The Moriarty (Payments to Politicians) tribunal, which last sat in June 2007 and was thought to have concluded its public hearings, is to hear evidence from a new witness.
Dr Peter Bacon, the economist who produced a confidential report for the tribunal in March 2003 on the 1995 mobile phone licence competition won by Denis O'Brien's Esat Digifone, is to be called so he can be questioned about his engagement by the tribunal, The Irish Times has learned.
No public announcement has, as yet, been made by the tribunal. The hearing is expected in the next few weeks and follows pressure for such a sitting from Mr O'Brien.
Mr O'Brien and other parties are of the view that the tribunal's questioning of the civil servants who evaluated the entries to the 1995 competition was influenced by Dr Bacon's 2003 report. However, it was not until some time later, in 2005, that Mr O'Brien and others learned of the existence of Dr Bacon's report, during judicial review proceedings.
Early last year Mr Justice Moriarty told the Government that he would complete his second report, on matters concerning the former minister for transport, energy and communications, Michael Lowry, by the end of 2007. Mr Lowry's department evaluated the 1995 licence competition. Last year Mr O'Brien said the fact that the existence of Dr Bacon's report was not made known to interested parties at the time the civil servants were being questioned constituted a procedural flaw that could have a "serious (possibly fatal) impact on all of the evidence" heard concerning the licence competition.
The decision to call Dr Bacon, six months after what was considered to have been the end of the tribunal's public hearings, is the latest twist in a lengthy scenario concerning Dr Bacon's involvement.
Last July Mr Justice Moriarty ruled he would not call Dr Bacon, reversing the tribunal's stance.
Mr O'Brien is understood to be seeking access to all material held by the tribunal concerning Dr Bacon's engagement and his work for the tribunal, including notes arising from meetings he may have had with the tribunal's legal team.
The tribunal's public inquiry into the licence competition opened in December 2002 and was the longest single module conducted by the tribunal, only (seemingly) concluding last year. It in turn had been preceded by almost a year of private inquiries. Mr Justice Moriarty has described the licence inquiry as a "tribunal within a tribunal".
The tribunal is investigating whether Mr Lowry, who was precluded from involvement in the licence process, influenced its outcome to Esat Digifone's advantage.
Prior to the initiating of the lengthy licence inquiry, the tribunal inquired into possible financial links between Mr O'Brien and Mr Lowry. Both men have strongly rejected suggestions that Mr O'Brien gave any financial support to Mr Lowry.