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Dublin: 12 °C Sunday 19 May, 2013

Gardaí examining Lowry tape as conversation is aired on national TV

Independent TD Michael Lowry can be heard making reference to a £250,000 payment which he said he never declared.

Independent TD Michael Lowry (file photo)
Independent TD Michael Lowry (file photo)
Image: Sam Boal/Photocall Ireland

A CONVERSATION BETWEEN independent TD Michael Lowry and land agent Kevin Phelan has given details of a payment of £250,000 that the TD said that he never declared.

The full telephone conversation between Lowry and Phelan was played on last night’s Tonight with Vincent Browne.

A response by the Minister for Justice Alan Shatter to a parliamentary question by Deputy Pearse Doherty has revealed that gardaí are currently examining the tape, with a view to determining whether a full investigation should take place.

The conversation between Lowry and Phelan is understood to have taken place on 30 September 2004, at a time when Phelan, who was then based in Omagh in Co Tyrone, was employed by Lowry to identify properties to invest in.

Outlining the background to the taped conversation, academic and Sunday Independent contributor Elaine Byrne said that the conversation had been provided voluntarily by Phelan, a transcript of which was previously published in the paper.

“What will come across in particular is the anxiety that Michael Lowry expresses about Kevin Phelan confirming that he had nothing to do with an entity called Glebe trust, which is a family trust,” she said.

Conor Ryan of the Irish Examiner, who also appeared as an analyst on last night’s show, described the significance of the taped conversation:

Until this tape aired, we know about one payment between Lowry and Phelan, the final installment of which was 22 April, 2002, the sum total of which was for £65,000. What we hear in this tape… is that on 28 August, 2002, Michael Lowry gave a separate payment of £248,684 to Kevin Phelan.

This payment, however, was never revealed to the Moriarty Tribunal.

Phelan never gave evidence to the tribunal, and having lived in Northern Ireland at the time, wasn’t compelled to.

The first part of the conversation is concerned with the payment of £250,000, extracts of which are below:

Michael Lowry: “I’m asking you, Kevin, for f**ks sake will you protect me just a small but. For jaysus sake don’t land me in it. I’m destroyed as it f**king is.” … “I can’t bring out that 200 – that 250 – again. If that comes out again I’m f**king ruined, I’m bankrupt.” … “They can’t find that 200. I never declared it.”

Following discussions about Glebe Trust, and whether Lowry could be viewed as being involved with it in any way, the conversation returns to the £250,000.

Michael Lowry: “Now, the 2500 – the 250 – that I gave you, I paid that directly. I never put that through my books or my account of anything, nobody’s going to f**king get it, so I’ve got, you, know, I mean, I’m not even bringing that into it”.

Deputy Lowry has denied any wrongdoing.

Read: Lowry: Payment in taped conversation was tax compliant >

More: Lowry refuses to say whether report of Phelan tape is accurate >

Read next:

Comments (120 Comments)

  • Ming got crucified over 4points. Id expect Lowry to be burned at the stake.

    Reply
  • Shocking content on this tape and damning to say the least. I would worry about the admissibility of such a tape in our justice system, given that it was made without consent. I can see something like that being the stumbling block. The court of public opinion however has already reached a verdict.

    Re. Fine Gael. Vincent Browne himself pointed out last night that FG was a major beneficiary of political donations around the time of the state issuing of the mobile phone licence. The party, which was almost nearing bankruptcy in opposition, was absolutely rolling in it with funds via political donations when they entered Government. I simply don’t accept that FG were blissfully unaware why all of this cash was rolling in. Lowry was their biggest fund raiser according to comments made on VinB last night.

    I would expect our Taoiseach to call for a resignation, at the very least.

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  • I’d half expected him to ring in sick today, instead he was over in Cheltenham!

    Listening to the tapes last night I wasn’t at all shocked at the content but his use of expletives bordered on illiteracy. Hope to god he never stands for election again cos there’s plenty fools would vote for his type.

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  • The silence from the media especially RTE today is disgraceful. Not even a brief mention of it on Pat Kenny show. Regina Doherty TD (she whose company was wound up owing debts of €286,000, €60,000 to Revenue ) was taking the moral high ground over Ming on Kenny but not a word on Lowry.

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  • Philip 15/03/13 #

    Brilliant journalism by elaine byrne in the sunday independent who got this story

    Well done to vincent browne on airing the tapes

    Shame on rte and the FG/Labour government for doing absolutely nothing about it

    What it illustrates is we do not have any real idea of what goes on behind closed doors of big business and politicians

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  • How will the 10,000 people in Tipp that voted for this guy feel now?

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  • Higgins where art thou i want your opinion man

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    • Seeing as he is on a sabbatical ….. this might amuse you in the meantime take the phrase “That’s Brilliant” and say it in a liverpudlian accent …think John Bishop ! ………… it’s very annoying and it won’t go away !

      Reply
  • It’s amazing this man is allowed walk through the doors of Dáil Eireann. Enda’s buddy…Corrupt to the core!

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    • He did save FG from going Bankrupt in the mid 90′s,might explain the misplaced Enda and several other senior FG figures have for Lowery.

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    • He’s allowed because the people voted him in. We’re the only ones who can stop them walking through the doors of the Dáil.

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    • Cormác

      Enda or Michael?

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    • What is worse is that I’d almost believe that what I saw on TV3 last night was little more than a figment of my imagination. A quick google search throws up the journal.ie, and newswhip.com as the only news sources in the entire country that have bothered to cover this story in any way shape or form.

      RTE appear not to have mentioned it on either radio or television (unless I missed something). So called Newstalk have given it a wide birth entirely, which I suppose is hardly a surprise when one considers who owns that particular organization.

      One thing for sure, the silence is deafening.

      Reply
    • @Dawg – And the Sindo, which broke the story in the first place.

      I agree with you about RTE. They seem to be scared off anything mildly controversial since the bogus tweet and the Kevin Reynolds debacle. Current Affairs is lame populist whining these days. I have no idea what the point of it is supposed to be, and even less idea why licence payers are supposed to fund it.

      Reply
    • Ryan'O 15/03/13 #

      Pat Kenny’s wages that’s why.

      Reply
    • Yes @Emily, Elaine Byrne has a spine made entirely of tungsten steel. A picture in any dictionary next to the definintion of “journalist”.

      Kudos to Paul Hyland and the Journal.ie for covering this story today.

      I wonder is it legally permissible to conscientiously object to paying RTE a licence fee?

      Reply
    • 4500 of us will pay our tv licence or broadcasting charge should I say, to cover Pat Kennys wages. Money well spent?

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    • Just a little point about the Broadcast Charge ; If Michael Lowry was in his old position of Minister for communications then he would be collecting it………..
      Or to put it another way ; Pat Rabbitte is the successor to Michael Lowry’s Department ……… and another previous incumbent was Ray Burke ! ………………
      Now I’m off to buy a few fish ………. I love the smell of fishy on a Friday !

      Reply
  • The lack of interest the government has shown in relation to this affair is amazing,considering 10 members of the present government were members of the government Lowery was forced to resign from.

    Reply
    • What do you want them do? They can’t do much at all. There was a motion of censure passed against him after the Moriarity Tribunal, but sure that doesn’t do anything really at all. It’s a matter for the Gardaí now, so you don’t want the Government getting involved, tampering with the investigation and possibly allowing him off on a technicality.

      On the big picture, it’s actually a good thing that the executive can’t sanction a member of the legislature, as this would be bad from a separation of powers and democratic point of view.

      Reply
    • Has Enda accepted the findings of Moriarity yet?

      Reply
    • Why did Lowery still up till very recently have such favourably access to senior FG ministers Hogan&Reilly to name but two.

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    • Philip 15/03/13 #

      @Jenny No I don’t think enda has actually stood up in the dail and accepted the findings of the tribunal, makes you wonder

      But as long as mainstream media don’t make an issue of it, it doesn’t make its way into the pulic

      Reply
    • That’s incorrect. If you would just take 5 minutes of your time and actually look up Oireachtas.ie you would clearly see that Enda Kenny has accepted the findings of the Moriarity Tribunal. He called it: “A devastating critique of a powerful elite exposing a gross abuse of privilege; a rank abuse of public office and a devastating abuse of public trust is”. It’s all here: http://oireachtasdebates.oireachtas.ie/debates%20authoring/debateswebpack.nsf/takes/dail2011032900019?opendocument

      Can people please get their facts right and stop speculating.

      Reply
    • @ Ignoreireland ……………… Talk is cheap ….what has he done about it ? ………….. unleashed C.A.B. ? ………………

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    • @Dermot Ryan, again, if you look at another comment of mine, what can he do? And I for one am certainly glad that the Government doesn’t have the power to direct the Gardaí or CAB to prosecute anybody. Imagine if they did? I’m not attacking this government particularly, but any Government could potentially use such a power to silence political opposition. It’s the mark of a democracy that Government power is limited, and on issues like this, when we’re talking about due process and allowing a plurality of political views to be held, it’s of vital importance that the Government can’t force him to resign or direct the Gardaí or CAB to prosecute him. It’s up to us the people to eject him from his seat. I know it sucks to see him in the Dáil, collecting his salary and earning his pension, but that’s the people of Tipperary’s fault, not the Government’s.

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    • but isn’t the fundamental problem …the Taoiseach IS supposed to be in charge ! ….what if the Director of Public Prosecutions is in the pocket of someone …..I’m not saying they are but the taoiseach should be able to sack corrupt officials or incompetent ones ….that’s why the taoiseach’s term should be restricted to one term …it would remove the fear that all politicians have of not being re-elected and it would let them concentrate on the job of getting rid of corruption ……. We need to change the system or we are just on a spiral to nowhere !
      By the way I wanted Enda Kenny to be the greatest Taoiseach this Country has ever seen based on the words spoken at the last election , admittedly he is restricted but we the people gave him the largest majority in the State to do what had to be done , to do what he said he would in the safe knowledge that the people were behind him 100% ….I’m genuinely sorry to say that from where I’m sitting that has not and will not be done by this or any government that exists under the current system ! ………The Central bank now decides whether you are evicted or not …… Anglo, the most corrupt bank swept under the carpet , I could go on but hopefully you see my point !
      And by the way the key to sorting Ireland out is a strict adherence to the Irish Constitution …that is what gives the Taoiseach Power not legislation !

      Reply
    • Philip 15/03/13 #

      @Ignoreland

      Enda did not utter the words that he accepted the findings of the moriarty tribunal, you should actually read what he said

      This from micheal marting after enda spoke

      Deputy Micheál Martin: I welcome the publication of the final report of the Tribunal of Inquiry into Payments to Politicians and Related Matters. I accept fully the conclusions of the Moriarty tribunal, and I note that sentence is missing from the Taoiseach’s address. The Taoiseach needs to clarify prior to the conclusion of this debate that he accepts the conclusions and findings of the Moriarty report

      Reply
    • So you’re trying to argue that he rejects the findings or the Moriarity Tribunal? Or that he doesn’t accept them because he hasn’t expressly said that he does in the extremely narrow and formalistic way that you’ve defined ‘accepting’ to be? So basically you’re going to completely ignore everything else that he said and the substantive content of what he said? Are you serious? Are you that pedantic??

      Reply
  • People have killed themselves as a result of people like these people in power. They are always believed and the vulnerable suffer and the families suffer as a result of these type of people’s lies and corruption. Politicians are puppets for rich people and a lot of Irish politicians have prostituted themselves to rich people for power and control. Lowery is a typical example of how Irish politics works. Look at Haughey and a few more and the rich people behind them that benefitted. The people who suffered are no longer with us.

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  • Lowry is corrupt.

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  • He just admitted tax fraud. With interest and penalties should come to a nice little bill. Direct Revenue investigation. Banrupcy + Jail time + booted out of the Dail= long deserved justice

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  • Anything less than jail time for this crook will show this country once again to be a corrupt cesspit.He has to be charged and brought to account.The smarmy bxxstxxd. Come on Enda say say something about your former party fundraiser.

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  • Kinger 15/03/13 #

    He should see jail time, others would for less!

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  • Enda’s humming the tune … Don’t rock the boat, don’t rock the boat baby…

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  • Lowry should be slammed up after an almighty bill. RTÉ – is there something wrong with this news-worthy item? RTÉ, is there something wrong with the management???

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  • To think that the in UK watching a soft porn movie in a hotel is a resigning matter for elected officials !!

    Reply
  • lets have the full truth warts and all. Long time coming why is another question

    Reply
    • Lowery made reference to K Phelan’s family to a Senator,Phelan became aware of this and released the tape.Check out VB on the 3 player,tape is shocking.

      Reply
    • Ryan'O 15/03/13 #

      Truth warts n all would put the majority of the FG party in the same standing as lowery, greedy, corrupt, stroke pulling, brown envelope taking fcukers!!

      FG the same corrupt party as FF.

      Reply
    • Ryan- and every time you repeat that lie…the FF spiel “sure they’re all the same”…you sow the seeds of the next FF Government.

      Reply
    • Ryan'O 15/03/13 #

      How’d you work that one out kev? I’m putting both corrupt parties into the same pot. Same game different name, here’s hoping sensible people can see that and vote out FG just as quick as they voted FF out.

      Reply
    • Ryan- do I really need to trot out the dozen senior FF politicians caught out over the last number of years? Not county councillors- ministers, senators, TD’s and Taoiseach’s, no less? On doing so, you’ll trot out the dozen comparable FG politicians who were similarly tainted, thus proving that “they’re all the same”? No? Of course not. Because they’re not. And you can’t back up what you’re spouting. As usual.

      Reply
    • Ryan'O 15/03/13 #

      Is boon not a member if the bilderberg grouping? Did he not attend said group on public funds and what was said at said meeting?
      I don’t need to back anything up FG are the sane as FF…..warts n all and in years to come we will see the true extent if their own backhanders (primary care centre anyone, nursing home conflict of interest anyone)

      Save your breath you won’t convince me that FG are any different.

      Reply
    • Ryan'O 15/03/13 #

      Hahahaa *boon=Noonan*

      Though the typo might be right this time.

      Reply
    • Thought so, Ryan. Embarrassed for you.

      Reply
    • Ryan'O 15/03/13 #

      You must confuse me with some one who gives a sh1t what you think.

      Reply
  • Smiley 15/03/13 #

    No doubt he’ll get the usual slap over the wrist with a wet bus ticket. No wonder there are so many Irish jokes (and t-shirts).

    Reply
  • Jim Ky 15/03/13 #

    Fianna Fail found no fault with trhis just man–t-hey did secret deals with him over a number of years to keep themselves in power while they destroyed the country–remember their slogan–a lot done more to do–and they certainly did for us rightly.Michael Martin and Willy ODea were members of those FF Governments.Lowry has been censured by the Dail ,he is under investigation by the Standards in Public Office Commission and apparently is now under investigation by the Gardai.The Moriarty Tribunal did not believe his evidence given under oath. Where do we go from here/

    Reply
    • Where do we go from here you say? Nowhere, that’s where. This is IReland INc. He is part of the establishment and him and his ilk are untouchable. All these conversations are complete wastes of time.

      Reply
  • Stephen 15/03/13 #

    If this man ever gets even 1 more vote, North Tipp should be napalmed! Surely this will now convince them of his agenda!

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  • Are we due to make some sort of payment? Nothing will come of it.

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  • Lets face it lads, they are all bloody corrupt…end of!

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  • This story by Elaine Byrne and Gene Kerrigan – and every credit is due to them – first appeared in the Sunday Independent on 24 February last. And the Gardai are only investigating it now. What is the law here? Can the Gardai begin an investigation if they feel a crime may have been committed?

    Reply
    • The Director of Public Prosecutions has had the tape since then ! ……………The D.P.P. is now going to come under the spotlight ! …and rightly so ! ….one of the most powerful anti-corruption devices in the State …………..
      Well done Sunday Independent and here and Vincent Browne …… This is, I feel, is the Annie Murphy moment for the corruption in this State ……expect alot of your heroes to fall folks !

      Reply
    • Capital “H” for here ..in the interests of fairness !…apologies Mr. Journal !

      Reply
  • The real issue with this is not so much the wrong that he has done and whether he gets away with it as others have done in the past but why do ordinary people go out in their droves and vote for him. That doesn’t just apply to Lowry, think of Bertie Ahern, Liam Lawlor, Ray Burke, CJ Haughey, Michael Keating, John Ellis, Dessie Ellis, Ferris etc. The list is endless. These are all people across different parties who have been known or at least at the time of their election been strongly suspected to have engaged in illegal/corrupt practices but still managed to get elected to the Dail. I know that in the case of the two SF members that they served prison sentences and so might be said to have paid their debt to society but I include them to show that spending years trying to overthrow/destabilise the state is no barrier to election.

    I have no doubt that if Luke Flanagan, Mick Wallace and Michael Lowry stood before the people today, knowing what we know they would still attract numerous votes. That is not to say that these people or indeed anyone mentioned above should not be entitled to run or even elected, But surely this must tell us something about ourselves. The people that we elect to represent us reflect on who we are and what our values are. In the period following the revelation of the scandals of the Catholic Church the number of mass goers declined dramaticly but yet the number of first perference votes that some of these characters got after their failings were revealed remained stable.

    Why do we vote with our feet in regard to one type of scandal but in others we shrug our shoulders and accept that we cannot change anything. Looking back at that list of names it seems that “cute hoorism” is high on amongst the attributes that we believe a politician needs. There are good honest, sincere people in every political party in this country but just like the electorate they need to stand up to what is right and wrong both within and without of their parties. Too many times people seem to follow political parties like they would a football team. The belief that all FG or any other party is all good and SF or whoever are all bad or vice versa prevails. This is reflected in so many comments that one sees on social media.

    Our independence was won without any definite political aims other than a form of nationalism and a desire for freedom. The simple, honest and laudable values of the 1916 proclaimation were forgotten in the drive for self determination. That created a vacuum in Irish politics that has persisted to to the present day. It is high time that we instigated a debate about what moral values we want our society to reflect and what type of society that we want to have. The current economic position has stifled that debate as we all try to protect our living standards but maybe as we rebuild our economy this the best time to do that. Maybe a proper full rewriting of our constitution by all parties is what is needed to create a better society for our children?

    Reply
    • No! …and please don’t be insulted the constitution is fine as it is …it just requires an article that hands the people a mechanism to remove a corrupt politiician/government from office…………Every single problem with Ireland can be fixed with our constitution having this addition! ……….. and the right judges, politicians and civil servants ! ……..

      Reply
  • Don’t expect much will happen. The prosecution service will worry about all sorts of issues related to this, such as how to prove the tape is not fabricated in some ways, eg is it the full conversation?

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  • When will he be arrested and charged already? Once he is convicted he won’t be eligible to sit in the Dáil any longer and the people of Tipperary North will not longer be able to hold the rest of us hostage by voting this corrupt disgrace in. As a Fine Gael member I am glad we expelled him from the party, sadly, Tipperary North keeps voting him in.

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  • Gez 15/03/13 #

    Is this really such a big revelation? Tribunals, etc, have shown that this behaviour has been rife for years. Nothing will happen and Lowry (or a family member) will be elected again.

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    • I believe CAB is now involved,they have “teeth” unlike the tribunel.

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    • You and people like you are the core root of the problem, not politicians. It’s that attitude from the electorate that breeds the corruption we see today.

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    • Ryan'O 15/03/13 #

      Well said Jason.

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    • Gez 15/03/13 #

      You need to justify you’re statement, as I believe you failed to do this. What exactly is your point.

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    • Gaz, I genuinely thought it was so self explanatory that anyone could understand it. But if you really want me to spell it out I will.

      If we look to the Netherlands, a sitting member of parliament caused national outrage when he was found out to have over-claimed on his allowed expenses. How much did it take to have the Dutch up in arms? One thousand euro. The electorate don’t tolerate corruption to any extent over here and, as a result, Dutch politics is quite clean of corruption. Ireland on the other hand has a low corruption level because it has been legalised and the Irish electorate (using your very logic) accept it. So who is worse? The person who takes the system for everything he or she is “entitled” to or people like you who allow them to take everything they can because “they’re all doing it”? In my opinion the people who facilitate it using your logic are worse than those who do it.

      Reply
    • Gez 16/03/13 #

      I sincerely hope that anyone who is found to be corrupt is treated accordingly. I just have little faith that this happens in Ireland.

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  • Is that kind of language acceptable from a sitting TD?

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  • I was shocked to hear Michael Lowry is involved in a non declaration… I always thought he was such a stand up guy……..not!!!!!!! North tipp backward voting the likes of him in …cop on

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  • We vote for these because we would do the same things. Look at Haughey, Lowery etc. people in power do what they like – they have affairs and cheat on everybody even their kids, they break all the rules like the above mentioned – no planning permission needed for their homes or extensions. They just do it and pay somebody later apply for it retrospectively. I bet he arranges to get arrested and then gets off on a technicality as arranged by his advisors – then he will sue for wrongfully arrest. A users will always plan to avoid the consequences especially politicians. They deliberately don’t fund the fraud squad or the police as they know the longer the delay the better for themselves. If ordinary people had free reign to do what they like they would. 90% of them would linen their pockets. It’s up to the people to protest about the corruption.

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  • Would they ever shut up or put up about Michael Lowry , I am pi–ed off about this whole saga .

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  • Nothing will happen. Lowry just keeps the head down, declines to confirm or to deny, CAB and the DPP scratch their respective heads, Denis O’Brien strengthens his grip on the media and then, ” okay folks, move on out of here, nothing to see. ”

    We obsess about Ming’s conduct but we avoid the elephant of corruption.

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  • Wow! Good job we have Sinn Fein looking out for financial fishy-ness for us. ://sluggerotoole.com/2013/03/12/dublin-high-court-grants-cab-e600000-judgement-against-convicted-provisional-ira-man/

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  • Sinn Fein are awfully quiet these days. The Ming story couldn’t have come at a better time. I wonder who Connor Salt works for?

    Maybe Sinn Fein are concerned with police in Italy catching up on a massive money laundering operation.

    Nicola Gratteri, an anti-mafia prosecutor, has accused a former IRA commander of being “delegated by the IRA to recycle the proceeds of terrorist activities and to reinvest the financial resources of the movement”.

    Reply

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