Who are Persona?
Persona Digital Telephony Limited was incorporated in Ireland on 21 July 1994. It was formed as a corporate vehicle to bid for (and ultimately operate) the second Irish mobile licence. At the time of the submission of Persona’s bid in August 1995, Persona was held as follows:
- 26.66% held by Sigma Wireless Networks Limited
- 26.66% held by Unisource N.V
- 26.66% held by Motorola International Network Ventures Inc
- 20% by ESBI Telecoms Limited
Immediately after the result of the second mobile phone licence competition was announced on 25 October 1995, Persona went on the offensive with a combination of a huge politicial, PR / Media and legal campaign in an effort to overturn the competiton result and / or prevent the awarding of the second mobile phone licence to Esat Digifone Limited. The matter was raised on numerous occassions in Dail Eireann with the Progressive Democrat TD, Bobby Molloy, being particular vocal in opposition to the licence result. The US Embassy also became involved and representataions were made to the then Minister Michael Lowry by the US Ambassador, Mrs. Jean Kennedy Smith. Letters were also sent to An Taoiseach, John Bruton by the Chairman of Motorola, Mr. John Mitchell. A short selection of contemporaneous documentation can be accessed via the link below which give a flavour of the intensive efforts being pursued by Persona at this time. These efforts have continued to this day.
Today Persona Digital Telephone Limited exists for the sole purpose of pursuing their damages action against the Irish State. The company has never traded. The legal action against the Irish State was commenced by Plenary Summons in May 2001. Persona is now 100% owned by Sigma Wireless Networks Limited, which is in turn an entity ultimately wholly owned by Mr. Tony Boyle and Mr. Michael McGinley. In essence therefore, Persona is now the corporate vehicle used by Mr. Boyle and Mr. McGinley to pursue their damages action against the Irish State. It would appear that none of the non-Sigma Wireless shareholders in Persona Digital Telephony Limited are presently supporting the legal action taken against the Irish State.
Persona had been struck off the Register of Companies by the Companies Registration Office, but an application to restore the company was filed in April 2000; after the Moriarty Tribunal was established. Persona was restored for the sole purpose of pursuing a legal action against the State. Persona’s legal action was struck out in 2008 by the High Court for failure to prosecute (i.e. failing to pursue the action in earnest). However, Persona have since appealed that striking out of their claim to the Irish Supreme Court. In essence, Persona has, since 2001, persisted in its efforts to pursue its claim for damages against the Irish State through the Courts whilst the Tribunal’s inquiries into the licence process are on-going in parallel.
Mr. Boyle and Mr. McGinley have both given evidence in public to the Moriarty Tribunal in support of allegations being made against Mr. Michael Lowry T.D. and specifically his conduct in respect of the process leading to the awarding of the second mobile phone licence competition to Esat Digifone. This evidence was given in support of the Tribunal’s allegations of apparent deviations from “confidentiality protocols” established as part of the licence competition process. The primary thrust of the evidence given by Mr. Boyle was that he was able to meet with Michael Lowry in his capacity as Minister during the period between the submission of the bids but prior to the announcement of the result- referred to by the Tribunal as the “closed period”. Whilst Mr. Boyle admitted that Mr. Lowry did not impart or receive any confidential information during that meeting (which was arranged at the behest of Mr. Boyle himself) the Tribunal has sought to characterise the simple fact that such a meeting took place as constituting evidence of a breach of the “confidentiality protocols” on the part of Michael Lowry.
