BUSINESSMAN DENIS O’BRIEN has said the Director of Public Prosecutions (DPP) has decided not to pursue any prosecution against him over the findings of the Moriarty Tribunal – the payments to politicians inquiry.

In January 2025, a file was sent to the DPP relating to the findings of the tribunal, which were issued in 2011.

In a statement released today, O’Brien said: “I am pleased to put this chapter behind me.”

“I welcome the decision of the independent Office of the Director of Public Prosecutions directing that there are to be no criminal proceedings pursued in relation to the matters contained in the Moriarty Tribunal report.

“This decision on the part of the DPP was confirmed to me in recent days.”

“At the first instance, I am very grateful to the members of An Garda Siochana who conducted a thorough and diligent investigation into these matters. They acted with commendable diligence, courtesy and professionalism throughout. I am also very appreciative of the detailed consideration given to this matter by the DPP, which has ultimately led to this decision.”

Officially called the Tribunal of Inquiry into certain Payments to Politicians and Related Matters, the Moriarty Tribunal took 14 years to find that Independent TD Michael Lowry had an “insidious and pervasive” influence over the awarding of Ireland’s second mobile phone licence in the 1990s to O’Brien’s Esat Digifone company.

Yesterday Lowry said the DPP had also decided not to pursue any prosecution against him over the findings.

The 2011 Tribunal report found that it was “beyond doubt” that Lowry gave “substantive information” to O’Brien and that this data was “of significant value and assistance to him in securing the licence”.

It also found that O’Brien had made two secret payments to Lowry in 1996 and 1999 which amounted to £500,000 and supported a loan of £420,000 given to Lowry in 1999.

Denis O’Brien has always rejected the findings of the Moriarty Tribunal and claimed they were not findings of evidence, fact or law.

O’Brien was critical of tribunals generally and the Moriarty Tribunal in particular in today’s statement. 

“Ultimately, Tribunals of Inquiry did not serve the purpose for which they were intended,” his statement said. 

He said the “fact-finding mission underpinning Tribunals was discarded” and that what emerged in the findings were opinions and not facts.

“I believe that the Moriarty Tribunal’s report was a clear manifestation of these fundamental structural shortcomings,” he said.

“It is clearly noteworthy that following a lengthy investigation by the competent legal authorities applying the correct due process and appropriate legal standards, a decision has been taken not to pursue any prosecution.”

In response to a query about O’Brien’s statement, a spokesperson from the Office of the Director of Public Prosecutions said it does not comment on individual cases.