Businessman Denis O’Brien has claimed before the High Court his rights to fair procedures and natural justice have been violated by a decision of the Moriarty tribunal to limit his legal team’s questioning of an expert witness.
The court has begun hearing Mr O’Brien’s challenge to the decision of tribunal chairman, Mr Justice Michael Moriarty, limiting both the amount of time and the extent of questions Mr O’Brien’s lawyers may ask Danish telecommunications expert,
Prof Michael Andersen. The case is expected to last three days.
Prof. Andersen was a witness as part of the tribunal’s investigation into the awarding of Ireland’s second mobile phone licence to Esat Digifone in the mid 1990s. He gave his evidence to the tribunal over a number of days between October 26th and November 5th last.
Mr O’Brien, St. Sligma, Malta, wants Prof Andersen recalled to be cross-examined without any restraints on Mr O’Brien’s lawyers.
Opening the case, Paul O’Higgins SC, with Jim O’Callaghan SC, said they wanted to quash the tribunal’s decisions of November 2nd prohibiting them cross-examining Prof Andersen in relation to his meetings with the tribunal’s legal representatives and about certain paragraphs in his statement to the tribunal.
They are also seeking to quash the tribunal’s decision to limit their cross-examining Prof Andersen for a period of five hours. Although an extra hour was had been given to Mr O’Brien’s lawyers by arrangement with the State, Mr O’Higgins said it was their case it was not possible to forecast a cross-examination in advance or how it would develop.
An injunction is also being sought to restrain the tribunal publishing part two of its final report until a full cross-examination is conducted in accordance with fair procedures and natural and constitutional justice, counsel said.
Asked by Mr Justice John Hedigan whether the court was being asked to “effectively micro-manage” the tribunal, Mr O’Higgins said that was not so. He said the proceedings were brought because of the “immense importance” of Prof Andersen.
Mr O’Brien’s lawyers must be able to cross-examine him in a manner which would vindicate Mr O’Brien’s rights, counsel argued. This case was about a point of principle and went far beyond the micro-management of one witness, counsel added.
The hearing resumes on Monday.