GARDAÍ ARE investigating whether phones at the Moriarty tribunal were tapped in the weeks running up to the publication of its report last week.
The investigation is centred on the phone of tribunal chairman Mr Justice Michael Moriarty, and follows concern within the inquiry that private information may have been accessed by a third party.
Garda technical experts from the force’s crime and security branch visited the tribunal’s offices the week before Mr Justice Moriarty’s final report was published. They found no evidence telephone apparatus in the office had been tapped or interfered with.
It is understood the investigation is ongoing and that gardaí are looking at whether the exchange through which the calls were routed could have been tapped. However, it is thought it would be very difficult to tap the exchange.
The alleged breach of security was first reported yesterday evening by RTÉ, which said the tribunal had refused to comment.
Meanwhile, the group which was runner-up to Denis O’Brien’s consortium in the competition for the second mobile phone licence has called on the State to refund the expenses of all the unsuccessful bidders. Persona, which is suing the State over the licence award, said the tribunal report vindicated its claims that the process was not conducted in a fair and equitable manner.
Persona chairman Tony Boyle said his consortium raised its concerns with politicians but he claimed they were not listened to.
The tribunal found Mr O’Brien made payments to the then minister for communications Michael Lowry, who “secured the winning” of the licence to Esat. Both men have rejected its findings.
Minister for Agriculture Simon Coveney said yesterday it was a matter for Mr Lowry to decide whether or not to resign as a TD. “What he does with his political future now is up to him and the people of north Tipperary.”
Mr Coveney said he accepted the conclusions of the tribunal report. It would be unacceptable for Mr Lowry not to take part in this debate, he told RTÉ Radio.
Yesterday, Mr Boyle said Persona sought an explanation from the then minister for communications Michael Lowry for the award to Esat but he “provided no answers”. Mr Boyle said representations were made to the then taoiseach John Bruton but he said he was happy with the decision.
Retired Supreme Court judge Catherine McGuinness expressed her support for Mr Justice Michael Moriarty, following criticism of him, the judiciary and members of the legal profession by Mr O’Brien. “I’ve always had the greatest respect for Mr Justice Moriarty, and am very familiar with his judicial work over the years,” she said.
Referring to recommendations made by Mr Justice Moriarty in his 2006 report, which included financial regulatory changes, Professor Niamh Brennan, director of the Centre for Corporate Governance, UCD said: “If only his recommendations were taken more seriously at that time, maybe the country wouldn’t be in the state it is in at the moment”.