Michael Lowry has said he is fully confident there is no basis for a case against him despite a file being sent to the Director of Public Prosecutions (DPP) arising from a criminal investigation into the findings of the Moriarty tribunal.
In a statement on Thursday evening, the Independent TD for Tipperary North said he had learned “with surprise” that a file has been sent by An Garda Síochána to the DPP, some 14 years after the tribunal, formally known as the Tribunal of Inquiry into Payments to Politicians and Related Matters, reported in 2011.
The tribunal, which investigated the relationship between prominent business people and politics, made adverse findings in 2011 against a number of prominent politicians including Mr Lowry, who is leading negotiations on behalf of the eight-strong Regional Independents group with Fianna Fáil and Fine Gael.
It is not known whether there is any recommendations in relation to specific individuals in the file submitted to the DPP.
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The tribunal report concluded that Mr Lowry “secured the winning” of the State’s second mobile phone licence for Denis O’Brien’s company, Esat Digifone and also found that the former Fine Gael minister, was given money by Mr O’Brien, with the payments “demonstrably referable” to his winning of the licence. Mr Lowry and Mr O’Brien have repeatedly disputed the findings.
[ Simon Harris and Micheál Martin say they are happy to work with Michael LowryOpens in new window ]
In a detailed response to the development, Mr Lowry said: “Last year, I received a request for assistance from An Garda Síochána.
“I freely, voluntarily and willingly met them on one occasion and was fully co-operative. This was the only engagement or correspondence I had with the Garda over the 14 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.”
Mr Lowry said he had steadfastly maintained there was no wrongdoing or impropriety attached to the award of the GSM licence (to Esat) 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.”
He said the Chief State Solicitor’s office had defended the award of the licence in long drawn out civil cases taken by unsuccessful bidders.
It came as Fianna Fáil leader Micheál Martin said the parties involved in government negotiations would need to reflect on the referral of the file.
Taoiseach Simon Harris similarly stressed the importance of continuing with Government formation talks involving “democratically elected” Independent TDs notwithstanding the Garda file being sent.
“We will engage with them as a group. Who’s a part of that group is a matter for them, and obviously, who negotiates for them is a matter for them also,” he said.
The Tipperary TD is leading the negotiations on behalf of the group of Regional Independents in their dealings with the two bigger parties. Both Mr Harris and Mr Martin denied that Mr Lowry would be a kingmaker.
“There is no one kingmaker,” said Mr Martin. “We have negotiated with the Regional Independents group. I have met all of those, or spoken to the majority of those, some of whom will hold ministerial office, not Deputy Lowry.” He said the Tipperary North TD had stated that being a minister was not on his agenda.
The Tánaiste would not comment on the substance of the development saying he had to be mindful of due process. He did accept that the development was relevant.
“There are issues in the context of what has been transpired that have to be reflected on,” he told reporters.
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