A huge lobbying campaign was initiated against the decision after it was announced that Esat Digifone had won the State's second mobile phone licence competition, a former assistant secretary at the Department of Transport, Energy and Communications told the tribunal.
Mr Sean Fitzgerald said a lot of people found the result hard to believe, as the "underdog" had won the competition. He told Mr Eoin McGonigal SC, for Mr Denis O'Brien, that he believed it was necessary to get quick political approval for the result of the competition once it had been arrived at and for the decision to be announced publicly.
He said that once knowledge of the result had gone into the political domain it was necessary to act quickly. This would have been the case no matter which consortium had won but the need for haste was probably all the greater because the winner was Esat Digifone.
"The perception would have been that the underdog won," he said. Because of the confidentiality agreement which existed, the Department was confined in its ability to explain how the bid had come to win.
He said there were "lobbying visits" by the US ambassador or trade counsellor. Asked if this was unprecedented, he said he believed it was usual when a bid had been lost. He said he believed the haste with which the decision was announced was the only option open to the Department.
During a discussion of a note by the late Mr Jim Mitchell which seemingly raised the possibility that Mr O'Brien was associated with Fianna Fáil, Mr McGonigal asked about the making of appointments by new administrations.
He asked if it was the case that governments looked for party members who might fill available posts.
Mr Fitzgerald said it sometimes happened that people were appointed to positions because of their ability and despite coming from "the other side".
