Moriarty Tribunal

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Pat Kenny defeated by Martin waffle

March 30, 2011 in Fianna Fail, Government, Media coverage, Moriarty Tribunal by Anthony | 1 comment

Michael Martin, traitor and leader of the most corrupt political party in Ireland, a party that is principally responsible for the destruction of the country, a party that never, ever condemns its own corrupt members like, for example, the criminal Haughey.

So it should have been easy for even the most inexperienced greenhorn journalist to completely destroy the hypocritical arguments put forward by this low grade politician when he tries to occupy the high moral ground in respect of Michael Lowry and the Moriarty Tribunal Report.

On his radio show this morning Pat Kenny failed abjectly in this respect.

Martin easily waffled his way around the weak and mostly irrelevant challenges offered by Kenny, for example.

Kenny accused Martin of hypocrisy given that Fianna Fail, who are now condemning Lowry, were more than willing to do business with him while in government.

Martin responded by saying that those dealings took place before the publication of the Moriarty Tribunal Report:

Every person before any tribunal is accorded the right to have their case heard by the tribunal and one does not sit on judgement on that until the tribunal reports.

The delivery of this cynical and dishonest argument was the cue for any greenhorn journalist to close the trap by simply putting it to Martin that Lowry’s reputation had been utterly destroyed years ago after the publication of the McCracken Report.

Kenny, apparently completely unaware of Lowry’s shady past involving tax evasion, lying and planning irregularities, let Martin off the hook by accepting his ridiculous argument.

Copy to:
Pat Kenny

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Sarah Carey: Safe to lie in the special realm?

March 26, 2011 in Media coverage, Moriarty Tribunal by Anthony | 1 comment

In a mostly self-serving article Irish Times columnist Sarah Carey has admitted that she lied to the Moriarty Tribunal (more on the lie later).

In the article, Ms. Carey, who used to work for Denis O’Brien, says that corporate fundraising should be banned not because of any danger of corruption but because it would stop all the innuendo and accusation surrounding the practice.

It is disturbing that an opinion maker like Ms. Carey, writing for such a prestigious and influential newspaper like the Irish Times, is so naive as to suggest that corporate/political fundraising in Ireland is transparent and honest, that all the corrupt events of the last number of decades is based on nothing more than innuendo and (false?) accusations.

Clearly, Ms. Carey is ignorant of or chooses to ignore the avalanche of corruption that has blighted the people of Ireland over the last number of decades primarily due to the very cosy and to a large degree, corrupt relationship between business and politics.

Indeed, she appears to be blissfully unaware of the fact that it is this diseased relationship that is principally responsible for the destruction of our country and the impoverishment of generations of Irish citizens to come.

Ms. Carey’s admission that she lied to the Tribunal is interesting because, to my knowledge, she gave evidence under oath. If that is the case then surely she has committed perjury?

Or perhaps not because in Ireland perjury is not so much a general crime as a crime that seems to be strictly confined to ‘ordinary’ citizens.

Take the case of poor old Thomas Morey for example.

Morey was given a one year jail term for perjury for refusing to give evidence in a murder trial; he claimed he couldn’t remember the night in question (A common enough excuse, I’m sure you will agree).

But that wasn’t the end for poor old Morey. The Court of Criminal Appeal found that the sentence was too lenient and hauled Morey back to court with the intention of imposing a much stiffer sentence on this ‘ordinary’ citizen.

One of the judges said:

It was important for a functioning society that people required to give evidence in criminal proceedings should do so.

Granted, this is a criminal case involving murder but there are other less serious cases where ‘ordinary’ citizens have been severely punished for lying under oath.

To my knowledge, despite years and years of tribunals and other sworn investigations in which lying under oath was the order of the day, not a single person from the political, business or media world has been charged with perjury.

So even if Ms. Carey lied under oath and I stress, if, she has nothing to worry about because her lies were uttered within a special realm where politicians, businessmen, legal personnel, media people and even policemen can lie under oath with impunity.

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O’Brien repeats serious allegation against judiciary

March 26, 2011 in Judicial, Moriarty Tribunal by Anthony | 3 comments

On Thursday last I wrote about Denis O’Brien’s extremely serious allegation that the judiciary had put a ring of steel around Justice Moriarty because they knew he was never up to the job.

During an interview with Pat Kenny (Friday) O’Brien initially seemed to withdraw the allegation when Kenny suggested it would be an appalling vista if the entire judiciary were to collude against one man.

O’Brien said:

You’ve got to separate the wider judiciary from Justice Moriarty. I believe I was stitched by Justice Moriarty but I’m not in any way critical of the wider judicial community.

It’s a measure of O’Brien’s lack of mental coordination that, minutes later, he repeated the allegation when Kenny again suggested he take his case to the courts.

O’Brien:

Look, do you know a lot about the legal profession, the judiciary and the Law Society. There’s a code amongst them all that they don’t take each other on, they don’t criticise each other.

And:

There’s a ring of steel around Moriarty because they knew, the judiciary knew, that he was never up to the job, he’s a Circuit Court judge.

As I wrote on Thursday, in a real democracy with proper law enforcement O’Brien would by now find himself before a judge explaining his accusations.

Minister for Justice Alan Shatter has responded to the hysterical rants of O’Brien and Lowry regarding Justice Moriarty and the judiciary in general saying:

Statements which endanger public confidence in our judiciary and in our courts are entirely unacceptable and are to be deplored.

Legal expert Professor Gerry Whyte of Trinity Law School said that if criticism of the judiciary went so far as to undermine public confidence in the administration of justice then we’re talking about an offence called scandalising the court.

If Minister Shatter genuinely thinks the comments are unacceptable then he should immediately initiate proceedings against O’Brien and Lowry.

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Denis O’Brien blackmailed?

March 25, 2011 in Moriarty Tribunal, The State by Anthony | No comments

On The Late Debate last Tuesday Irish Times journalist Colm Keena related an incredible story of how Denis O’Brien was blackmailed over alleged false documentation to the Moriarty Tribunal.

There was a fellow up in the North called Kevin Phelan, he didn’t give evidence to the tribunal but according to the judge he knew that some of the documentation that had been given to the tribunal was false and had been doctored.

He used that information to put pressure on Denis O’Brien and was paid 150,000 Sterling by Denis O’Brien in what the judge said was an effort to get him to desist from his threats to undermine the stories that had been told to the tribunal.

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Denis O’Brien accuses the judiciary

March 24, 2011 in Moriarty Tribunal, The State by Anthony | No comments

The following extremely serious accusation was made against the Irish judiciary by businessman Denis O’Brien on live television (Six One News, 34.10).

This judge (Michael Moriarty) is flawed…you have to challenge and I don’t care who it is, a judge when he’s flawed.

I lost my challenges against this judge because the judiciary have put a ring of steel around him because they know he was never up to the job of actually writing this report and subsequently said’ God, we better protect this man’.

In a real democracy with proper law enforcement O’Brien would by now find himself before a judge explaining his accusations.

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Moriarty Report: First reactions

March 23, 2011 in Body Politic, Corporate, Government, Moriarty Tribunal by Anthony | 5 comments

The first and most important thing to be said about the Moriarty Report is that nobody will be made accountable. This, of course, is no accident.

While tribunals have power to produce facts they are specifically prevented from bringing the guilty to account. Any subsequent police investigation is barred from using evidence uncovered by the tribunal. In other words, they must begin the entire investigation again without any assistance whatsoever from the tribunal report.

Of course, there will be no Gardai investigation; Irish police do not concern themselves with the activities of politicians or white collar individuals, it’s a well established tradition.

Now that the report has been published we will move into the next phase – discussion.

Just as tribunals are designed to sideline proper investigation into serious corruption and the ban on police using tribunal evidence has the effect of protecting the guilty, national discussion, conducted through a largely captured media, is designed to allow everybody to indulge in the great Irish tradition of pretending that Ireland is a functional, democratic state.

Miriam O’Callaghan set the ball rolling tonight on Prime Time by asking a question she has asked on countless occasions in the past concerning an endless line of previous scandals – Do you think there will be criminal charges?

Pat Rabbitte, just like dozens of politicians before him intoned in a sombre voice, well I hope so.

Gay (Mad) Mitchell suggested that Mary Robinson should investigate the tribunal report, picking out those parts which, in her opinion, could be forwarded to the DPP.

So, an investigation into an investigation to be forwarded to another state agency for yet another investigation, sounds familiar.

The absolutely critical factor in all this farce is – never, ever allow reality to impinge on the delusions of the nation.

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Gavin continuing to make an impact

January 28, 2010 in Government, Moriarty Tribunal by Anthony | 2 comments

Gavin, my nephew, continues to do Trojan work on his Freedom of Information campaign and is beginning to get noticed by the wider media.

Here’s a report from the Sunday Times on 24th January.

Blogger gets big discount on the price of freedom

Hats off to Gavin Sheridan, the blogger who has embarrassed the Moriarty tribunal into posting all the transcripts of 370 days of public sittings on the internet.

Sheridan first applied for the transcripts to the Department of An Taoiseach, under Freedom of Information.

It refused on the basis that they can be purchased from Doyle Court Reporters.

Doyles quoted a fee of €16,600 with a discount of 25% for anyone bulk buying.

“I did suggest that since the public had already paid nearly €1 million for the transcripts, it seemed a little odd that I, as a citizen, have to fork out another €16,600 to get copies.”

Sheridan writes on thestorey.ie.

Talk to the Moriarty tribunal, it suggested. So he did, and they said copyright rested with Doyles.

They later relented, offering Sheridan a disc with the transcripts, but such was the volume of requests that the tribunal is now posting everything online.

A small, but significant victory for freedom of information.

Some questions that come to mind.

What kind of contract does Doyle Court Reporters have with the state and how is it that the Moriarty Tribunal can, on the one hand, say that DCR have copyright and then, on the other hand, publish all the material?

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Facing up to corruption

July 31, 2009 in Moriarty Tribunal, The State by Anthony | No comments

Letter today’s Irish Times.

Madam,

Is Elaine Byrne suggesting that it might be better if the Moriarty tribunal didn’t make any adverse findings against the State (Opinion, July 28th)? She speaks of embarrassment, and perceptions on the international stage and suggests that the final findings will be practically irrelevant anyway.

She ends by asserting:

“The challenge is to distinguish between systemic and individual corruption; petty and grand corruption; moral and legal corruption; and rumours and reality of corruption.”

I disagree. The real challenge is that, for once, we face up to reality and do what all other accountable democracies do – prosecute and mete out appropriate punishment to those found guilty of corruption. – Yours, etc.

ANTHONY SHERIDAN,

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Denis O’Brien’s media empire and the Moriarty Tribunal Report

July 29, 2009 in Corporate, Media coverage, Moriarty Tribunal, Regulatory Agencies by Anthony | No comments

obrien460Vincent Browne has an interesting article in today’s Irish Times where he asks some searching questions about Denis O’Brien’s media empire and how The Broadcasting Commission of Ireland (BCI) could possibly conclude that:

The media holdings of Denis O’Brien do not constitute dominance in terms of his ability to influence opinion forming power in any of these franchise areas.

Browne makes the connection between O’Brien’s media empire and the soon to be published Moriarty Tribunal Report.

Last weekend two of the newspapers that he now controls, the Sunday Tribune and the Sunday Independent, published two self-serving interviews with him, intended to take the “sting” from the anticipated final findings of the Moriarty tribunal on the award to him of the mobile phone licence in 1996.

He goes on:

If his own version of the Moriarty tribunal findings prove correct, they would be a devastating indictment of himself, along with the then minister for communications Michael Lowry, and of civil servants involved in awarding the licence.

If his version is true, he will be accused of the most spectacular piece of corruption ever in this State, with the possible exception of the Irish Hospital Sweepstake scam.

And, it will seem, if what he says is true, that he has built his vast personal fortune on the basis of a criminal act.

A letter writer to the Irish Times also has his say about O’Brien’s media spinning.

Madam,

I was embarrassed last weekend to read the coverage of Denis O’Brien’s tribunal troubles in the Sunday Times . A front page article took leaked information about the Moriarty tribunal’s conclusions (not very positive it must be said) and managed to portray Mr O’Brien as some sort of hero, who was battling the tribunal to save the State money on legal fees.

Further on in the paper, there was a full-page spread on the excessive costs of the tribunal and yet further on, Mr O’Brien adorned the front page of the Business section about some triviality or other.

What could have been the spur to such embarrassing spin? Perhaps the Sunday Times is in awe of Mr O’Brien’s recent ascent to control of IN&M?

Yet another example of the need for The Irish Times to issue a Sunday version, thus sparing the public from the brainrot of the Sunday press.

Yours, etc,
TOMMY TIGHE,
Grove Park,
Dublin 6.

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Denis O’Brien – They’ve damned us all I tell ya, damned us all

July 29, 2009 in Government, Moriarty Tribunal by Anthony | 4 comments

Billionaire businessman, Denis O’Brien is in deep trouble and he knows it.

It seems that the Moriarty Tribunal has found that O’Brien’s Esat consortium was illegally issued with the state’s second mobile phone licence because he, O’Brien, had a corrupt relationship with former Fine Gael minister, Michael Lowry (Sunday Times).

Mr. O’Brien has adopted a two pronged strategy of defence. He has launched a strong attack on the Tribunal while at the same time appealing for public support by claiming that his campaign is in the public interest as well as his own.

His first action was to publish a series of advertisements in various newspapers attacking the alleged extravagant expenses indulged in by tribunal lawyers.

Last Sunday he ramped up his campaign by giving a series of interviews in the following newspapers. The Sunday Times, Sunday Independent (O’Brien holds a 26% stake in Independent News and Media), Sunday Tribune (O’Brien holds a major stake in this newspaper, by proxy, through INM’s stake in the Tribune) and the Sunday Business Post.

He accuses the Tribunal and others of the following:

He believes the tribunal is “out to get a scalp” in order to justify its costs, which are expected to reach 100m.

He claims there was no need to investigate the awarding of the licence because it had already been investigated four times by the European Union, by the senior counsel, investigated on behalf of the Department of Communications and investigated by the Attorney-General’s office.

He claims that this is a very dark period for justice, that it’s rough justice akin to the miscarriage’s of justice in the UK like the Guilford Four.

He asserts that articles written by journalists like Matt Cooper and Sam Smyth were off the wall, crazy theories fed to them by O’Brien’s competitors for the phone licence.

You may as well be reading the Beano as reading the Irish Times on matters relating to the Tribunal according to O’Brien. He further suggested that Irish Times journalist, Colm Keena, is incompetent and not up to the job of covering the tribunal.

On the night O’Brien received the preliminary findings he told a friend he was in shock.

They’ve damned us all, he said. They’ve damned the licence, they’ve destroyed the civil service, they’ve destroyed Lowry and they’ve destroyed me.

These people [the Moriarty lawyers] need to be made to look ridiculous.

O’Brien also alleged that former Taoiseach, Bertie Ahern, made a political decision in 2002 to keep the Moriarty Tribunal going to embarrass Fine Gael.

According to O’Brien the Moriarty tribunal, which has cost him €12m in legal fees to date:

Is out of control and the procedures it is allowed to use are more akin to those found in a military dictatorship. It’s unheard of. I mean it’s Burma.

O’Brien also sees himself as a champion of the people and a patriot to his fingertips.

He’s fighting for the good name of civil servants who may be accused of corruption.

People who are halfway through their career would be impugned; I am taking a stand for the civil servants.

He’s fighting to save taxpayer’s money.

People say [I] did two judicial reviews, but they were mainly to stop the tribunal from running up costs.

He’s fighting for Ireland’s reputation.

Ireland’s reputation would be severely damaged if the Moriarty Tribunal’s final report concluded there was wrongdoing by civil servants in the granting of the state’s second mobile phone licence. If the final report concluded that the process of awarding the licence was corrupt, it would be devastating.

To borrow from Shakespeare – The billionaire doth protest too much, methinks.

O’Brien’s strategy of trying to save his own skin by crying crocodile tears for Mother Ireland is as old as the hills but it is very surprising to see Elaine Byrne of the Irish Times apparently adopt the same attitude.

Byrne seems to suggest that it might be better if the Moriarty Tribunal didn’t make any adverse findings against the State. She writes of embarrassment, perceptions on the international stage and suggests that the final findings will be practically irrelevant anyway.

She ends her article by asserting:

The challenge is to distinguish between systemic and individual corruption; petty and grand corruption; moral and legal corruption; and rumours and reality of corruption.

This is classic Irish denial of reality. Let’s get lost in a deep, long drawn out and totally irrelevant discussion on the different forms of corruption. That way we won’t have to face the brutal reality of any adverse findings from the Tribunal.

The real challenge is, for the first time in our pathetic history, to actually act on any adverse findings. To immediately prosecute and punish all those found guilty of corruption.

I won’t be holding my breath.

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