Nesbitt at the time also covered the issue. The tribunal chairman has said the written advice from Mr Nesbitt does not address the issue.
The fact that Mr McFadden had met the tribunal in private in October 2002 and discussed the issue of the legal advice given by Mr Nesbitt was not known to most parties involved in the tribunal until the statements were circulated yesterday.