Mr Denis O'Brien yesterday denied making comments contained in documents presented as new evidence to the Moriarty tribunal.
The documents - from the former Esat Digifone chief executive, Mr Barry Maloney, and described by tribunal lawyers as "very significant" - included a further reference to a "middle man". Mr Maloney claimed Mr O'Brien told him this person was involved in an intended payment to Mr Michael Lowry.
In the witness box yesterday, Mr O'Brien denied making the comments. "I couldn't have said that because there was never any middle man. There was never any mention of a middle man," he said.
One of the documents was an undated, handwritten note from Mr Maloney which, he claimed, was written following a conversation with Mr O'Brien in October 1997. The note said: "Told me the monies did go to a middle man but never got to Lowry or his account. Did not deny any of our conversations."
When Mr O'Brien denied making this statement, Mr John Coughlan SC, counsel for the tribunal, asked: "So that note of Mr Maloney's is totally, totally wrong?"
Mr O'Brien responded: "I don't remember saying any of these things that are in this note." He queried the value of Mr Maloney's new evidence. He said it had come "suddenly out of nowhere".
He wondered how the evidence had been mislaid until now and if it had been presented in response to evidence he had given in the past few days. "You begin to ask yourself some questions," he said.
Mr Coughlan said Mr O'Brien was entitled to ask these questions and he would in turn put them to Mr Maloney. He said the question of whether the evidence was true or not was "very significant".
Mr Coughlan said Mr Maloney had last week reviewed the documents which accompanied his statement to the tribunal, and had thought certain items were missing. He carried out a search at home and found some additional material he believed might be relevant.
Another document presented for the first time yesterday was described as a further handwritten note Mr Maloney had made of a conversation with Mr O'Brien. It was undated, but Mr Coughlan said he had been informed it was also from October 1997. It said: "I am not working on expectation that I will be called. I don't have any particular info to give them."
Mr Coughlan said it could be a reference to the tribunal and asked Mr O'Brien if he could shed any light on it.
Mr O'Brien asked Mr Coughlan: "Where is my name on this now? This is fairyland stuff if this is a reference to me."
The judge later told Mr O'Brien it was "less than satisfactory that you are being hit with extra material at a late stage".
