The High Court has dismissed the latest challenge brought by businessman Denis O'Brien to the Moriarty Tribunal.
Mr O'Brien brought judicial review proceedings against the tribunal's decision last year to prevent his lawyers from cross-examining telecommunications expert Michael Andersen about meetings Professor Andersen had with the tribunal's legal team.
He also challenged the Tribunal's decision to prevent his lawyers cross examining Professor Andersen about notes of those meetings and the tribunal's decision to curtail the amount of time available to cross-examine the Professor.
Mr Justice John Hedigan ruled that he was not given a compelling or even satisfactory answer as to what it was hoped to obtain by questioning Professor Andersen further about his allegation that there was bias on the part of lawyers for the tribunal.
He said this would have been an attempt by Mr O'Brien's lawyers to 'gild the lily' and was a speculative opportunity.
He said Mr Justice Moriarty had expressed concerns that to allow this area of evidence to be pursued would require him to hear evidence from the Tribunal's own lawyers and would place him in the position of being a judge in his own cause.
He said the judge made a decision that was eminently reasonable, grounded firmly on relevant evidence.
Mr Justice Hedigan said the presence of Professor Andersen to give evidence had been obtained only after extraordinary difficulty and limited time was available.
He said the decision to limit Mr O'Brien's lawyers to five hours, which was extended to six hours, was a balancing of rights that was eminently reasonable in the circumstances of this case and consistent with fair procedures.
