Tribunal seeks Isle of Man documents

The Moriarty tribunal is seeking documentation concerning an Isle of Man company which was at the heart of the controversial dealings in the Telecom site in Balls bridge, Dublin, in the early 1990s.

Counsel for financier Mr Dermot Desmond told the tribunal yesterday his client would write to Freezone Investments Ltd stating he had no objection to the company making certain documents available.

Freezone Investments was at the centre of highly controversial dealings in the former Johnston Mooney & O'Brien site in Balls bridge, Dublin, during which an account was operated with TSB bank on Grafton Street, Dublin.

Mr Bill Shipsey SC said there was a question over who was now in control as Freezone had since been dissolved. He gave the commitment on behalf of Mr Desmond after a brief adjournment during which Mr Desmond was contacted by members of his legal team.

Immediately before the adjournment, the tribunal chairman, Mr Justice Moriarty, rejected arguments on behalf of Mr Desmond that yesterday's hearings be held in camera.

The purpose of the sitting was to make orders of discovery in relation to documents linked to Mr Desmond, and Mr Shipsey had argued that he should be allowed to make a case against the orders in the absence of the press and the public.

When Mr Justice Moriarty ruled against this, Mr Shipsey sought a brief adjournment, after which he announced that his client no longer wanted to argue against the issuing of the orders but would instead seek to co-operate with the tribunal in relation to securing the documentation.

The tribunal is also seeking documentation in relation to Dedeir, one of Mr Desmond's private investment companies. Mr Jerry Healy SC, for the tribunal, said that given the "paucity of documents" available in relation to this company, inquiries in relation to the company might be taken up by way of oral evidence from Mr Desmond.

The tribunal is also seeking other unidentified documentation from Mr Desmond. Last Wednesday it was adjourned to allow time to see if Mr Desmond would produce the documentation by consent, but this did not occur until Mr Shipsey failed to have his client's arguments against orders of discovery being heard in camera.

The tribunal is to resume hearing evidence on May 18th, and is to hear evidence in relation to a number of matters "pulling together loose ends of evidence already given", Mr Healy said.

The matters to be covered will include the raising of funds for the treatment of the late Brian Lenihan; dealings with Guinness & Mahon bank involving Central Tourist Holdings Ltd; investments by Mr Desmond in Feltrim Mining, now Minmet; and the "Wytrex" payment by Mr Ben Dunne which "appears to have been for the benefit of Mr Haughey".

Wytrex (Far East) Ltd is a company in the Far East linked to Dunnes Stores from which a payment of £200,000 sterling was made in November 1990 and lodged to the Ansbacher deposits. The payment was not discovered by the McCracken (Dunnes Payments) Tribunal. Mr Justice Moriarty said that after the phase due to start on May 18th, there would be a number of further phases before the tribunal completes the hearing of evidence.