The Moriarty tribunal is concluding its inquiry into alleged payments to former minister Mr Michael Lowry, and further delay would not be in the public interest, the High Court was told yesterday.
Mr Michael Heneghan, solicitor to Mr Justice Moriarty, said the tribunal opposed businessman Mr Denis O'Brien's bid for an injunction restraining public hearings in respect of the purchase of Doncaster Rovers Football Club Ltd and whether or not Mr Lowry was involved.
He said Mr O'Brien's High Court application for an injunction did not disclose any grounds for complaint as to the holding of public hearings and, even if it did, the balance of justice and public interest favoured them going ahead.
Mr Heneghan said Mr O'Brien had been guilty of inordinate and inexcusable delay in seeking injunctive relief in the High Court. He had been aware since May 27th last of Mr Justice Moriarty's decision to proceed to public hearings in relation to the acquisition of Doncaster Rovers.
He told Mr Justice Herbert, who is hearing the O'Brien application, that the delay was such as, in itself, to preclude Mr O'Brien's claim restraining public hearings.
Mr Heneghan said an injunction restraining public hearings on the Doncaster project, pending a full High Court trial of Mr O'Brien's application and any appeals arising from it, could result in a very substantial delay in the conclusion of the tribunal.
He said the tribunal had made arrangements for the conduct of its current sittings for a considerable period and, as far as witnesses were concerned, arrangements had already been made in advance of proposed sittings.
"If the tribunal were obliged to abandon these sittings until the conclusion of (High Court) proceedings it would be without any other substantial body of evidence in readiness to take up the available time and it is likely the time would be lost irrevocably."
Mr O'Brien wants to stop the tribunal hearing in public evidence relating to the Doncaster project and the alleged connection of Mr Lowry to the deal. He claims Mr Justice Moriarty overstepped his powers by deciding to hear the evidence in public. The hearing continues.