The Moriarty tribunal had its most heated moments in its eight-year history yesterday, writes Colm Keena
Wigs and insults flew at the Moriarty tribunal yesterday in the biggest public bust-up since it was established in 1997.
At one stage, counsel for the tribunal, John Coughlan SC said that in all his years in practice he had never heard a barrister behave in the way counsel for Denis O'Brien, Eoin McGonigal SC, was behaving.
When chairman Mr Justice Moriarty commented that he "found it disappointing", Mr McGonigal responded: "Well, I'm sorry to disappoint you too."
Dermot Desmond was in attendance at the tribunal as an observer. At one stage during the row he switched on his barrister's microphone and asked if he could say a few words.
No, said the chairman, and the multimillionaire tax exile acquiesced and sat there quietly.
Some weeks ago Mr Desmond, who made more than €130 million from his involvement in Esat Digifone, issued an open letter to Mr Justice Moriarty in which he said he had lost confidence in him. Mr O'Brien has also recently issued a broadside against the poor judge.
Six legal teams, representing a small fortune in taxpayers' money, sat in the hall in Dublin Castle yesterday as Mr McGonigal complained about the role of tribunal counsel Jerry Healy SC in the ongoing inquiry into the 1995 mobile phone licence competition.
Mr Healy did some work in 1996 for Persona, the consortium that came second in the competition and which is now suing the State. This has been known for some time, but it was not until lunchtime yesterday Mr McGonigal learned that, in March 2001, Mr Healy had been given a waiver by Persona to disclose to the tribunal any information he had gained in the course of his work for Persona.
Mr McGonigal said he was "stunned" this fact was "withheld deliberately" by the tribunal.
Mr Coughlan, for the tribunal, said that at the time the licence inquiry began, Mr Healy had told Mr McGonigal that he had worked for Persona, and Mr McGonigal, having consulted his client, said Mr O'Brien had no objection to Mr Healy continuing with his work.
As temperatures and voices rose, the chairman asked of Mr McGonigal: "What was said in private between counsel now accounts for nothing, does it, Mr McGonigal? Is this the standard that you are bringing to this?"
Mr McGonigal said he should have been told of the waiver. He was "totally and utterly surprised by the information not being released". The chairman said: "So it means, Mr McGonigal, you are going to utilise this matter, in which your colleague made full disclosure to you, to see if you can attempt to blacken the personnel of the tribunal."
"Absolute rubbish, chairman," responded Mr McGonigal. The issue was one of conflict, he said. Persona was using the tribunal to get evidence for its case. "We will not turn a blind eye to these issues, even if others want to."
When Mr Justice Moriarty asked if Mr McGonigal was prepared to pursue the matter to the level where he eroded his relationship with his colleagues, Mr McGonigal replied: "If at any stage I have to do something which is in the interest of my client and of justice, I will do it, and to hell with who is suffering because of it."