O'Brien and Lowry say document clears them

BUSINESSMAN DENIS O’Brien and former minister for communications Michael Lowry have claimed a newly revealed document exonerates their behaviour in relation to the awarding of the second mobile phone licence.

Both men are also claiming the document, a confidential memo furnished to the Department of Communications a week before the licence was awarded in 1996, undermines the preliminary findings of the Moriarty tribunal in relation to them.

Separately, they have called on the tribunal to investigate the issues raised by the memo, written by Richard Nesbitt SC, and the circumstances in which it remained hidden for more than a decade. Any inquiry is likely to lengthen the life of the tribunal even further.

Mr O’Brien said yesterday that Mr Nesbitt’s legal advice, which was circulated by the tribunal earlier this month, “fundamentally and comprehensively rubbishes” the claim of political interference in the awarding of the State’s second mobile phone licence to his consortium. He called on the tribunal to withdraw its preliminary findings to take account of the document, a confidential memo furnished to the department in May 1996, or else investigate the issues raised by it.

Mr Lowry said it destroyed the tribunal’s case against him by showing there was no improper behaviour in relation to the award of the licence.

The memo came to light after Minister for Communications Éamon Ryan told the tribunal his department was withdrawing a claim of privilege over the legal advice it contained.