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Dublin: 13 °C Wednesday 19 June, 2013

Martin wants Moriarty reopened, Taoiseach says Tribunal’s work is finished

The Fianna Fáil leader wants a specific module of the tribunal reopened in light of new allegations concerning a previously undisclosed payment made by independent TD Michael Lowry to the land agent Kevin Phelan.

Michael Lowry
Michael Lowry
Image: Sam Boal/Photocall Ireland

FIANNA FÁIL LEADER Micheál Martin plans to call on Taoiseach Enda Kenny to reopen a module of Moriarty Tribunal for a three month period to allow it to examine new allegations concerning the Tipperary TD Michael Lowry.

Martin has said that information contained in a recording of a conversation between the former Fine Gael minister and property agent Kevin Phelan over details of a €250,000 payment “raises some very serious questions”.

“Primary among them is whether a central module of the Moriarty Tribunal was compromised by an effort to co-ordinate the evidence of key witnesses,” Martin said in a statement first printed in the Sunday Independent and provided to TheJournal.ie today.

The Taoiseach has already ruled out reopening the Tribunal and speaking in New York today he said that Justice Moriarty had reported “fully and finally” according to Newstalk.

The conversation between Lowry and Phelan is said to have taken place on 20 September 2004 and concerns a €250,000 payment to Phelan which Lowry pleaded with Phelan not to reveal as the independent TD had “never declared it”.

In a statement released following first publication of a transcript of the conversation in the Sunday Independent three weeks ago, Lowry insisted that the payment was “properly recorded and accounted for” through one of his companies.

He has since refused to confirm the authenticity of the tape recording and claimed he has been unable to obtain a copy of the tape from the Sunday Independent, which broke the story.

This contradicts claims from the paper which details attempts to get a copy of the conversation to Lowry in today’s edition.

‘Proximity’

Martin said that TV3 had been “inexplicably alone among Irish broadcasters” in broadcasting the audio recording of the conversation last Thursday night and said that the case for re-examining evidence presented to the Moriarty Tribunal had been emboldened.

In 2011, the Tribunal found that Lowry exerted an “insidious and pervasive influence” on the process of awarding a mobile telephone license to the Denis O’Brien’s company Esat Digifone.

However it made limited findings on matters concerning the sale of Doncaster Rovers Football Club, which involved Phelan, due to “suppression” of evidence. Both Lowry and O’Brien have rejected the findings of the Tribunal.

Martin said of the recording played on TV3: “The nuances which emerge, absent from the written transcript, add to the fear that the Tribunal’s work may have been compromised.”

The Fianna Fáil leader said that the reluctance of the Taoiseach to investigate the new allegations surrounding Lowry was “understandable” given “the proximity” he and other ministers have to the events which led to the Tribunal.

But he said that Labour’s silence is a “a stark reminder of that party’s weakness”.

He continued: “No political party in this country can point to an unblemished past, but those of us who want to build a better quality of politics for the future have a duty to speak out on this issue.

“Fine Gael and the Labour Party were elected with a record majority on a long list of promises. At the top of that list was a promise to change the way we practice politics.

“In that spirit, I will next week call on the Taoiseach to agree to have the specific module of the Moriarty Tribunal reopened for a period of three months to allow Judge Moriarty examine the new material that has emerged since he reported two years ago.

“If Fine Gael meant a word of what it said about the need for change, and if the Labour Party has a shred of integrity left, I expect unanimous support for this call.”

Read: Gardaí examining Lowry tape as conversation is aired on national TV

More: Taoiseach ‘has no intention’ of re-opening Moriarty Tribunal

Lowry: Payment in taped conversation was tax compliant

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Comments (85 Comments)

  • dont bother re opening tribunal. just do what they shouldve done in the first place; hand it over to the gardai and CAB and let the chips fall where they may

    Reply
  • Exactly what have the Guards being doing for the last 5, 10, 20 or even 40 years? Everyone knows that there are corrupt politicians and bankers in this country. It’s always been the case.

    No evidence? Go on a fishing expedition, arrest one or two knowingly crooked politicians and see what info you’ll get. This is what’s done with criminals, is there a reason why it’s not done with politicians? I think that we all know the answer to that one.

    Reply
  • Another 3 month gravy train for FFS trubunal, no thanks, hand the files to the Garda & DPP.

    Reply
  • Amazing to see Meehaul Martin’s develop this new found conscience when it comes to tribunals, given his comments and his cabinet colleagues’ past comments on the Mahon tribunal.

    From Judge Mahon’s final report:

    “In 2007/2008 at a time when this Tribunal was inquiring into matters relating to Bertie Ahern… it came under sustained and virulent attack from a number of senior Government ministers who questioned the legality of its inquiries as well as the integrity of its members,” the report said.

    “It was entirely inappropriate for members of the Government to launch such unseemly and partisan attacks against a Tribunal of Inquiry… to inquire into serious concerns regarding corruption in public life.”

    “There appears little doubt that the objective of these extraordinary and unprecedented attacks on the Tribunal was to undermine the efficient conduct of the Tribunal’s inquiries, erode its independence and collapse its inquiry into that individual.”

    Reply
    • Sing it, Joe…

      Reply
    • Was there a spelling mistake there?

      Surely it’s me hole ?

      Damn autocorrect

      Reply
    • Yep Joe……you have in one! They are all rotten to the core……even most of the independents. Christ this country sickens my stomach. Imagine if we ran it through meritocracy…..most of these clowns wouldn’t have a chance! This country, its institutions, and most in power are as dysfunctional as f##k. And now watchin the news and our brilliant number 1 in America says that Ireland will help victims of the hurricane? You absolute wan$#r! Charity begins at home. So angry! Going on to fu#kin long!

      Reply
    • Parry – don’t we already operate one? Qualified teachers running the show, with university degrees sought after. And not just in the Dáil. Actual common sense , performance, and ability seem to matter little these days.

      Reply
  • Elrat 17/03/13 #

    Just sent in CAB and hit this pr&ck where it hurts – in his pocket!

    Reply
  • I wonder will michael be looking to get willie o deas case for perjury opened?

    Reply
  • Jasas he never misses a moment to gain and capture the popular points at its finest

    Reply
  • He won’t reopen it coz he was doin the same himself

    Reply
  • Cathal 17/03/13 #

    I have to admit, i love logging in and watching commenters between FF/FFG/Labour all battle it out, to work out which of them is the most corrupt… keep it up lads, you make the Irish proud on this St Patricks day. Turds .. the lot of you!!

    Reply
  • Just more cheap politics from FF, if he was so concerned he would have reacted 3 weeks ago when the Sunday Independent published the story. Why wait to react until the story appeared on TV3? If he is really sincere he should put pressure on the police/judicial system to investigate and bring to court, Lowry, if any crime has been committed.

    Reply
  • While we are wasting taxpayers money investigating a known shyster why not go the whole hog and re-investigate ahern and open one up on cowen…
    P*ss off martin and have the decency to crawl under a rock where you and the rest of your shower belong.

    Reply
  • Micheal- what about your Fianna Fáil cabinets proximity to Michael Lowry when ye let him order off the menu for his own constituency ( ensuring his reelection) to prop up the last catastrophic Fianna Fáil Government? Ant comments to make on that?

    Reply
    • Ryan'O 17/03/13 #

      Do ants make comments?

      Reply
    • @ryan- I see you’ve changed your diatribe on your Twitter page about how you hate Ireland & want to leave the country to a diatribe against FG. That’s very unfair. I offered to pay for you to leave the country. That would have been better for all concerned. Nice to know I got to you, though.

      Reply
    • Ryan'O 17/03/13 #

      Well Kevin or should I say Vincent, thank you, first of all, for noting my twitter bio via the journal, I have gained many followers since you happened to mention it twice under different alter egos. So thank you. Every follower adds to the non popularity of your party.

      Secondly I use that gained popularity in addressing the fundamental issues which your betrayal of a party continue to adhere to (at the cost of the Irish citizen I might add)…

      And ass your old pal Enda said today on radio in respect of the abysmal confidence in which this country holds towards Fine Gael and the pleasingly fantastic news that 2/3rds of the electorate are unhappy and dissatisfied with your fine gael party now, it’s not a popularity contest.

      2/3rds :D of the electorate…

      Tick tock Vincent, we will have an election sooooooon…..

      Reply
    • @ryan- I notice you were quick enough to change your bio. As always- you don’t like being caught out & lack the courage of your convictions. As for your delight at the polls- it would be better directed at the Labour Party I would have thought. Though your glee at the rise of FF says it all, really. There’s not a Government Party in the Western World that doesn’t suffer mid-way through their term. We’ll see if you’re so smug in 2016. You know. If you haven’t got your wish and left the country? Remember that’s what was on your profile before you changed it?

      Reply
    • shaw you are one nasty individual.

      Reply
    • Ryan'O 18/03/13 #

      Blah blah blah bleet bleet bleet….blame someone else…..the usual tripe Vincent/Kevin.

      Reply
    • @ryan- you’re not gone, yet? Surely there are plenty of cheap flights out of the country after Paddy’s weekend? Your dream of being away from Ireland could be realised for .99cent? The offer to pay for the taxi still stands.

      Reply
  • Am sure Enda refusing to re-open investigation has nothing to do with Lowry being a former Fine Gael Minister & a Fine Gael fundraiser back in the day…(!)

    Reply
    • @Paul Anthony- Fianna Fáil was the last party to get into bed with Michael Lowry. Remember that? Remember how Micheal Martins cabinet told him he could have whatever he wanted for his constituency as long as he kept them in power? Remember how that politicking endured Lowry got reelected at the last GE. What do you have to say about that?

      Reply
    • @paulanthony- thought not!

      Reply
    • Lowry was IN CABINET with most of the current Blueshirt/Labour shower when he was up to his corrupt practices. The fact they share cabinet responsibility for any decisions he made at the time is more likely the reason for Kenny being petrified to reopen the Tribunal. FF relied on his support alright, though that says more about the voters who reelected him. He did not form a part of their cabinet. And don’t tell me the blueshirts wouldn’t have been down on their knees begging his support if they had needed it to form a government.

      Reply
    • Richard- the fact remained FG threw him out when his corruption was exposed. AFTER that FF welcomed him into the fold and bought him reelection. Using taxpayers money. Party before country- that’s shameless FF for you. And the brass neck now to throw stones…

      Reply
  • So a FG Taoiseach doesn’t want to reopen an inquiry into a former FG minister. Come the next election I really hope there is a real alternative to the current FF/FG/Labour axis of evil. Transparency and a new way of doing things me arse.

    Reply
  • Jesus, there not even in government and there already trying to cost us more money!

    Reply
  • Micheal’s mates in the legal profession must need some more cash…

    Reply
  • Pablo 17/03/13 #

    Should be a criminal trial opened

    Reply
  • All outbound flights are suspended, all sea ports are closed, main roads North are also closed including all rail and bus journeys. A international warrant for Mr Kenny has been issued, the country is now on military lock down for the next several weeks, until new elections can be arranged. Any business caught price gouging will be closed and the owners arrested. People have been asked to go about their normal business. Any upsurge in criminal activity will result in immediate arrest, which includes drug selling, the police have the right to stop and search. All foreign bank accounts are frozen. All those on bail will have their bail conditions reviewed by local Military courts within the next two weeks. If there is any upsurge in anti-social behaviour a local nightly curfew will be imposed,, anyone not cleared to be out after the curfew will be arrested, anyone trying to evade the curfew after warning is libel to be shot if seen as a danger to the public or local forces. People are request to keep their radios and TVs on today for more updates. A national statement will be made tonight at 19:00hrs.

    Reply
    • The British foreign office has called the the Irish ambassador to a meeting in London later on this evening, meanwhile there are calls from the EC for the opening of talks with the present Irish Authorities to try avert a European crises, a emergency meeting is called for tomorrow in Brussels.In cities around the country the news of the lock down was greeted with mixed emotions, people are unsure what is happening, but are generally going about their daily business. The Department once again requests people to pay attention to their local news media for updates.

      Reply
  • This matter is too serious to be dealt with as a tweedle dee and tweedle dum party political issue. It is glaringly obvious that politicians in positions of important decision making have been accepting substantial personal payments from businessmen for many years. The covert and convoluted manner of the payments shos that they are not innocent.

    From a criminal perspective, and bearing in mind how the payments were effected, there is no point in prosecuting Lowry. The tapes are not legally admissible evidence.

    The Moriarty Tribunal is too cumbersome and expensive. In any event, it he tapes merely reinforce what the tribunal has already concluded and this has done Lowry no harm.

    There is only one step that can be taken. The Sole Member if the Tribunal has the discretion to refuse to award Lowry his legal costs. He has to be extremely careful how he does so but he can do so. That will have a massive impact in the only area that Lowry is concerned with, which is his pocket.

    Of course, we should also be harshly critical of those who make the “donations”. But because they are so powerful, they are immune. They are able to break the law with impunity and they will never be answerable.

    A social welfare fraudster will be quickly prosecuted and will receive a jail sentence in most cases. Paying large sums of money to Ministers in Ireland so as to get the right decision and to buy decisions is immune from legal consequence.

    Reply
  • What’s up with Jim kavanagh- kinda end of the world stuff-but sur maybe he’s right- sur the end of the world hurt stuff what did ever do to us

    Reply
  • Surely mr Martin is only thinking of his
    Friends at the Bar

    Reply
  • “I’ll see you in the bar ! ”
    No, I’ll see you in the bar !”

    Reply
  • Fair play Micheal Martin needs to be done, i wonder if the shoe was on other foot and Lowry was a member of FF would you all be shouting not to re open the tribunal!! But we all know Lowry can bring down a few senior FG ministers with him if it is re opened he knows where the bodies are buried.

    Reply
    • Michael Lowry is a de facto member of Fianna Fáil. He was a much courted coalition partner of the last Fianna Fáil Government, of which Micheal Martin and he was much rewarded by Fianna Fáil for his loyalty.

      Reply
    • @Shaw…. This man was a senior FG minister for years and was held in high regard for his work on bringing FG back from almost bankruptcy.. Just because he is independent now dont try to distance him from his FG hermitage….

      Reply
    • @kevin- I don’t dispute that in any way. He was however thrown out of the FG party and SUBSEQUENTLY got courted by FF when the dog in the street knew he was dirty. 100% accept his associations with FG. But I won’t listen to the party that has kept him in power throwing mud.

      Reply
  • Does the following mean something! Goodman,Lowery,Quinn, and our friend just released or may not have been release from kidnap, who next O’Leary? how many more are left from the golden circle? and by the by the farming community have been quite, who is looking after this sector of the community.

    Reply
  • What is Enda Kenny Afraid of.???

    Reply
    • Enda is afraid of wasting more money on the perp-protecting circus that is a tribunal when instead CAB, Revenue and the Gardai are better placed to inflict justice.

      Reply
    • CAB, Revenue and Garda Siochana don’t have the evidence to do anything. There will be no prosecutions or seizures of wealth or assets.

      Lowry is a dangerous embarrassment to Fine Gael. Lowry knows the full story on FG’s political fund raising methods. FG does not want Lowry pursued.

      The voters will vote back in Lowry and the only prospect is that Lowry may be refused his legal costs by the Tribunal but I am not even hopeful as that.

      Be under no illusion. Money talks in Irish politics. All Governments, irrespective of composition, will be influenced by powerful business, the bankers and other circles of power and influence. It’s how Irish democracy works. The general good and welfare of the people is a secondary consideration.

      Reply
    • @Peter this is it exactly I totally agree with you …

      Reply
    • @Arbitrasure afraid of spending money what a laugh ………..

      Reply
  • Can you blame his constituents? Fianna Fáil made him one of the most powerful TD’s in the country during the last disastrous Government. By voting for Lowry, Tipp got whatever it wanted. All to feed FF’s party over country obsession.

    Reply
  • Have the Shinners taken over, is that why all these good things are happening

    Reply
  • Department of State
    Up to 150 premises have been raided within the last hour. Over 320 people have been arrested, spokesperson stated the planned raids were conducted by the police backed up by the defences forces, up to 25 tons of assorted drugs were sized with a street value of over €100 million euro, also sized was a very large weapons catch.
    In one raid a stand-off took place for up to 30 minutes after a local drugs baron locked himself and others into is private house, the stand-off finished when members of the defence forces stormed the building, arrested up to 10 known local criminals, the local drugs baron sustain a light wound, all were transferred to the military prison in the curragh. A full update on these recent raids will be made later on this evening.

    Reply

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