FORMER MINISTER for communications Michael Lowry began questioning the lead consultant to the 1995 mobile phone licence competition yesterday, claiming the Moriarty tribunal and the media were trying to “plaster” him with the allegation he tried to speed up the process.
Mr Lowry, who has said he can no longer afford to pay for legal representation, also strongly criticised one of the senior members of the tribunal’s legal team, Jerry Healy SC, prior to putting his first question in Dublin Castle yesterday.
The Tipperary TD said the tribunal was attempting to cover up the “unacceptable approach” Mr Healy had adopted in private dealings with potential witnesses during the private phase of the tribunal’s inquiries.
The witness, Danish consultant Prof Michael Andersen, has said he detected a bias on Mr Healy’s part during private dealings with him in 2002 concerning the tribunal’s inquiry into the licence competition.
Prof Andersen has said that it was as a result of his private dealings with the tribunal legal team, that he began to seek an indemnity from the Irish State against not just his legal costs but any damages he might have to pay arising from the tribunal’s inquiries. The indemnity was not granted and it was not until businessman Denis O’Brien provided Prof Andersen with such an indemnity earlier this year, that he agreed to come to give evidence.
Mr O’Brien’s Esat Digifone won the licence competition and the tribunal is investigating whether Mr Lowry did anything to favour Esat.
Tribunal chairman Mr Justice Michael Moriarty has ruled that Mr Lowry and others cannot question Prof Andersen about his dealings in private with Mr Healy and other members of the legal team. Mr Lowry said the inquiry was obstructing his ability to “expose the appalling behaviour” of Mr Healy. He said notes of meetings Mr Healy had with Prof Andersen showed a “totally inappropriate level of insinuation” from Mr Healy to Prof Andersen.
Mr Lowry said the witness had no idea of the lengths the media and the tribunal went to “plaster me” with the allegation that he had accelerated the licence competition process (so as to favour Esat).
“It is an allegation that has plagued me for years,” Mr Lowry said. He said another allegation was that he had somehow “got to” Prof Andersen. The witness confirmed that they had never met, never spoken to each other and never had any contact in any shape or form.
“Until this time at the tribunal I have not seen you, spoken with you, sent you text messages, or sent snail mail to you or whatever,” Prof Andersen said. “I’ve been looking forward to seeing how much influence you could exert on me, Mr Lowry,” Prof Andersen said, to general laughter.
Mr Lowry is to continue his questioning of the consultant today. Although he had no legal team yesterday, public relations executive Valerie O’Reilly, who acts for Mr Lowry, and his accountant Denis O’Connor were in attendance.