A secret videotape that was sought unsuccessfully by the Moriarty tribunal as part of its inquiries into businessman Denis O'Brien and former minister for communications Michael Lowry has been seen by Irish Times. Colm Keena, Public Affairs Correspondent reports.
The videotape contains statements concerning property deals in Britain linked to Mr O'Brien and Mr Lowry, which have not been made before at the tribunal. The content of a number of statements on the tape cannot be disclosed for legal reasons. The statements are made by Northern Ireland property agent Kevin Phelan, who acted in all the deals being investigated by the tribunal and who has refused to give evidence to the tribunal. Mr Phelan did not return a call from Times
The tape records 3½ hours of discussions between Mr Phelan and Ken Richardson, the former owner of a football stadium in Doncaster, one of the properties being investigated by the tribunal. With Mr Richardson is an associate, Mark Weaver. Mr Phelan was not aware the discussions were being recorded, according to a source.
Mr Phelan, who locates and oversees property projects for clients, acted in three property deals investigated by the tribunal. Mr Lowry has said he invested in two, in Cheadle and Mansfield, which together cost £665,000.
The tribunal is investigating whether any of the funding came from Mr O'Brien. The third property is the Doncaster stadium, which cost £4.3 million. On the tape Mr Phelan also mentions a fourth property, in Altrincham, Cheshire, which has not been mentioned at tribunal hearings. In relation to his dealings with Mr Lowry, Mr Phelan says he was asked in the late 1990s to locate projects that would not come to fruition for a number of years. "He had a tax problem and he didn't want to earn the money now," he says.
Told about the content of the tape, Mr Lowry said he had no comment.
Mr O'Brien has told the tribunal that he exclusively owns the Doncaster property. He has sought to stop the tribunal holding public hearings into the matter. The High Court ruled against him and he is appealing to the Supreme Court. A spokesman for Mr O'Brien said yesterday he would not be commenting.
The tribunal is also investigating the 1995 mobilephone licence competition, won byMr O'Brien's Esat Digifone, when Mr Lowry was minister. The tribunal asked Mr Richardson and Mr Weaver for the tape they told the tribunal they had, but was not given it.
Mr Richardson has served a jail sentence in relation to the attempted burning down of the stadium.Mr Denis O'Brien snr has complained to the police in London that Mr Richardson and Mr Weaver have tried to blackmail his family.