EXPERT'S EVIDENCE:THE STATE'S lead consultant in the 1995 mobile phone licence competition has supported its outcome and his honesty has not been challenged, the tribunal was told.
However, the chairman of the tribunal rejected a submission that he state now that the licence had been fairly issued to Esat Digifone.
Jim O’Callaghan SC, for the founder of Esat, Denis O’Brien, made his submission after tribunal counsel Michael McDowell SC, finished his questioning of Michael Andersen.
Mr O’Callaghan said the tribunal had not challenged the honesty of Prof Andersen and it had not said Prof Andersen had given misleading evidence. It was clear Prof Andersen was key to the competition and that it could not have been interfered with if he was not interfered with. Prof Andersen stood over the outcome of the process, Mr O’Callaghan said.
It had never been put to the witness during the examination by Mr McDowell that the former minister Michael Lowry had interfered with the process, counsel said.
Mr O’Callaghan said the chairman should now state that he had conducted a lengthy inquiry and come to the conclusion that the licence had been fairly issued. There would be no need then for anyone to cross-examine Prof Andersen.
However, Mr Justice Moriarty said he had a duty to listen to all the evidence and then issue his report. When dealing with Prof Andersen’s evidence he would have to take into account the background to his attendance at the tribunal. He would also have to take into account other material matters.
Prof Andersen was then examined by Bill Shipsey SC, for businessman Dermot Desmond, one of the shareholders in Esat, and Mr O’Callaghan.
Asked about the Irish civil servants involved in the competition, Mr Andersen said he found them to be hard working and to have high personal integrity.
He found them to be similar to civil servants in Denmark, Norway, the Netherlands and Germany. Prof Andersen said he had been involved in more than 200 licence competitions.
Asked how many had led to his having to give evidence in court or in tribunals, he said Ireland was the only country where this had happened.
He said he had given evidence to the tribunal about the State’s second mobile phone licence, and in court about the third, which was issued to Meteor. He had also assisted the Irish Office of the Director of Telecom Regulation in two cases that ended in legal reviews.
“It is just a matter of fact” that Ireland was the only country where he had ended up in such legal issues. Though he had speculated quite a lot on the matter “I am not able to understand why,” he added.
Prof Andersen will continue his evidence today.
