Moriarty accepts O'Brien refusal to attend

The Moriarty tribunal has accepted the refusal of businessman Mr Denis O'Brien to attend to give evidence this week following the birth of his daughter in London at the weekend.

The tribunal chairman, Mr Justice Moriarty, said he had been presented with a "fait accompli" after Mr O'Brien, through his solicitors, informed the tribunal he wanted to spend some time with his wife and two young children. Mr O'Brien is a tax exile and lives in Portugal.

Mr O'Brien, through his solicitors, originally informed the tribunal that he wanted to take a two-week break. "He regards this period as a minimum which should reasonably be taken by him to discharge his parental responsibilities."

Ms Catherine O'Brien gave birth on Saturday in a hospital in London. Mr O'Brien left for London on Thursday night after his wife developed complications. He did not appear, as scheduled, to give evidence in Dublin Castle on Friday and failed to appear again yesterday.

His father, Mr Denis O'Brien snr, speaking on RTE Radio yesterday, said the family felt the demands made by the tribunal were "incredible. I'll tell you straight, we feel this is a McCarthy of the 50s witch-hunt."

Ms O'Brien was personally represented at yesterday's tribunal sitting where Mr Garrett Cooney SC said said her happiness at the birth of her daughter had been "marred by some of the remarks" made at the tribunal on Friday.

She was further distressed, Mr Cooney said, when the tribunal subsequently sought a report from her London gynaecologist. He said his client's desire to have her husband with her until she leaves hospital at the end of this week "is something which is understandable by anybody with any sense of common humanity".

Mr Justice Moriarty said he understood Ms O'Brien's wish for privacy and the stress and strain she was occasioned, but did not "propose to make any apology".

When Mr O'Brien said he had at all times co-operated with the tribunal, the tribunal responded that Mr O'Brien had not brought to the attention of the tribunal the controversial Esat/ Telenor contribution to Fine Gael. It also said his 1996 comment that he had made a £100,000 payment to former minister Mr Michael Lowry had not been brought to its attention.

Because of Mr O'Brien's refusal to appear, public sittings are unlikely to resume until Monday.