The Garda has completed its long-running criminal investigation into the findings of the Moriarty tribunal, the payments to politicians inquiry, and has now sent its file on the case to the Director of Public Prosecutions (DPP), The Irish Times has learned.
The file was sent to the DPP in recent weeks, almost 14 years after the tribunal’s findings were first referred to the Garda for review which led to a criminal investigation.
The DPP’s office is expected to take some time to consider all evidence gathered by detectives before deciding whether any individual investigated has a criminal case to answer.
In reply to queries, Garda Headquarters confirmed a file had been sent to the DPP arising from the investigation into the tribunal’s findings and added: “No further information is currently available.”
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News that the Garda investigation, carried out by the Criminal Assets Bureau (Cab), has been completed and is now being considered by the DPP will exert pressure on Fine Gael and Fianna Fáil. Both are attempting to form a coalition with the rural Independents group, whose negotiations are being led by Independent TD Michael Lowry.
The tribunal concluded that Mr Lowry “secured the winning” of the State’s second mobile phone licence for Denis O’Brien’s company, Esat Digifone. It also found Mr Lowry, a 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.
Taoiseach Simon Harris and Tánaiste Micheál Martin said this week that they would continue to work with Mr Lowry to form the next government, despite the tribunal findings.
[ Moriarty tribunal costs top €50mOpens in new window ]
Mr Harris, the Fine Gael leader, said while he accepted the findings of the tribunal, there were now “practicalities” relating to the ongoing government formation process.
Mr Martin, the Fianna Fáil leader, who called for Mr Lowry’s resignation from the Dáil in 2011 over the tribunal’s findings, said that in the interests of forming a stable coalition, his party would now deal with the Tipperary North TD.
In 2011, the tribunal published its second and final report. That year, the findings were sent by the government to the Garda, which reviewed them to determine if any criminal allegations arose warranting investigation.
Though almost 14 years have passed since then, the investigation initiated has just been completed, by Cab, and the file sent to the DPP.
Cab also carried out another investigation after the chairman of the tribunal, Mr Justice Michael Moriarty, made a complaint in 2013 that efforts had been made to obstruct the tribunal’s work. That investigation resulted in a file being sent to the DPP, which recommended in 2017 that no criminal charges should be pursued.
Mr Lowry in 1996 resigned as minister for transport, energy and communications after revelations that businessman Ben Dunne, now deceased, had paid £300,000 towards the renovation of his home in Holycross, Co Tipperary. Mr Lowry denied wrongdoing at the time but later left Fine Gael after the party said he would not be allowed to again run as its election candidate.
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In 2007, Mr Lowry and his refrigeration company, Garuda, agreed a €1.4 million settlement with the Revenue.
In 2018, Mr Lowry and Garuda were found guilty of making incorrect corporation tax returns and failing to keep proper books of account relating to the company’s 2006 accounts.
Mr Lowry, who has been an Independent politician since leaving Fine Gael, was fined €15,000 and banned from operating as a company director for three years.
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