A solicitor for the Moriarty tribunal has said he "emphatically rejects" claims by businessman Denis O'Brien that a private investigation by the tribunal into the purchase of Doncaster Rovers Football Club Ltd and the "purported connection" of former minister Michael Lowry had not produced sufficient evidence to justify moving to public hearings into the matter.
It was clear that the tribunal would be in dereliction of its duty had it decided not to proceed, Mr Michael Heneghan said.
An affidavit from Mr Heneghan was read to the court yesterday in the continuing hearing of an application by Mr O'Brien aimed at overturning the tribunal's decision to move to public hearings.
Both Mr O'Brien and Mr Lowry deny Mr Lowry had any involvement in the company's purchase, which Mr O'Brien says is owned by an O'Brien family trust.
Mr O'Brien claims there is no evidence to back the decision of the tribunal to proceed to public hearings in circumstances where crucial witnesses will not be available and his good name and reputation would be damaged.
In his affidavit, Mr Heneghan said the tribunal has made no decision at this point in time as to Mr Lowry's possible involvement. However, it was equally clear that material suggesting Mr Lowry was involved had been brought to the tribunal's attention.
The Doncaster project had again come to the attention of the tribunal in January 2003 as a result of articles in The Irish Times which referred to a letter from solicitor Christopher Vaughan to Mr Lowry on September 25th, 1998 and in which Mr Vaughan wrote that he "had not appreciated your total involvement in the Doncaster Rovers transaction".
Mr Heneghan said the tribunal had sought information and documents from several parties, including Mr Lowry and Mr O'Brien, arising from the articles. Mr Vaughan had said he was in error in his letter of September 25th, 1998 and had subsequently discovered that his view that Mr Lowry was involved was "totally incorrect".
Mr Heneghan said it was a surprise to the tribunal that Mr Vaughan appeared to have been in continuing contact with Mr O'Brien or his agents and that some of the material generated in the course of those contacts had not been furnished to the tribunal.
The hearing continues today before Mr Justice Henry Abbott.
