Michael Lowry has said the Moriarty report published today, which found he assisted Denis O'Brien in his bid to secure a mobile phone contract for Esat Digifone, is "factually wrong and deliberately misleading".
The tribunal's second and final report has concluded it is beyond doubt Mr Lowry - then-minister for transport, energy and communications - gave “substantive information to Denis O'Brien, of significant value and assistance to him in securing the [mobile] licence”.
The report says Mr Lowry displayed "an appreciable interest in the license competition,” had "irregular interactions with interested parties at its most sensitive stages, sought and received substantive information on emerging trends (and) made his preference as between the leading candidates known".
However, the Independent TD for Tipperary North said he "totally rejects the tenure" of Moriarty report. In a statement, Mr Lowry said Mr Justice Moriarty "has outrageously abused the tribunal’s ability to form opinions which are not substantiated by evidence or fact".
"For example, in relation to the license it was not possible for me to interfere with the license process without the collusion of up to eighteen civil servants. It is preposterous of Moriarty to form an opinion in his report that all of the civil servants and the consultant Michael Andersson had effectively lied under oath.
"During the prolonged hearings into the license not one single witness gave evidence that I in any way interfered with the process or made any suggestion as to who should win the license. Furthermore not one single witness gave evidence that I in any way undermined the application of any losing bidder."
Mr Lowry said it was "ludicrous" of Mr Justice Moriarty to state that the government of the day were in any way misled or in any doubt as to the recommendation made by the Independent project team, adding the project team was comprised of senior civil servants from both the Department of Communications and the Department of Finance.
"From the outset Moriarty was biased and has given fourteen years working to prove a theory that the license was improperly granted. It beggars belief how he could ignore the extensive evidence given to the tribunal which clearly confirms that I did not in any way influence the decision of the Independent project team," the former minister said.
"Moriarty’s credibility was shattered because of his selective approach to evidence during the private and public enquiry. I have long believed that because of the time and massive expense involved with the tribunal that the final report would have to justify its existence.
"This report is ultimately the opinion of the chairman and it has no basis in law. It is my intention to study the report in detail and in due course, to challenge its veracity," Mr Lowry's statement concluded.
The tribunal began its inquiry into the licence competition in 2002 after it discovered potential financial links between the former minister for communications Mr Lowry and Mr O’Brien.
