File on Lowry tax affairs was sent to DPP in March 2005

A file on Michael Lowry's tax affairs was sent to the Director of Public Prosecutions (DPP) in March 2005, the tribunal heard.

Liam Liston, principal officer with the Revenue's investigations and prosecutions division, said the Revenue received certain information concerning Mr Lowry's tax affairs in November 1996. Shortly afterwards a report about Mr Lowry's dealings with Dunnes Stores appeared in the media.

Mr Liston was asked to work on the case, and after some investigation became focused on possible criminal matters and the preparation of a file for the DPP.

He said his file was presented to the Revenue solicitor in 2004, and sent to the DPP in March 2005. He told Jerry Healy SC, for the tribunal, that he was now "awaiting directions".

Mr Liston interviewed Mr Lowry in February 1998 and cautioned him. The tribunal heard earlier that Mr Lowry availed of his right to silence.

Mr Liston told Rossa Fanning, for Mr Lowry, that Mr Lowry was being dealt with no differently than any other person selected for possible prosecution.

Minutes of a February 2003 meeting between the Revenue and Mr Lowry's agents were shown. At the meeting Mr Lowry's agent, Denis O'Connor, said they had looked to raise £800,000 from the banks but had been refused.

Another memo dated April 2003 said Mr Lowry's agents said he could raise €900,000 from seven sources identified to the Revenue but not disclosed to the tribunal. In June 2003 they told the Revenue that "the most he can raise from all sources is an additional €1 million and that even that sum will not be easily raised", according to the minutes of a meeting in June.