O'Brien fax indicates Lowry suggested bid partner

A fax from Denis O'Brien dated April 1995 indicates a suggestion was made to him by Michael Lowry that France Telecom might be a suitable partner for him in his Esat Digifone consortium, the tribunal heard.

Senior counsel Jacqueline O'Brien, for the tribunal, read a short opening statement as the tribunal resumed public hearings into the second mobile phone licence competition. It last heard evidence on the matter in Easter 2004.

Ms O'Brien said the tribunal was to recall civil servants Martin Brennan and Fintan Towey, hear the conclusion of the evidence of Denis O'Brien and to hear Michael Lowry's testimony.

A review of documentation in the offices of William Fry, solicitors for Mr O'Brien, had produced a fax dated April 5th, 1995, from Mr O'Brien to Massimo Prelz, of Advent International. The fax reads: "The minister spoke to me yesterday and suggested I contact France Telecom as they have no partner. I am meeting them tonight for dinner."

At the time Mr O'Brien was seeking a partner for his Esat Digifone consortium.

Ms O'Brien said the fax would seem to indicate a "technical breach" of the protocol which then existed covering contacts between the minister and likely bidders for the proposed licence competition.

She said Mr O'Brien and Mr Lowry were both in attendance at a communications conference in the RDS, Dublin, in April 1995, where Mr Lowry had made a speech. Mr O'Brien had informed the tribunal that his diary indicated he had attended the conference and also that he had the following day had dinner in Paris with representatives of France Telecom.

She said Mr Lowry had informed the tribunal that he had no recollection of a conversation with Mr O'Brien at the RDS.