Court rejects Denis O’Brien application

BILLIONAIRE Denis O’Brien will defend himself against claims of corruption ‘to the end’, a High Court judge said yesterday.

The businessman is being sued by Libertas founder Declan Ganley over alleged corruption in the awarding of the State’s second mobile phone licence. The case could cost the State billions if Mr Ganley wins.

Yesterday, Mr Justice Sean Ryan threw out an attempt by Mr O’Brien to make Mr Ganley stump up a sum of money as ‘security’ in case he loses the case.

Mr O’Brien has claimed Mr Ganley is suing ‘maliciously and out of spite’ after being beat- en in the selection process for the tender in the Nineties. Mr Ganley is suing the telecoms tycoon – along with former minister Michael Lowry and the State – over alleged corruption in the award of the tender in 1995.

The current action arises from the 2011 findings of the Moriarty Tribunal, that Mr Lowry had ‘conferred a benefit on Mr Denis O’Brien, a person who made payments to Mr Lowry’.

Mr Ganley is now claiming for ‘loss of opportunity’ and he will have to prove in court that were it not for the alleged corruption, he and companies linked to him ‘ would have won’. Mr Ganley’s lawyers have claimed a firm linked to him could have earned a $250,000 ‘success fee’ if he had won the highly lucrative tender.

The full hearing of the case has yet to start. Prior to the full trial, Mr O’Brien had insisted Mr Ganley should pay ‘security for costs’ – a sum of money held by the High Court until the conclusion – to ensure Mr O’Brien would be assured of recovering costs if Mr Ganley won.

Judge Ryan refused the request, saying there was ‘ public value in having this controversy resolved’.