A TARGET of early January for the second report of the Moriarty (Payments to Politicians) tribunal appears “completely unrealistic”, a source with knowledge of its affairs said yesterday.
The comment came after Taoiseach Brian Cowen told the Dáil that the chairman of the tribunal, Mr Justice Michael Moriarty, intended the report would be published by early January, barring factors outside his control.
The tribunal was established in 1997. It last sat in July, when it heard evidence from businessman Massimo Prelz, who was involved in deals with businessman Denis O’Brien about the funding of the Esat Digifone consortium in 1995.
Mr Prelz, who gave evidence when Mr O’Brien requested he be called, is due to return to the witness box though no date has as yet been announced. Other new testimony may also have to be heard, Mr Cowen said yesterday.
Mr Prelz was called after the tribunal released provisional findings late last year, to allow affected parties respond.
The response of some parties led to the recalling of a number of witnesses, and the calling of Mr Prelz, English solicitor Christopher Vaughan, and barrister Richard Nesbitt SC.
It is believed the tribunal may have to issue new provisional findings for those parts of its report affected by the new evidence, though whether there will be any substantial changes involved is unclear. The affected parties will then have a further period to respond.
It is understood Mr O’Brien has not as yet made his substantive response to the provisional findings.
The tribunal’s second report will deal with payments to the former government minister, Michael Lowry. A key section of the report will concern whether Mr Lowry got financial support from Mr O’Brien and whether he interfered in the process that led to Esat Digifone getting a mobile phone licence from Mr Lowry’s department in 1996.
In his first report, in December 2006, Mr Justice Moriarty included a letter to the then taoiseach, Bertie Ahern, in which he said his second and final report would be “furnished at the earliest practicable date in 2007”.
In June Mr Cowen told the Dáil the report would be ready “later this year”.
It is believed the chairman has all but completed the report and will have it ready for publication a short time after he has completed his various confidential communications with the affected parties.
However, he himself has on a number of occasions expressed the opinion during hearings that the report would be issued by particular dates, only to see those dates pass and the tribunal’s work continue.
Once the report is issued, third parties can then apply for their costs, and the true cost of the tribunal will begin to become apparent.