The former programme manager to Mr Dick Spring expressed surprise in October 1995 when he heard the decision to announce that Esat Digifone had won the competition for the State's second mobile phone licence.
In a statement of intended evidence to the tribunal, Mr Greg Sparks said he believed the decision to make the announcement was made after Mr Michael Lowry telephoned the then Taoiseach, Mr John Bruton, on October 25th, 1995, and told him that a final report had been received from Danish consultants Andersen Management International (AMI).
At the time Mr Bruton was at a meeting in his office with Mr Spring, Mr Ruairí Quinn and Mr Proinsias De Rossa. Mr Lowry joined the meeting and the decision was made to accept the AMI recommendation that Esat Digifone had submitted the best bid.
Later, when he was told this by Mr Spring, Mr Sparks said he was surprised. As programme manager to Mr Spring, he said it was normal then for programme managers to be given documents on major decisions for consideration prior to cabinet or sub-committees of the cabinet making a ruling.
Mr Sparks said he told Mr Spring he believed the licence would allow the winning consortium to make "super profits" and he believed Esat Digifone at that time was "not financially strong", although this might be resolved once it transpired that Digifone was to be awarded the licence. He also said he had heard rumours that Mr Dermot Desmond was involved in Digifone and he wondered if his involvement was queried in the context of Mr Desmond's role in the Johnson Mooney & O'Brien site report.
Mr Sparks said he was told by Mr Spring he had not been aware of these points. Mr Spring had said that in his opinion the Andersen report had given a clear recommendation and that recommendation had been accepted.
Mr Martin Brennan, the civil servant who chaired the team which selected Digifone's bid, said it was his opinion that if the normal briefing papers were put about, it would have been impossible to guarantee confidentiality.
The tribunal heard that a note taken by Mr Arthur Moran, a solicitor with Matheson Ormsby Prentice on October 10th, 1995, during a meeting with Mr Pers Simmonsen of Digifone consortium member Telenor, recorded that although the decision in the competition was scheduled to be arrived at by the end of November, "in fact" the decision was due in two to three weeks.
"So Mr Simmonsen had very accurate information," said Mr JeHealy SC, for the tribunal. "It appears to be the case," said Mr Brennan. At around this time, Mr Andersen of AMI had expressed the view that the process would be completed by around October 25th. Earlier in the month the minister, Mr Lowry, had asked that the selection process be speeded up. Mr Brennan said it may be the case that he subsequently told the minister the timeframe the assessment team had in mind. He said he never told Mr Simmonsen.
