Mick McGinley’s Persona Digital Telephony wins mobile phone license challenge

The Supreme Court has cleared the way for 2 multimillion euro legal actions over the awarding of the State's second mobile phone license to Esat Digifone in 1995.

The challenges against the State, Esat Digifone and its former chairman Denis O Brien, are being brought by the 2 unsuccessful bidders  - Comcast International Holdings Incorporated and Persona Digital Telephony Ltd.

Persona Digital is backed by Donegal man Mick McGinley and his business partner Tony Boyle

In 2001 the 2 consortiums that lost out to Esat Digifone 6 years earlier initiated legal actions challenging the second mobile phone license award.

Comcast and Persona Digital Telephony sought millions in damages alleging fraud, conspiracy, deceit  and corruption.

However the State secured High Court orders in 2007 stopping the challenges on grounds of inexcusable delay.

The decision was appealed to the Supreme Court with the 2 consortiums arguing that they were entitled to await the findings of the Moriarty Tribunal.

The 5 judge court has allowed their appeals.

Chief Justice Susan Denham said the court will give reasons for its decision at a later date.