The Supreme Court granted businessman Denis O’Brien leave to challenge the Moriarty Tribunal’s decision to hold public hearings into the purchase of Doncaster Rovers Football Club and an alleged connection with Michael Lowry.
Mr Justice Fennelly held on May 12, 2005 that Mr O’Brien had established two arguable grounds for judicial review. The ruling did not decide those arguments finally. Instead, it allowed them to proceed to a full High Court hearing.
The dispute arose from the 1998 purchase of Doncaster Rovers by Westferry Limited, part of an O’Brien family trust. A central document was a draft September 1998 letter by English solicitor Christopher Vaughan referring to Mr Lowry’s “total involvement” in the transaction. Mr Vaughan later told the Tribunal that this belief had been incorrect and that Mr Lowry had not been involved.
The Tribunal began investigating the Doncaster Rovers matter in January 2003 and decided on May 27, 2004 to proceed to public hearings. Mr O’Brien maintained that there was insufficient evidence to justify that step and also argued that the Tribunal’s 1997 terms of reference did not extend to alleged payments or benefits arising from later transactions.
The Supreme Court found both points arguable. On the evidence issue, Mr Justice Fennelly stressed that the threshold for granting leave was light and that a later court could reach a different conclusion after a full hearing.
He rejected several other proposed grounds, including complaints about the meaning of “payment”, an interview with Mr Vaughan and the overall duration of the Tribunal.
The court also rejected an argument that Mr O’Brien had waited too long to apply. His challenge was brought less than four months after the decision to hold public hearings, during which time his solicitors had been corresponding with the Tribunal seeking reconsideration.
An interlocutory injunction was also granted, preventing the Tribunal from holding the Doncaster Rovers public hearings until the judicial review was determined.