O'Brien to take tribunal case to Europe

Businessman Denis O'Brien  is to take a case to the European Court of Human Rights over the Moriarty tribunal's investigation…

Businessman Denis O'Brien  is to take a case to the European Court of Human Rights over the Moriarty tribunal's investigation into his financial affairs.

O'Brien claimed the tribunal was displaying 'objective bias' against him
O'Brien claimed the tribunal was displaying 'objective bias' against him

In a two-hour statement to the tribunal today, Mr O'Brien claimed he was the victim of a "one-sided vendetta" designed to deliver his "head on a plate".

Mr O'Brien argued that the tribunal's legal team were displaying an obvious case of "objective bias" against him and had "deliberately suppressed information" at various stages of their inquiries over the past six years in order to discredit him.

"It is obvious to those observing this tribunal legal team in action that they are only interested in leading in public information that could possibly support negative findings - everything else is either ignored or deliberately concealed," Mr O'Brien said, according a script supplied by his office.

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Mr O'Brien laid out his explanation of a range of affairs being investigated, including his role in Doncaster Rovers Football Club.

He said it has been proven that former Fine Gael minister Michael Lowry had no involvement in the Doncaster Rovers transaction but that the tribunal was suppressing this finding.

"It appears to me that where possible the worst construction or 'spin' is being put on the circumstances that exist. Once again, it's a case of guilty until proven innocent," Mr O'Brien said.

He claimed if the tribunal's legal team found even the slightest shred of evidence to suggest he made an improper payment to Mr Lowry, either in relation to Doncaster Rovers or the awarding of a mobile phone licence to Esat Digifone in 1996, "they will put this up front and centre and hammer it home incessantly for months on end".

On the other hand, if they discover any evidence to support the opposite, "they will lock it away and hope it never sees the light of day".

Mr O'Brien also said "not a single person" has given any direct evidence of any interference by Mr Lowry in the awarding of the mobile phone licence to his company Esat Digifone.

He said that, had he been facing court proceedings instead of a tribunal, "I would have been cleared of all allegations many years ago and let get on with my life with my reputation fully vindicated". The very opposite was the case, he said.

"I have had to live with serious allegations against my character for over six years, and it is really only now becoming clear that the tribunal legal team have been pursuing a completely one-sided vendetta to deliver my head on a plate."

Finally, Mr O'Brien claimed the tribunal legal team's "aggressive offensive" to find grounds to refuse certain parties legal expenses - which run into millions of euro in his own case - was due to a desire to mask their own fees.

"I refuse to sit by and take on the role of the fall guy for the tribunal legal team - and that is precisely what has been going on here."

The Moriarty tribunal was established in 1997 to investigate payments to former taoiseach Charles Haughey and Mr Lowry and whether they may have made any political decision when in office that might have benefited a person or company that made a payment.