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Criticism of mobile competition marking

Denis O'Brien - Landmark day in the Moriarty Tribunal
Denis O'Brien - Landmark day in the Moriarty Tribunal

An economic consultant has criticised the marking system used by civil servants in the competition for the second mobile phone licence.

But Dr Peter Bacon told the Moriarty Tribunal that he did not find any evidence that then Communications Minister Michael Lowry was involved in the process.

Peter Bacon was hired by the Moriarty Tribunal to give them technical advice on examining the mobile phone licence competition of 1995.

But Denis O'Brien whose ESAT-Digifone consortium won the competition has claimed that Dr Bacon was given selective information by the Tribunal.

Under questioning Dr Bacon denied the Tribunal led him towards finding fault with the competition.

He said the Tribunal had certain queries and he did find issues with the way Irish civil servants had set scoring criteria and how they had over-ruled criteria set by the Danish consultants hired to judge the different companies.

Dr Bacon said he did not find any evidence of an involvement by then Minister Michael Lowry but added that his examination had nothing to do with the Minister.

Afterwards Mr Lowry said he had been vindicated by another witness.

No evidence of corruption: O'Brien

Businessman Denis O'Brien said the tribunal had not produced any evidence of corruption and that he won the licence fair and square.

Earlier, lawyers for Mr O'Brien accused the Tribunal of a lack of transparency in its investigation into the award of the second mobile phone licence.

Eoin McGonigal SC for Mr O'Brien said it appeared that the Tribunal tried to keep Dr Bacon's involvement 'silent' and that Dr Bacon would not have been an inquiry witness had Mr O'Brien not gone to the High Court.

On his way in Mr O'Brien said: 'Well it's a very important day first of all because the Tribunal want to shut down Bacon. They don't want his evidence to be heard and they, at the last minute, then have allowed for him to come and give evidence.

'But they are saying that they want to curtail his evidence, in other words the questions that our legal counsel will be able to ask Dr Bacon about his work for the tribunal.

'So it's all a little bit sinister but I suppose we'll wait and see what happens this morning and this afternoon. But it's a pretty landmark day in the history of this tribunal, going on for 11 years.'

Before Dr Bacon was called, Mr Justice Michael Moriarty said he would only be questioned about information he gave to the Tribunal.