Mr Denis O'Brien's wife, Catherine, spent the last days of her difficult pregnancy alone in a London hotel, the Moriarty tribunal heard yesterday.
Her husband's legal team said a request by Mr Justice Moriarty for a report from her consultant gynaecologist to justify Mr O'Brien's absence from the tribunal on Friday "served merely to provide salacious details for the titillation of the public".
Ms O'Brien gave birth to her second child, a girl, on Saturday and remains in hospital recovering from the effects of surgery, Mr Garrett Cooney SC, for Ms O'Brien, told the tribunal.
"As a matter of common humanity her desire to have her husband present . . . is something that is understandable by anyone with a sense of common humanity." Ms O'Brien had no desire to engage in confrontation with Mr Justice Moriarty or anybody else, Mr Cooney said.
"Ms O'Brien is a very private lady and has taken pains always to prevent excessive publicity attending upon her and her family."
Mr Cooney said Ms O'Brien's happiness had been marred by what she regarded as "the sceptical tone of the remarks which were made by you" on Friday, following the announcement that Mr O'Brien had gone to London to be with his wife.
A letter from Mr O'Brien's solicitor, Mr Owen O'Connell, managing partner with William Fry solicitors, was read to the tribunal yesterday. He said Ms O'Brien had been "extremely distressed" by recent events at the tribunal. She had been "shocked and outraged" to learn that Mr Justice Moriarty had demanded a report from her gynaecologist.
Her private affairs had been exposed to public discussion, Mr O'Connell said. "Ms O'Brien was alone in London, staying in a hotel, in the final days of her pregnancy." She had "waived the right to her privacy and medical confidence" by providing the requested report. "She is not before the tribunal, but has suffered damage because of its actions."
Another letter from Mr O'Brien's solicitor, Mr O'Connell, which did not arrive at the tribunal until late on Monday evening, outlined his reasons for returning to London to be with his wife.
Mr O'Connell said the baby's position had changed and the child's lack of movement was causing concern. Given Ms O'Brien's "delicate state", the tribunal should have been "more sensitive". A caution should also have been given to members of the press reporting the details of the situation.
Mr O'Connell said he did not accept that the tribunal had the right to request intimate details from a person not before the inquiry. Ms O'Brien's "fear and pain" had been compounded by recent events at the tribunal. She was apart from her family and wanted her husband to be with her.
However, a letter from Mr John Davis, solicitor for the tribunal, to Mr O'Brien's solicitor, said Mr O'Brien's counsel - and not the tribunal - had disclosed Ms O'Brien's medical condition.
Mr Davis said the provision of medical reports to excuse or explain non-attendance had arisen before, but these documents were usually provided in anticipation of absence.
The suggestion that the request of the tribunal for a medical report represented a bias against Mr O'Brien amounted to a misunderstanding of the tribunal's duties. It was accountable to Dail Eireann and was engaged in public business, Mr Davis said. "It would have exposed itself to charges of bias in favour of your client if it had not requested a medical report."
