LOWRY REACTION:TIPPERARY NORTH TD Michael Lowry has accused Mr Justice Michael Moriarty of issuing a report that is "factually wrong and deliberately misleading".
Mr Lowry said in a statement that he totally rejected the tenor of the report and he accused the judge of forming opinions that were not substantiated by evidence or fact.
“For example, in relation to the licence it was not possible for me to interfere with the licence process without the collusion of up to 18 civil servants,” Mr Lowry said.
He added: “It is preposterous of Moriarty to form an opinion in his report that all of the civil servants and the consultant Michael Andersen had effectively lied under oath,” he added.
He said that during the prolonged hearings into the licence at the tribunal, not one single witness had given evidence that he in any way interfered with the process or made any suggestion as to who should win the licence.
Mr Lowry, who was out of the country yesterday, said in his statement that not a single witness at the tribunal had given evidence that he in any way undermined the application of any losing bidder.
“It is ludicrous of 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.
“It should be remembered that the project team was comprised of senior civil servants from both the department of communications and the department of finance,” he said.
Mr Lowry claimed that from the outset of the tribunal, Mr Moriarty was biased and had spent the past 14 years working to prove a theory that the licence was improperly granted.
He said: “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. Moriarty’s credibility was shattered because of his selective approach to evidence during the private and public enquiry.”
The TD for Tipperary North added he had long ago come to the conclusion that because of the time and massive expense incurred by the tribunal, its final report would come to conclusions that served 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,” Lowry said.
There is no legal impediment to Mr Lowry continuing to serve as a TD for Tipperary North because of the negative findings of the Moriarty tribunal.
The 1992 Electoral Act deals with the issue of disqualification from membership of the Dáil in sections 41 and 42.
A TD can be removed only in the case of criminal conviction or bankruptcy.
A range of people are disqualified from membership for obvious reasons such as that they are not Irish citizens or have not reached the age of 21.
People in certain occupations such as civil servants, gardaí, the Defence Forces or members of the European Commission or Court of Auditors are also disqualified.
People defined as being of “unsound mind or undergoing a sentence of imprisonment for any term exceeding six months, whether with or without hard labour, or of penal servitude for any period imposed by a court of competent jurisdiction in the State”, are also disqualified.
The Act also declares “an undischarged bankrupt under an adjudication by a court of competent jurisdiction in the State as not being eligible for election to or membership of the Dáil.”
There is no reference in the legislation to tribunals of inquiry.
