TD Michael Lowry issues statement over Garda file on findings of Moriarty Tribunal being sent to DPP

Independent TD Michael Lowry has said he does not believe he will face any prosecution over a long-running Garda probe into the findings of the Moriarty Tribunal.

“I am fully confident that there is no basis for any liability attaching to me,” the Tipperary deputy insisted in a statement on Thursday evening.

He was speaking after Gardaí confirmed that the force had in recent weeks sent a file to the Director of Public Prosecutions on its investigation into the findings of the tribunal – which examined payments to politicians in the 1990s.

The tribunal found that Mr Lowry – a former Fine Gael minister for communications - secured the winning of the state's second mobile phone, or GSM, licence to Esat Digifone, a company led by businessman Denis O’Brien. The tribunal also found Mr O’Brien gave Mr Lowry money – and that the payments were demonstrably referable to the winning of the licence. Mr Lowry and Mr O’Brien have repeatedly disputed the findings of the tribunal.

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Gardaí began investigating the findings of the tribunal when they were published in March 2011 – almost 14 years ago. The Garda probe, led by the Criminal Assets Bureau, was completed last year and sent to the DPP before Christmas – as first revealed by the Irish Times on Thursday. The DPP will now decide if anyone should be charged over the investigation – deliberations that are likely to take several months.

But Mr Lowry, who is leading negotiations with Fianna Fáil and Fine Gael on behalf of nine independent TDs on the formation of the next government, this evening issued a statement in which he spoke of his surprise at the move. And he revealed he voluntarily met with Gardaí as part of their investigation.

Mr Lowry said: “I learnt, with surprise, from newspaper reports this morning that it has been stated that a file has been sent by An Garda Síochána to the DPP arising from findings of the Moriarty Tribunal.

“Last year, I received a request for assistance from An Garda Síochána. I freely, voluntarily and willingly met with them on one occasion and was fully cooperative. This was the only engagement or correspondence I had with the Gardaí over the fourteen years since the report was published.

“At no point, on that occasion or since, was it suggested that there were or are any charges being contemplated against me. I am fully confident that there is no basis for any liability attaching to me.”

The deputy added that he and others had consistently insisted there was no wrongdoing in the awarding of the contract. He said: “All those involved, including myself, have steadfastly maintained that there was no wrongdoing or impropriety attached to the award of the GSM licence, some 29 years ago.

“The award of the licence was made after a fully fair process, which included experienced members of the civil service and independent professional experts. Furthermore, the State, through the Chief State Solicitor’s office, have consistently and vigorously defended the award of the licence in long drawn out speculative civil cases taken by (just) two of the unsuccessful applicants.”

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