O'Brien seeks early hearing on Moriarty injunction

The Supreme Court has been asked to grant an early hearing of an appeal by Mr Denis O'Brien against a High Court decision not…

The Supreme Court has been asked to grant an early hearing of an appeal by Mr Denis O'Brien against a High Court decision not to grant him an injunction against the Moriarty tribunal.

The High Court decided last week to deny the businessman an injunction preventing the tribunal from holding public hearings regarding the purchase of Doncaster Rovers Football Club and the involvement of Mr Michael Lowry in the deal.

Mr James O'Callaghan, for Mr O'Brien, told the Supreme Court today his side were anxious to have the matter decided as soon as possible.

Mr Brian Murray SC, for the tribunal, said it too wished to have an early appeal.

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Ms Justice Denham, presiding, listed the case for mention on Friday when counsel would be in a position to indicate how long the appeal might take.

The injunction application hearing ran for eight days in the High Court, and Mr Justice Herbert last week refused the injunction, stating he would give his reasons for that refusal this week.

When counsel for both sides receive those reasons, they will then be in a position to assess the likely duration of the Supreme Court appeal.

Doncaster Rovers Football Club Ltd had owned the lease of the club's football stadium and the Moriarty tribunal is inquiring into Mr O'Brien's purchase of the firm in 1998 and former Fine Gael Transport Minister Michael Lowry's alleged connection to that deal.

In seeking the injunction restraining the tribunal from holding public hearings regarding that matter, Mr Eoin McGonigal SC, for Mr O'Brien, argued there was no sufficient evidence justifying such a hearing and that the tribunal had failed to carry out a full and proper inquiry in private before making any decision on public hearings.

It was also contended that two vital witnesses were unavailable to give evidence before the tribunal.

Mr McGonigal said documents supplied to the tribunal clearly established there were no payments to Mr Lowry regarding the deal.

During the High Court hearing, counsel for the tribunal said the injunction application disclosed no grounds for complaint in relation to the holding of public hearings and that an injunction restraining such hearings could result in a very substantial delay for the tribunal ,which was concluding its inquiry into alleged payments to Mr Lowry.