Mr Tony Boyle, a representative of one of the losing consortia in the second mobile phone licence competition, has told the tribunal in a statement that Mr Dermot Desmond told him in 1995 that he, Mr Desmond, knew who Mr Denis O'Brien would use to "get to" Mr Michael Lowry. Mr Desmond has told the tribunal that the conversation never took place.
Mr John Coughlan SC, for the tribunal, gave details of the statements of the two men. He said that Mr Boyle, who was involved in the Persona bid for the licence, has told the tribunal that he attended the races at Aintree, in Liverpool, on April 8th, 1995.
He was in the company of his late father, Mr James Boyle, and Mr Michael McGinley and they were in the box of Mr J.P. McManus. They were introduced to Mr Desmond.
Mr Boyle has said that the subject of the GSM licence competition arose, and Mr Desmond said he had been asked by Mr O'Brien to be chairman of Mr O'Brien's consortium. Mr Desmond said he declined the offer as he had had "enough of telecoms", Mr Boyle said in his statement.
Mr Boyle said Mr Desmond had asked who would decide who got the licence, and he (Mr Boyle) had said that the Department of Transport, Energy and Communications, and Mr Lowry, would. Mr Desmond, Mr Boyle said, then said he knew "exactly who Mr O'Brien would use to get to Mr Lowry".
Mr Coughlan said that Mr Desmond, when told of Mr Boyle's statement, had said in his statement that he knew Mr Boyle and that he, Mr Desmond, had been a guest in the box of Mr McManus at Aintree on the date concerned.
He said he had "absolutely no recollection" of Mr Boyle being at Aintree on that date. If he was, Mr Desmond said, he was satisfied he did not speak with him.
Mr Desmond said the conversation alleged by Mr Boyle to have taken place did not occur. He was "absolutely satisfied that never at any time" did he tell Mr Boyle he had been asked by Mr O'Brien to act as chairman of his consortium.
Mr Desmond also said he never asked Mr Boyle what the licence competition involved or said that he knew who Mr O'Brien would use to get to Mr Lowry. Nor did he say that Mr O'Brien was in a position to influence Mr Lowry.
Mr Coughlan also said Mr Desmond had said he was surprised Mr Boyle would say such a conversation took place when he had never mentioned the matter.
