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View Full Version : Michael Lowry.....'disgraceful' and 'insidious'.


Rover 609
22-03-2011, 12:04 PM
The **** should lose his Dail seat with immediate effect and charged with some sort of fraud or insider dealing and O Brien should be at least nailed with some sort of massive fine.

http://www.rte.ie/news/2011/0322/moriarty_background.html


The second and final report of the Moriarty Tribunal into the business dealings of former Taoiseach Charles Haughey and former Communications Minister Michael Lowry has been published.

The long-awaited report runs to well over 2,000 pages and contains volumes of detail.

The Moriarty Tribunal began its inquiry in 2002 after it discovered potential financial links between Mr Lowry and the founder of Esat Digifone, Denis O'Brien.

The Tribunal has faced a number of challenges over the last few years from a number of people associated with, it including Mr O'Brien.

The inquiry is reported to have cost in the region of €100m to €150m.

The Moriarty Report states that it is 'beyond doubt' that Michael Lowry imparted substantive information to Denis O'Brien which was 'of significant value and assistance to him in securing the (mobile phone) licence'.

It states that documentation which contained 'sensitive information' was found in files in the possession of Esat Digifone.

The report found it was unable to conclude how the information on the weighting matrix adopted by the project group was obtained by the company.

The report states that Mr Lowry displayed 'an appreciable interest' in the process and had 'irregular interactions with interested parties' at what it terms 'most sensitive stages'.

It also found that Mr Lowry made his preferences on the leading candidates known.

The report describes the actions of Mr Lowry, who was returned as an Independent TD for Tipperary North in the recent General Election, as 'disgraceful' and 'insidious'.

Mr Lowry is not in Ireland at the moment. He told RTÉ News this afternoon that he was unaware the report would be published today.

Mr O'Brien, who is in the country, is returning to Dublin to consider the issues involved.

MrsPepe
22-03-2011, 12:08 PM
9 yrs and a cost of €100m to €150m.Jesus wept:eek:

Raven136
22-03-2011, 12:17 PM
Wait till the losing bidders then try to sue.

If this was Britain Lowry would be forced back home and his resignation demanded.

Fair play to the voters of Tipp for letting this man top the poll 3 times.

Also fair play to newstalk,they were 30mins after rte with the story but are not hiding behind any details despite O Brien being their owner.But the more you listen Coleman etc arre attacking the report.Interesting situation for them and their editors and programme directors.

Be interesting listening to Hook today.

Just read the guards a launching an inquiry into a TD finally,yeah thats right.....Ming for growing some pot.This country is a fcuking joke.

Juan
22-03-2011, 12:28 PM
I take it the Criminal Assets Bureau and the Guards will act swiftly on this corruption:rolleyes:
A lot of the reasons for the delays in the tribunal was the witholding of information..and legal action by certain parties,now we know why,but we are not surprised in this corrupt country of ours.

NiallD
22-03-2011, 12:29 PM
The mans a crook and should be locked up. Given his history it beggars belief he continues to be elected. As well as this tax evasion, half million payment from Ben Dunne for a house extension and god knows how much sh1t he's managed to keep quiet. As sterotypical an example as you get of an irish bent politician.

elvis
22-03-2011, 12:47 PM
We seriously have to stop letting crap like this happen, its our fault for letting them do it, other countries would have marches and demonstration, heads need to roll.

GaryMc
22-03-2011, 12:58 PM
Why does he keep getting elected, does he do good work for people down there?

Juan
22-03-2011, 01:22 PM
Ben Dunne saying he was off his rocker on drugs at the time..and gave his evidence to the tribunal to the best of his recollection!

Anfield Old Boys
22-03-2011, 01:25 PM
Why does he keep getting elected, does he do good work for people down there?

No he blames it all on the dublin meeja who were out to get him...People should realise that this is the second Tribunal report, the McCracken Tribunal was the first, to severly criticise him..

callyno3
22-03-2011, 05:46 PM
Fcukin crook !! Drives me nuts that he tops the pool in tipp every time. its just part of whats wrong with this country , cooper flynn , that clown from kilgarvan etc ,People know these politicions are crooked and still keep voting for them. They seem answerable to noone, No conflict of interest with our current Minister for health??? and no dodgy dealings by the M1 either for him.

Garrett
22-03-2011, 08:08 PM
These Tribunals are a load of bollox ...

They cost an absolute fortune and the only people who ever get "done" when they are finished are the public, who have to pay for them via more taxes !!!

Juan
22-03-2011, 08:43 PM
Anyone see that denis o brien on rte news? lies and more lies spouting from his mouth.
In some countries he'd be arrested..stripped of his assets and jailed.in china hed be arrested...executed..and stripped of his heart..lungs..and vital organs!
Yet here we give the corrupt fcuker airtime to spout his lies on prime time tv.
vis a vis the proceeds of crime act..€147k passed from his account to lowrys via an isle of man account...will lowry and o brien suffer? Doubt it very much.

Anfield Old Boys
22-03-2011, 10:53 PM
These Tribunals are a load of bollox ...

They cost an absolute fortune and the only people who ever get "done" when they hare finished are the public, who have to pay for them via more taxes !!!

Good point..why dont the guards investigate these issues? How long did it take Maddof to be thrown in jail in the US, a long shorter than the 14 years this report took!

Carlsburger
23-03-2011, 07:07 AM
Very interesting to see how the different sections of the media are reporting on Denis O'Brien .........

RTE are shocked and horrified by the report (they hate O'Brien)
Newstalk say the report is flawed (they are owned by O'Brien)

Sunday Indo Sam Smyth says this is truly the worst political scandal of all time (he hates O'Brien even if he owns part of Indo)
Irish Times Sarah Clarey saws the report is based on hearsay and not fact (she lurvs O'Brien and used to work for him)

There is a media battle going on here to discredit O'Brien or Moriarty.


Surly the bottom line is that Lowry is a crook and should be put in jail.

The fact that it cost whatever millions (RTE say €100m - 150m) (Newstalk say €300m - €600m) make me wanna punk into my cornflakes. And I'm sure the company who lost out on the phone licence will sue the state.

Jesus wept ...... another beautiful day for the Irish Tax Payer !

Anfield Old Boys
23-03-2011, 08:47 AM
Sunday Indo Sam Smyth says this is truly the worst political scandal of all time (he hates O'Brien even if he owns part of Indo)

True but Smyth is also being sued for libel by Lowry at the moment for comments he made on radio...the case was recently and they are awaiting the judgement. I'd say he hates Lowry more than O'Brien. also, Smyth broke the original Dunne/Lowry payments story in 1996 which was what the McCracken Tribunal investigated.

Anfield Old Boys
23-03-2011, 08:53 AM
The fact that it cost whatever millions (RTE say €100m - 150m) (Newstalk say €300m - €600m) make me wanna punk into my cornflakes. And I'm sure the company who lost out on the phone licence will sue the state.

Jesus wept ...... another beautiful day for the Irish Tax Payer !

Were not sure of the final cost as it has to be decided who will get their legal costs paid for. The Tribunal gave legal representation to 23 people/entities although if they have found, as with previous Tribunals, to have misled or witheld information then they might get very little or none of their costs, Liam Lawlor is a case in point here..

Derekc
23-03-2011, 08:57 AM
From listening to news talk this morning the tribunals sound ridiculous because no matter what is discovered nothing can be used in a criminal court that is discovered at a tribunal.

Has O'Brien actually explained how the money ended up in Lowry's account? I heard him say he never paid him but no one asked him how the money ended up in Lowry's account.

Anfield Old Boys
23-03-2011, 09:27 AM
Has O'Brien actually explained how the money ended up in Lowry's account? I heard him say he never paid him but no one asked him how the money ended up in Lowry's account.

Yes, here is an article from today's Indo on this issue.


Shane Phelan: Probe followed complex money trail

THE Moriarty Tribunal followed a complex money trail while investigating whether Denis O'Brien gave money to Michael Lowry in return for his help in winning the State's second mobile-phone licence.

Its inquiries shone a light on the activities of a colourful cast of characters -- including a Fine Gael fundraiser, a northern land agent, an English solicitor and a Dublin accountant -- all with links to both the telecoms mogul and the former minister.

The "money trail" can essentially be distilled down to four separate issues -- a "loan" that Mr Lowry said he received from the late Fine Gael fundraiser David Austin and three separate property deals in the UK.

In the summer of 1996 -- after the Esat Digifone consortium, which was 40pc-owned by Mr O'Brien, had won the mobile-phone licence -- Mr O'Brien transferred IR£150,000 from accounts in Dublin to a Jersey account in the name of Mr Austin.

Mr O'Brien said the money was payment for a Spanish property that he had bought from Mr Austin.

That autumn, while Mr Lowry was still Minister for Transport, Energy and Communications, a IR£147,000 sum was transferred from Mr Austin's Jersey account to an Irish Nationwide account held by Mr Lowry in the Isle of Man.

Mr Lowry resigned as minister in November 1996 after the Irish Independent revealed how businessman Ben Dunne had had paid for an extension to his Co Tipperary home.

By February 1997, the McCracken Tribunal -- the predecessor to Moriarty -- had been established and was enquiring into secret payments from Mr Dunne to Mr Lowry and the former Taoiseach Charles Haughey.

On the day the tribunal was established, Mr Lowry returned the money to Mr Austin. Mr Lowry would later describe the IR£147,000 as "a loan".

He said the "loan" was to help him refurbish a house on Carysfort Avenue in Blackrock, Co Dublin, which the Tipperary politician had bought as a second home in July 1996.

Mr Lowry said that following his resignation as a minister he no longer needed a house in Dublin.

He said he sold it back to the builder in January 1997 and repaid the "loan" to Mr Austin the following month.

However, the tribunal concluded that the IR£147,000 was a payment from Mr O'Brien to Mr Lowry in circumstances giving rise to the "reasonable inference" that the motive was connected to Mr Lowry's role as a government minister.

The same month that Mr Lowry returned the money to Mr Austin, his accountant, Denis O'Connor, contacted Aidan Phelan, an accountant and financial adviser to Denis O'Brien, with a request which Mr Phelan said came "out of the blue".

Mr Lowry wanted a mobile phone for his own use. Mr Phelan said he assumed it was so that Mr Lowry could keep confidential who he was contacting.

Mr Phelan supplied him with the phone and paid the bill.

Within months, Mr O'Connor came back asking Mr Phelan to have a meeting with Mr Lowry, who was looking for help with his business affairs.

He was under severe pressure at the time as the McCracken Tribunal was holding public hearings. Mr Phelan agreed to this, despite the fact that suspicions of financial links between Mr Lowry and Mr O'Brien had almost scuppered the multi-million-pound launch of Esat shares on the US market.

He insisted at all times in his dealings with Mr Lowry that he was working for himself and not on behalf of Mr O'Brien.

Mr Lowry would later say that he was looking for a strategic partner for his refrigeration company, Streamline Enterprises. Mr Phelan acted for another refrigeration company, Masser Hammond.

According to Mr Lowry, in late 1997, Kevin Phelan, a land agent from Omagh, Co Tyrone, and no relation of Aidan Phelan, contacted him about a possible land deal for a property worth Stg£250,000 in Mansfield, England.

Mr Lowry put a Stg£25,000 deposit on the property in September 1998. At the time, it was intended that Kevin Phelan would find investors to fund the remaining Stg£225,000.

However, by March 1999, investors had not been found.

Aidan Phelan said Kevin Phelan then proposed that he get together with Mr Lowry on the deal. Aidan Phelan said he sourced Stg£300,000 from a London account belonging to Mr O'Brien, to which he had access.

He said Mr O'Brien had no knowledge of the property deal and that the money used was an advance on a success fee.

According to Mr Lowry, he continues to own 10pc of the property, while Aidan Phelan held the remaining 90pc.

Mr Lowry says his portion is now worth very little and that he received no payment of benefit from the deal.

For a second land deal, Mr Lowry had used Stg£44,500 left over from the Mansfield deal to put down a deposit on a property in Cheadle, England. Aidan Phelan said he loaned the money to Mr Lowry.

The deal also involved a Stg£420,000 loan, which Aidan Phelan got from Investec Bank. This was negotiated in December 1999.

The bank believed that the loan was "a Denis O'Brien transaction" but Aidan Phelan said this was not the case.

According to Mr Lowry, Aidan Phelan took out the loan after Mr Lowry had difficulty organising finance.

When Mr Lowry was unable to provide a guarantee for the loan, Aidan Phelan took "exclusive ownership" of the deal, he said.

Aidan Phelan sold the property some years later and discharged the loan himself. Mr Lowry maintains that there was no financial benefit to him from the transaction.

Tribunal lawyers said letters from Christopher Vaughan, a Milton Keynes-based solicitor who acted for Mr Lowry, relating to the purchase of this property, appeared to have been altered in a bid to conceal the extent of Mr Lowry's involvement.

Judge Moriarty found that the Stg£300,000 sum used in connection with the Mansfield and Cheadle property deals was a payment from Mr O'Brien to Mr Lowry, through the agency of Aidan Phelan.

He said the circumstances of the payment gave rise to "a reasonable inference" that the motive was linked to Mr Lowry's role as a minister.

The judge also concluded that Mr O'Brien provided support for the Stg£420,000 loan given to Aidan Phelan and that this amounted to an indirect payment or benefit to Mr Lowry.

Another letter from Mr Vaughan linked Mr Lowry to a third UK land deal -- the purchase of the lease to the grounds of Doncaster Rovers Football Club.

Mr O'Brien told the tribunal that the lease had been bought by him in a Stg£4m deal through Westferry, a company in the Isle of Man, in August 1998. Kevin Phelan had introduced him to the property.

According to Mr O'Brien the transaction had been managed by Aidan Phelan and Mr Lowry had no involvement. However, a letter written in 1998 by Mr Vaughan to Mr Lowry referred to the former minister's "total involvement in the Doncaster Rovers' transaction".

Mr Vaughan later said the letter had been wrong and that Mr Lowry was not involved in the deal.

Mr Lowry has denied that he had any material interest in the project and said he never instructed Mr Vaughan in relation to it.

However, the tribunal found Mr Lowry did have an involvement in the Doncaster transaction.

Judge Moriarty concluded it was intended that the deal "would entail a payment to, or a conferral of pecuniary advantage on him, the source of which was the ultimate beneficial owner of Doncaster, that is, Mr Denis O'Brien."

Anfield Old Boys
23-03-2011, 09:28 AM
Sam Smyth also get his claws into Lowry as well...in today's Indo...

The two-bit politician who committed daylight robbery

THERE is something of the night about Michael Lowry, a two-bit politician who committed daylight robbery with a quiet word and the stroke of a pen.

Yet he has achieved something way beyond his two years as a minister and 23 years as a TD -- a peerless reputation for reckless dishonesty.

In his report, Mr Justice Moriarty compared his level of dishonesty and corruption to the late Charles Haughey -- but as an elected politician, Lowry's disgrace is unique.

Our paths crossed dramatically 15 years ago when he had to step down as a minister after I reported that he was in the pocket of Ben Dunne, one of the country's wealthiest businessmen.

But his past dodgy dalliances with Dunnes Stores is paled almost to insignificance by the latest breathtaking revelations.

Mr Justice Moriarty has put him at the epicentre of a web of deceit that has effectively rubbished the reputation of the State itself.

In retrospect, putting Michael Lowry in charge of the biggest contract the State had ever awarded was always going to be a temptation too far for a man-on-the-make.

Every waking hour in his couple of years as a government minister was spent dreaming up schemes that enriched Michael Lowry and devalued public life.

As a journalist, I chronicled his life and times through those couple of helter-skelter years when he was a minister in the mid-1990s and he did his damnedest to shut me up.

He initiated a legal action against me personally "seeking exemplary damages for this most grievous and unwarranted libel" following an appearance on RTE's 'Prime Time'.

This had followed a series of reports I wrote in this newspaper after he was appointed Minister for Transport, Energy and Communication with a IR£2bn budget in December 1994.

He sued me again recently over his involvement in the second mobile-phone licence and lost his action in the Circuit Court in January. He has appealed the decision.

After he took up office, I wrote that he was a modern Irish take on the old US mud-cabin-to-the-White-House legend.

He set out from a small farm in north Tipperary, became a millionaire businessman, then a cabinet minister -- and he was the bookies' favourite to be the next leader of Fine Gael.

A key negotiator for his party in forming the Rainbow Coalition, he was also one of Taoiseach John Bruton's closest advisers. Envious friends called him "Lucky Lowry".

He came into town like an avenging angel, saying he would clean up the "cosy cartels" and wipe out corruption in the semi-state companies in his charge.

Lowry was portrayed as a cool, clean hero and inspired an 'Irish Times' editorial calling for new laws to root out "Sicilian levels of corruption in Irish public life".

In March 1995, he outlined the conditions for the granting of the second mobile-phone licence to compete with the state-owned service.

It would, said Minister Lowry, be the biggest contract ever awarded by a Government to a private company in the history of the State.

In August 1995, Lowry was asked if he had taken advantage of the 1993 tax amnesty. He replied: "All my tax affairs are in order."

But the tide was turning against him and he faced a motion of 'no confidence' in October 1995.

In his 22-page address to the Dail, Lowry said he had no offshore accounts. He was a liar. At the time, he had four offshore bank accounts.

BUT he recklessly hiked up his agenda and tried to destroy the chief executive of Bord na Mona, Eddie O'Connor.

Eventually Mr O'Connor was given compensation for the damage to his reputation, plus a generous settlement package, and he went on to found the successful company Airtricity.

I was convinced that Lowry was a spoofing crook and trawled the country for evidence of his wrongdoing in a bid to defend myself in the legal action that he had taken against me. I soon found it.

Dunnes Stores had secretly paid nearly IR£500,000 to refurbish his house in Tipperary. Lowry resigned from office in disgrace.

He also resigned from Fine Gael but was returned as an independent TD for Tipperary North the next year, in 1997, again in 2002, in 2007 and again last month.

Since then, he appears to have prospered. He still drives a top-of-the-range BMW but he is rather less flamboyant about his private life.

However, he still persists in playing the role of victim, protesting his virtue with an air of injured innocence and claims that he is being persecuted with the same brazen conviction that he used to leverage big bucks out of businessmen.

Mr Justice Moriarty has branded him a crook, but Michael Lowry is still confident that the people of Tipperary North will continue to return him to the Dail.

- Sam Smyth

Irish Independent

Shay
23-03-2011, 09:46 AM
These Tribunals are a load of bollox ...

They cost an absolute fortune and the only people who ever get "done" when they are finished are the public, who have to pay for them via more taxes !!!

+1 an utter load of bollox

prendy
23-03-2011, 09:58 AM
the thing I dont get is the opposition will question FG in the Dail today (rightly so) why dont they request TD Lowry to be present and answer some questions, surely as an elected representative of the people thats the least we can expect from him.

the fact that this is the second tribunal that has found him guilty of corruption should mean he is sacked without any severance or benefits (pension etc) but no he will hold on to his seat and get everything that comes with it.:(

Scary thing is that if there was another election tommorow this crook would top the poll in Tipp.:eek:
what a fooked up little island we are.

Derekc
23-03-2011, 10:03 AM
@ Anfield Old Boys, cheers for posting the stories from indo.

SUPERFAN
23-03-2011, 02:52 PM
George hook on Twitter..
ghook
Interviewing Michael Lowry at 5.10 pm on the Right Hook

Anfield Old Boys
23-03-2011, 03:17 PM
George hook on Twitter..
ghook
Interviewing Michael Lowry at 5.10 pm on the Right Hook

Don't expect much though....Lowry being interviewed on the station that Denis O'Brien owns...:rolleyes:

Juan
23-03-2011, 03:26 PM
George hook on Twitter..
ghook
Interviewing Michael Lowry at 5.10 pm on the Right Hook

Just replied..You shouldnt be interviewing him george....it should be the Gardai!
must have a listen to it anyway,plenty of weasel words id say.:)

CHRIS1892
29-03-2011, 10:49 AM
Slightly off topic, but if you can, check out documentary from last night on RTE1, Sceannail (Scandal) about O'Donoghue's & others "expense claims". Fcuking unbelievable the amounts these fcukers were claiming, including our president!

Juan
29-03-2011, 11:05 AM
The debate on the Moriarty report should be intresting today (2.30pm).
With Lowry given 40 mins to speak(should be given 40 yrs imo:))and with FG facing many uncomfortable questions about the whole affair.Time to see if this new government is serious about political reform.
I suppose FF wont be able to say much..pot/kettle/black and all that.

Anfield Old Boys
29-03-2011, 12:34 PM
The debate on the Moriarty report should be intresting today (2.30pm).
With Lowry given 40 mins to speak(should be given 40 yrs imo:))and with FG facing many uncomfortable questions about the whole affair.Time to see if this new government is serious about political reform.
I suppose FF wont be able to say much..pot/kettle/black and all that.

Thanks for reminding me...I'm not expecting much from Lowry given he misled the Dail previously on the payments he received from Ben Dunne ..coveying the impression he could evade tax by having an off shore account when it transpired that he had four of them! I do agree its a test of whether the Govt is serious on reform of the political system..he should be hauled up a la Callely in front of a committee of his peers...

Axel96
29-03-2011, 01:04 PM
http://www.rte.ie/news/2011/0329/lowrym.html

CAB investigating Michael Lowry finances

CAB has begun an investigation into the financial affairs of the Independent TD Michael Lowry following the report of the Moriarty Tribunal.

1 of 1 Michael Lowry - CAB is investigating TD's financial transactions The Criminal Assets Bureau has begun an investigation into the financial affairs of the Independent TD Michael Lowry following the report of the Moriarty Tribunal.

The investigation began after the report was last week referred by the Government to the Garda Commissioner and the Director of Public Prosecutions.

It is centred on cash transfers and a loan guarantee totalling £867,000, which the tribunal says businessman Denis O'Brien gave to Mr Lowry.

The Independent TD was Minister for Communications when the mobile phone licence was awarded in 1995.

A team of 15 officers from the bureau has so far been assigned to the inquiry team, but that number is expected to increase due to the complexity of the inquiry.

CAB is investigating the background to the financial transactions and whether they are connected to the awarding of the phone licence.

Both Mr Lowry and Mr O'Brien have given their own explanations, but the CAB will have to seek its own answers and carry out its own interviews.

Officers will also have to seek information from financial institutions in Ireland and abroad.

It will have to gather and present evidence in a way that it can be forwarded to the Director of Public Prosecutions for use in court if necessary.

CAB is also investigating the circumstances whereby the Independent TD availed of the 1993 tax amnesty and then publicly admitted three years later his tax obligations remained outstanding.

Former Minister for Justice Ray Burke was jailed for furnishing incorrect information under that tax amnesty.

Mr Lowry made a settlement in 2005 with Revenue for €1.4m, but this settlement does not grant him immunity from prosecution.

KOPSTAR
29-03-2011, 02:12 PM
I hope he gets all that coming to him , hungry B------

GaryMc
29-03-2011, 10:18 PM
Listening to him in the Dail on Vincent Browne. He has some neck on him.

Anfield Old Boys
30-03-2011, 09:11 AM
I hope he gets all that coming to him , hungry B------

Listening to him in the Dail on Vincent Browne. He has some neck on him.


Apart from a CAB/Revenue investigation I would be doubtful that much else will happen to him as he will brazen it out. Blame should also be attached to those in North Tipp who voted for him...if he was, through some miracle, booted out, then expect his son/daughter to get elected instead...cause you know it wasn't his fault it was the Dublin meeja who wer out to git him! :rolleyes:

Anfield Old Boys
07-10-2011, 08:35 AM
Well, our old friend Michael Lowry has lost his libel case and now faces a big bill....yippee....could not happen to a nicer guy...It appears that the "The independent politician claimed the article and a comment by Mr Smyth on television that Mr Lowry had been "caught with his hand in the till" suggested he was a thief, a corrupt politician, dishonest, untrustworthy and unfit to have been a minister and a TD." Well , if the cap fits...and coming on top of the casino legislation not going his way, I'm having a good week...



http://www.independent.ie/national-news/lowry-has-legal-bill-of-euro50000-after-losing-libel-case-2899474.html

FORMER Minister Michael Lowry is facing a legal bill of up to €50,000 after journalist and broadcaster Sam Smyth successfully defended a defamation action taken against him by the controversial Tipperary TD.

Yesterday Circuit Court Judge Margaret Heneghan told lawyers for Mr Smyth that she would not postpone the order for costs even though Mr Lowry had appealed his case to the High Court.

Last January, Judge Heneghan refused Mr Lowry a declaration, under a new procedure in the 2009 Defamation Act, that he had been defamed by Mr Smyth on TV3's Tonight with Vincent Browne programme and in an Irish Independent article.

The new procedure allows a person to get a summary (instant) order from the court if a judge rules they have been defamed and also finds the defendant has no defence that is likely to succeed.

Judge Heneghan heard the case in December last year and in January she ruled that Mr Lowry had not established that Mr Smyth had no defence to the allegations of defamation.

Mr Smyth, who is the only Irish member of the International Consortium of Investigative Journalists (ICIJ), has been covering matters relating to Mr Lowry since the mid-1990s.

In 1996, Mr Smyth revealed that renovations at Lowry's home were paid for by former Dunnes Stores business magnate Ben Dunne, leading to Mr Lowry's resignation as Communications Minister.

Last night the National Union of Journalists (NUJ) welcomed the costs ruling as "a striking demonstration of the effectiveness" of the new Defamation Act.

The alleged defamation action brought by the former minister centres on comments made by Mr Smyth concerning the McCracken and Moriarty tribunals and their inquiries into matters relating to Mr Lowry's finances.

The independent politician claimed the article and a comment by Mr Smyth on television that Mr Lowry had been "caught with his hand in the till" suggested he was a thief, a corrupt politician, dishonest, untrustworthy and unfit to have been a minister and a TD.

Honest

Mr Smyth, of The Gasworks, Barrow Street, Dublin, had stood over his comments and argued in court they were true and based on his honest opinion and constituted fair and reasonable publication in matters of public interest.

He claimed that what had been discovered about Mr Lowry at the McCracken and Moriarty tribunals led inevitably to the conclusion that Mr Lowry was indeed corrupt, dishonest, untrustworthy and both unfit and unsuitable to be a minister and TD.

Irish NUJ secretary Seamus Dooley said afterwards: "I hope this decision will give other people who seek to inhibit investigative journalism through use of the Defamation Act pause for thought."

Anfield Old Boys
10-02-2012, 11:02 AM
Lost again sucker!

http://www.rte.ie/news/2012/0210/lowrym.html

High Court dismisses Lowry defamation appeal


An appeal from Michael Lowry for a summary ruling in a defamation case over comments made by the journalist Sam Smyth has been dismissed.

Michael Lowry was not in court to hear the verdict.

The High Court has dismissed an appeal from the Independent TD Michael Lowry for a summary ruling in a defamation case over comments made by the journalist Sam Smyth.

The case centred around an article written by the journalist in the Irish Independent and comments he made on TV3 when he said Mr Lowry had been "caught with his hand in the till".

Mr Lowry had argued that the words used by the journalist were understood to mean that he was a thief, and a corrupt politician.

Mr Smith said the comments were true in their natural and ordinary meaning and consisted of an honest opinion. In his affidavit, the journalist also pointed to information gleaned from information from proceedings in the Moriarty Tribunal.

Late last year, the Circuit Court ruled that Mr Lowry had not established that Mr Smyth had no defence to the allegations of defamation.

Delivering his judgment today, the President of the High Court, Mr Justice Nicholas Kearns, agreed and said it seems clear that the defendant has a good arguable case in respect of both publications.

He said he noted that Mr Lowry in his various affidavits did not dispute that he engaged in tax fraud.

Mr Justice Kearns also said that while a Tribunal of Enquiry has no evidential value in other proceedings, he said their findings can act as a roadmap for others with an interest in the subject matter be it the Oireachtas, the Director of Public Prosecution or litigants.

Shorn of this, he said, the functions of a tribunal would be rendered totally pointless.

Speaking afterwards, Mr Smyth said he was happy with the outcome and said it was a good day for journalism. Michael Lowry was not in court.