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Denis O'Brien leaves the Moriaty Tribunal at Dublin Castle after questioning in 2003. Haydn West/PA Archive

O'Brien dismisses Moriarty findings as "fundamentally flawed"

The chief of the Esat telephone consortium says the findings of the Tribunal are based on the opinions of its legal team.

The following is the full text of a statement released on behalf of Denis O’Brien, in response to the findings of the Moriarty Tribunal being published this morning.

My initial reaction to the final report from the Moriarty Tribunal is that is that it is fundamentally flawed for the simple reason that it is based on the opinions and theories of Mr Justice Michael Moriarty and his legal team.

It is extremely disturbing that the Chairman of this Tribunal would choose to ignore the sworn evidence of the Department of Communication, Department of Finance, 17 civil servants, five Government Ministers, two barristers from the Office of the Attorney General, one former Taoiseach, one Senior Counsel to the Irish State and Professor Michael Andersen, Principal of AMI – the internationally-renowned world experts in this field.

It is also of great concern to the reputation of this country that the Civil Service which is unique for the respect it has earned over many decades has been impugned and discredited by the findings which are without foundation.

I wish to state in the most categoric terms once again that I never made any payment to Michael Lowry in his capacity as a government minister, as a public representative or as a private citizen.

It is worth noting that the Chairman of the Tribunal, a High Court Judge of many years, admitted last year to making “two not insignificant errors”, both of which had been used to substantiate false theories. I believe it is unprecedented in the history of this country that a High Court judge would make such fundamental errors which went to the heart of the credibility and integrity of a Tribunal process.

The reason these errors were admitted was only because they had been uncovered by the diligent work of members of the legal profession.

Furthermore, it is noteworthy that the Chairman makes no reference to the concealment of crucial correspondence by the Tribunal from the office of the Attorney General over an 8-year period.

It has been evident from the outset to me and to many other witnesses before this Tribunal that the final report would be designed to damage the reputations of many reputable people.

I believe it is now incumbent on the judiciary to investigate the conduct of Mr Justice Michael Moriarty and the Tribunal legal team for the manner in which they conducted themselves.

It is my intention to study the report in detail today and I will deal with specific issues comprehensively later today.

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14 Comments
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    Mute Paul Quinn
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    Jun 12th 2020, 12:48 AM

    Maybe its because men die younger so there are proportionally fewer older men available to die from the virus.

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    Mute Peter Hughes
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    Jun 12th 2020, 9:32 AM

    @Paul Quinn: Women live longer and because this thing effects older people in the vast majority of cases it makes perfect sense. Can we now also have a Oireachtas Committee to hold a special session to examine why men die younger than women?, no did not think so.

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    Mute Marie McG
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    Jun 12th 2020, 10:54 AM

    @Peter Hughes: Some men die younger than women because they tend to not look after themselves as well as some women. Not going to the doctor’s as frequently, more men are alcoholics, etc.

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    Mute SB ina n-aonar
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    Jun 12th 2020, 11:44 AM

    @Paul Quinn: but that applies internationally too – it doesn’t explain the disparity between the Irish experience and other countries

    9
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    Mute Diarmuid O'Dubhlaoich
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    Jun 12th 2020, 12:39 AM

    Maybe because women are more likely to get tested for things, whereas us men don’t do doctors and tests?

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    Mute Louis Jacob
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    Jun 12th 2020, 12:40 AM

    @Diarmuid O’Dubhlaoich: I think that sounds likely.

    50
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    Mute Fandandi
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    Jun 12th 2020, 1:44 AM

    @Diarmuid O’Dubhlaoich: But the death rate for women is higher. That would only make sense if it was just the confirmed cases. Makes sense to me that it’s more women in nursing home and more women carers etc.

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    Mute TL55
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    Jun 12th 2020, 7:50 AM

    @Fandandi: The states women’s death rate 6% men’s 8%

    16
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    Mute Dino
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    Jun 12th 2020, 1:18 AM

    So 50/50 death rates (as good as) meaning almost total equality except the fact a higher percentage of men who contracted it died is turned into a “but women need more support” diatribe? What about men and their mental health? What about their physical health? What about support to get men to see doctors earlier? Do men have the same access to GPS? Do more women have medical cards etc? The fatality rate for men being 33% higher than women is just accepted and the article talks about women doing homeschooling with the kids?

    154
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    Mute Niall Byrne
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    Jun 12th 2020, 2:21 AM

    @Dino: You’re an awful clown. The best thing you could do is shut up and read a few books.

    56
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    Mute The next small thing
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    Jun 12th 2020, 7:51 AM

    @Niall Byrne: Great counter arguement Niall.

    60
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    Mute Peter Denham
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    Jun 12th 2020, 12:40 AM

    Covid is sexist. Maybe the SJW’s will cancel it.

    210
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    Mute Louis Jacob
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    Jun 12th 2020, 12:41 AM

    @Peter Denham: pathetic

    29
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    Mute Peter Denham
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    Jun 12th 2020, 12:47 AM

    @Louis Jacob: They are indeed.

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    Mute Louis Jacob
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    Jun 12th 2020, 12:49 AM

    @Peter Denham: Tut.

    4
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    Mute Peter Denham
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    Jun 12th 2020, 12:51 AM

    @Louis Jacob: you’re some bag of misery, Louis.

    72
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    Mute Louis Jacob
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    Jun 12th 2020, 12:53 AM

    @Peter Denham: No I’m not actually. I just found out today I’m back at work next week. I actually cried with happiness today. I was just winding you up. I’m sorry.

    10
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    Mute Louis Jacob
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    Jun 12th 2020, 12:54 AM

    @Peter Denham: precious.

    8
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    Mute Peter Denham
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    Jun 12th 2020, 12:58 AM

    @Louis Jacob: OK Smeagol.

    33
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    Mute Louis Jacob
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    Jun 12th 2020, 12:59 AM

    @Peter Denham: oh dear. Whose miserable now?

    8
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    Mute Peter Denham
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    Jun 12th 2020, 1:04 AM

    @Louis Jacob: Yours.

    19
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    Mute Louis Jacob
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    Jun 12th 2020, 1:06 AM

    @Peter Denham: Are you a Suffolk Denham or a Yorkshire Denham? Give me a clue Snoopy.

    4
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    Mute Cormac Laffan
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    Jun 12th 2020, 1:13 AM

    @Louis Jacob: Well this has gone downhill fast.

    22
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    Mute Louis Jacob
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    Jun 12th 2020, 1:17 AM

    @Cormac Laffan: Yeah. Kind of creepy. Peter finds you and snoops around in your Facebook page. I’ll probably stop using The Journal I think.

    8
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    Mute Peter Denham
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    Jun 12th 2020, 1:23 AM

    @Louis Jacob: wha? I didn’t go near your FB page. Why do you say that?

    26
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    Mute Louis Jacob
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    Jun 12th 2020, 1:24 AM

    @Peter Denham: creep on.

    2
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    Mute Peter Denham
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    Jun 12th 2020, 1:26 AM

    @Louis Jacob: Jaysus, no need to tell lies.

    32
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    Mute Peter Denham
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    Jun 12th 2020, 1:29 AM

    @Louis Jacob: Genuinely, you’ve lost me.

    29
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    Mute Peter Denham
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    Jun 12th 2020, 1:46 AM

    @Peter Denham: So it turns out Louis thought my comment “Smeagol” was a comment on his looks (he thought I was looking at his pictures), when actually it was a response to his random comment “precious.”

    57
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    Mute Fionn Darland
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    Jun 12th 2020, 12:55 AM

    Headline is a bit misleading in that it lumps deaths and COVID positive cases together. The death rate is the most important one and that shows a 50/50 split between men and women. The reason more women are COVID positive is that there are more of them in the caring professions looking after COVID patients.

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    Mute Louis Jacob
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    Jun 12th 2020, 12:58 AM

    @Fionn Darland: I think that’s it and as someone said above, women are probably more likely to have the cop on to get tested.

    15
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    Mute Sonic
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    Jun 12th 2020, 1:11 AM

    @Louis Jacob: It boils down to demographics. Higher proportion of nursing home residents are female. Higher percentage of caring profession are women. And now higher proportion of journalists working for the journal are women. Story.

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    Mute Philip Mckenna
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    Jun 12th 2020, 1:41 AM

    The places of work that stayed open is huge in this, most of the people that serve you in tescos dunnes at the tills will be massively proportionally women, similarly most nurses who were on the frontline are women, those factors must be a huge part to it surely?

    56
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    Mute SkepticalHippoEyes
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    Jun 12th 2020, 2:37 AM

    White middle class women take a short interlude from instagramming black lives matter memes to tell us that a virus is sexist. Bravo ladies.

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    Mute DJ François
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    Jun 12th 2020, 8:41 AM

    @SkepticalHippoEyes: oh dear

    16
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    Mute european liberal
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    Jun 12th 2020, 1:33 AM

    Well first the death rate is about 50/50 so there is that I am also guessing it is because A lar
    ge amount of people working in hospitals and other caring roles are female also if women live longer than men there would be more in old folks homes so that

    32
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    Mute DK
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    Jun 12th 2020, 8:32 AM

    It’s easy to know why and it’s laid out there in the article. 57% of cases are women, driven by the fact over 30% of cases are healthcare staff, which is predominantly female. Deaths are currently 50.5% female, driven by the fact residential nursing homes have a higher proportion of females than males. Why that is is another question but if I had to guess its because in a lot of cases males will have dies by the time they need nursing home care. Why this trend is higher than rest of world? Maybe to do how some countries are not reporting all nursing home deaths.

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    Mute Ulick Stafford
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    Jun 12th 2020, 7:58 AM

    51% are women and account for 50.5% of deaths? So that means women are disproportionately affected? Am I missing something?

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    Mute Will
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    Jun 12th 2020, 8:39 AM

    50.5% of deaths being female here is the slimiest of slim majorities. Silly, sensationalist title but that’s the ‘news’ these days.
    The real question is how come the majority of deaths world wide are male?
    The Brookings Institute has said that taking age into account, COVID-19 is far more deadly for men.
    I would imagine that part of the problem is men’s own fault. We just don’t look after ourselves the way women do but there’s more to it then just that.

    18
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    Mute Virus-free Turkey
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    Jun 12th 2020, 7:31 AM

    Reading thro the Comments here I think all the answers as to “why more women” are in there.
    Therefore may I suggest that rather than pay some group of “experts” shedloads of money to do a “review” (standard practice in this country), as Stephen Donnelly suggests, the government should extract the answers from here and pay the Commentors!!

    14
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    Mute DK
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    Jun 12th 2020, 9:28 AM

    @Virus-free Turkey: I know you’re trying to be funny but the point being made here in the comments is there is no need for an investigation, it doesn’t even need an explanation and would be a waste of time and money. As for Donnelly, you’d think he’d make sure he had his tweet right before sending (or whoever sent on his behalf), especially around something as sensitive a subject as deaths from coronavirus. He stated 57% of deaths were female when it’s actually 57% of cases are female.

    11
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    Mute Louis Jacob
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    Jun 12th 2020, 12:38 AM

    Strange anomaly. It’s hardly relevant but Irish women are the best anyway.

    23
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    Mute frank mcglynn
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    Jun 12th 2020, 3:57 PM

    @Louis Jacob: “Irish women are the best…..” . Is that not racist, implying that women from other countries are worse?

    4
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    Mute Gavin Tobin
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    Jun 12th 2020, 12:16 AM

    #MCAS potentially more prevalent in females in IRL?

    Just guessing…

    10
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    Mute Aidan Leonard
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    Jun 12th 2020, 11:53 AM

    Look at the otherajor figure, nearly a third of cases were from. Health care workers. A female dominated profession. And we didn’t provide adequate ppe for our health staff. So I’d say this has alot to do with it……

    1
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    Mute Mark Vincent Healy
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    Jun 15th 2020, 11:13 AM

    There is a serious problem with presenting data on coronavirus which has shown internationally to disproportionately to take more male than female lives. Comparing like with like data for March internationally the article states “males accounted for 64% of deaths in China, 58% in France, 62% in Germany, 59% in Iran, 71% in Italy and 54% in South Korea” whereas for end of March in Ireland males accounted for 73% of all deaths. This trend continued into April where males accounted for 53% of all deaths in Ireland – https://bit.ly/2ULhYJJ. Clear data, declaring the number of deaths by gender each day became obscured in the public service website. The question is how did the internationally recognised vulnerability identified in males globally to this virus become inverted in public data figures in Ireland? The gender vulnerability to coronavirus data cannot be relied upon in Ireland where other facts were not provided in the recording of the data and death rates by gender and by circumstance. Deaths in residential homes emerged in April and May where it was not explained whether those populations included more females to males. Indeed, there are questions to answer how the gender data was gathered, reported and assigned. It would be a huge mistake to expend greater resource as proposed rather than how can we provide against the internationally known fingerprint of the impact of coronavirus on gender and how it affects males more than females in terms of death rates. Make no mistake but a second wave is coming and applying real strategies to protecting the most vulnerable by age, gender and illness is critical. As a carer for a cancer patient throughout this period I know what distress protecting the most vulnerable means each and every day.

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