O'Brien cites baby's birth for second failure to appear at tribunal

The former Esat chairman Mr Denis O'Brien today failed to appear before the Moriarty tribunal to give evidence.

Mr O'Brien cited his wife's recent delivery of their second child as the reason for his continued absence. He said through his lawyers he would not be available for evidence again until next Monday.

Denis O'Brien "cannot be expected to devote his entire existence to the tribunal" Mr Denis O'Brien's lawyers

In correspondence between tribunal lawyers and counsel for Mr O'Brien since his failure to appear at the tribunal last Friday Mr O'Brien's lawyers expressed their client's distress that the tribunal had required him to disclose matters of a private nature relating to his wife's medical condition.

Tribunal lawyers responded it was Mr O'Brien's own counsel which had first brought these matters to public attention.

The tribunal argued Mr O'Brien's failure to appear hampered the tribunal's proceedings said the tribunal could not continue to facilitate Mr O'Brien's diary.

Mr O'Brien's lawyers responded he "cannot be expected to devote his entire existence to the tribunal."

As Mr O'Brien is now outside the State (with his wife in London) he cannot be compelled to attend on foot of a witness summons.

Mrs O'Brien's lawyer was also present at the tribunal today. He said the happiness of his client on the birth of her second child had been marred by remarks made at the tribunal last Friday and by the "sceptical tone" which greeted the explanation of Mrs O'Brien's pregnancy for Mr O'Brien's absence.

But Mr Justice Moriarty replied he did not propose to make any apology for what had taken place in the tribunal.While he was "gratified and pleased" mother and child were well he was "not amused" by allegations of bias against Mr O'Brien at the tribunal.

"I do not want this tribunal to degenerate into any form of guerrilla warfare," he said.

While Mr Justice Moriarty believed it could have been possible for evidence from Mr O'Brien to have resumed in the latter stages of this week he agreed it would now resume next Monday at 11 a.m.

Mr Justice Moriarty reserved the entitlement to announce any other limited evidence in the latter half of this week.