THE TELECOMS tycoon Denis O’Brien is providing indemnity cover to a key witness due to give evidence to the Moriarty Tribunal.
Mr O’Brien provided Danish consultant Michael Andersen with the indemnity earlier this year when Mr Andersen first offered to come to Ireland to give evidence.
Mr O’Brien’s solicitors notified the tribunal in April that the consultant, who had previously declined to come to Ireland to give evidence, was now willing to do so.
Mr Andersen was contacted by solicitors from Mr O’Brien’s team as part of the process whereby confidential preliminary findings, issued by the tribunal in November 2008, are being contested by parties who do not agree with them.
Mr O’Brien’s solicitors furnished the tribunal in April with a statement from Mr Andersen in which he said he was confident the former communications minister Michael Lowry had not interfered in the 1995 mobile phone licence in which he, Mr Andersen, played a key role.
He said he was willing to come to Dublin to give evidence.
Mr Andersen was the lead consultant for the State during the mobile phone licence competition that was won by Mr O’Brien’s Esat Digifone. The tribunal is investigating whether Mr Lowry interfered with the process.
In an interview with The Irish Timesyesterday, Mr O'Brien said he had every reason to provide the indemnity to Mr Andersen. "He's the star witness. He's the guy. I had every reason to do this. The tribunal should have done this, not me. I have every right to seek [out] any person who is going to come over here and vindicate me."
A few years ago, Mr O’Brien spent more than €500,000 in an unsuccessful High Court action where he tried to force the tribunal to take certain steps towards securing evidence from Mr Andersen.
Mr O’Brien said Mr Andersen’s decision not to give evidence to the tribunal some years ago arose from the tribunal’s statement to him that the 1995 competition was a “flawed process”.
Mr Andersen was concerned about damages being sought against him, and sought an indemnity from the State. The cabinet decided against any such indemnity. Mr O’Brien said that for statute of limitations reasons, Mr Andersen now had no need to fear being sued.
The tribunal has been in contact with Mr Andersen since April but it is not clear when he will be called or what is the cause for the delay. Mr O’Brien said he did not know who thought of contacting Mr Andersen. “We said to him, look this is very serious, for lots of people. He said he had been following it, had written to the tribunal but they had ignored his comments on the draft findings.
“And we said would you come if we indemnified you in relation to your costs? It is only his costs. And then he wrote to the tribunal and said, I’m coming.”