Moriarty defends tribunal in face of 'sustained attack'

THE CHAIRMAN of the Moriarty tribunal has issued a statement to “assert the integrity of the tribunal” in response to a “sustained attack” on its work.

The unprecedented statement from Mr Justice Michael Moriarty was posted on the tribunal’s website yesterday afternoon and followed a fortnight during which the work of the tribunal had been questioned in a number of newspaper articles, and on radio and TV.

The tribunal chairman had never before responded in this way to media coverage.

The coverage has concerned developments in the tribunal’s marathon inquiry into the granting of the State’s second mobile phone licence to Denis O’Brien’s Esat Digifone in 1996.

In his statement, Mr Justice Moriarty said the recent comment in the public domain had formed part of a sustained attack on the work of the tribunal and had rendered it necessary, in order to assert the integrity of the tribunal, to clarify a number of matters.

“For the absolute avoidance of doubt, it is not permissible for me, and it is not part of my purpose, to engage in media debate with any person, in relation to any of the criticisms which have been made of the good faith of the tribunal, and of members of the tribunal legal team.

“The sole purpose of this unprecedented statement is to make clear that I have to date endeavoured to discharge my remit to the best of my ability, in accordance with the oath of office which I took when I was appointed a judge of the High Court.

“I wish to make it clear that none of these criticisms will interfere with the impartial discharge of my remit; nor will they deflect me from ensuring that fair procedures are adhered to in bringing my work to conclusion; and nor will they inhibit me from reporting without fear or favour.”

Mr Justice Moriarty said his report would be based solely on evidence heard at public sittings of the tribunal, and not on unsworn speculation or allegations from whatever source.

Recently, it emerged that a key figure in the process that led to Esat being awarded the licence, but who had not given evidence to the tribunal inquiry, was now available to give evidence.

Danish consultant Michael Andersen was the lead adviser to the Department of Transport, Energy and Communications when it ran a competition for the licence in 1995. Mr Andersen did not give evidence in 2003, when other parties were being questioned, because of concerns for the financial implications for his company, AMI.

It is understood the factors that prevented him giving evidence have now changed. This is one of the matters he is likely to be questioned about when he comes to give evidence.

A spokesman for Mr O’Brien said he would be issuing a lengthy and detailed statement on Sunday that would include a response to that of Mr Justice Moriarty.

The tribunal, which was established in 1997, issued a report in 2006 which covered matters to do with the former taoiseach, the late Charles Haughey. Its second and final report will deal with matters concerning Michael Lowry, who was minister for communications when the mobile phone licence was issued.

Provisional findings on the Lowry matters were issued in October 2008, but a number of new witnesses have been heard since then, leading to revised provisional findings.