THE STATE will seek to overturn in the courts any negative preliminary findings against it by the Moriarty tribunal, lawyers for the Government warned yesterday.
The tribunal is to hear over the coming two weeks from Danish expert Michael Andersen, lead consultant to the 1995 mobile phone licence competition. However, the tribunal has edited the statement of intended evidence submitted by Mr Andersen last April.
Yesterday, John O’Donnell SC, for the Department of Communications, said the tribunal had taken out those parts of the statement that “didn’t suit it”.
However, counsel for the tribunal Jacqueline O’Brien SC said it had taken out the parts of the statement that referred to its confidential preliminary findings. Releasing those findings into the public domain could cause reputational damage to affected parties.
Counsel for a number of parties were surprised yesterday morning when it emerged former tánaiste and attorney general Michael McDowell SC is to conduct the examination of Mr Andersen.
A number of parties said Mr McDowell had a conflict of interest because of his attitude towards the licence competition during his political career, and his role in cross-examining Mr Andersen in a High Court case some years ago.
However, tribunal chairman Mr Justice Michael Moriarty said he was going to continue.
Counsel for businessmen Denis O’Brien and Dermot Desmond said they would be seeking a judicial review. It is expected Mr O’Brien will seek an injuction this morning preventing Mr McDowell from continuing with his examination.
Ironically, it is because of the efforts of Mr O’Brien that Mr Andersen has agreed to give evidence. He declined to give evidence to the tribunal in 2003 after his request for an indemnity from the State was rejected.
Mr O’Brien’s solicitor, Paul Meagher of Meagher solicitors, informed the tribunal in April Mr Andersen would now give evidence.
In August, the tribunal discovered Mr Andersen had changed his mind in part because he had been given an indemnity by Mr O’Brien. Mr Meagher only learned of this in September.
