THE MORIARTY tribunal is coming under renewed pressure to call further witnesses after it responded this week to criticism of its proposed findings in relation to the legality of the issuing of the State’s second mobile phone licence to Esat Digifone in 1996.
It had been thought that the tribunal was now finished with the process whereby it allowed affected parties to respond to its proposed findings and that the report would be published over the coming weeks.
However, it is understood the tribunal is coming under renewed pressure to call witnesses from the office of the Attorney General (AG) to give evidence concerning the legal advice given to the Department of Transport, Energy and Communications prior to the issuing of the licence. The tribunal has investigated whether the licence should have been issued to Esat Digifone given that at the time it applied for the licence, Dermot Desmond’s IIU Ltd, was not a member of the Esat consortium. However by the time the licence was being issued, he was a 20 per cent shareholder.
Barrister Richard Nesbitt SC, who gave advice to the department in 1996, has told the tribunal he has a “crystal clear” recollection of giving oral advice to the effect that the licence could be issued. The advice was commissioned by the AG’s office and forwarded to the department by that office, as its advice. Mr Nesbitt spoke with officials from the department and the AG’s office.
The tribunal’s finding in relation to Mr Nesbitt and his advice is being considered a vitally important part of the forthcoming report by the department and the AG’s office, as well as the State generally.
The decision of the tribunal chairman, Mr Justice Moriarty, to write to the affected parties about his provisional finding in relation to the legality issue, and Mr Nesbitt’s evidence, is understood to be unusual if not unprecedented. The content of the letter has prompted renewed calls that officials from the AG’s office should be called. Parties have been given until Monday to respond to the letter from the tribunal, which was sent earlier this week.
The inquiry was established in 1997 and published a report on matters concerning payments to the late Charles Haughey in December 2006. The forthcoming report will deal with payments to former government minister and now Independent TD for Tipperary North, Michael Lowry.
Last month Mr Lowry criticised the tribunal for the the conduct of its investigation, the €300 million cost of the inquiry and the fact €40 million has been paid to its own legal team.
Mr Lowry said that he had been denied the opportunity to address the evidence given since 2005 about the issuing of the licence.
He said the main allegation the tribunal had made against the licence process was overturned when Mr Nesbitt gave evidence of the advice he provided to the office of the attorney general. “Nesbitt’s advice to the government was perfectly clear. That was to issue the licence and that there was no problem about this ownership issue,” he said.