Cab officers still examining Moriarty report, say gardaí

THE GARDA has dismissed reports that a major investigation into the financial affairs of Independent TD Michael Lowry is under way.

Officers from the Criminal Assets Bureau (Cab) are reading and analysing the Moriarty tribunal report, but no investigation is taking place on foot of its contents, according to a senior Garda spokeswoman.

She said a “handful” of Cab officers were examining the report to ascertain whether it contained any criminal matters meriting formal investigation. When their assessment was complete, a report would be sent to Garda Commissioner Martin Callinan, who would decide if action was to be taken. The report was unlikely to be ready for at least a week.

RTÉ reported yesterday that 15 Cab officers were working on an investigation into Mr Lowry, following the tribunal’s findings that he received three payments from businessman Denis O’Brien.

Mr Lowry was minister for communications when the licence was awarded to Mr O’Brien’s consortium in 1995. The report claimed that more officers would be assigned to the investigation shortly and that Cab was also looking at the circumstances in which Mr Lowry availed of the 1993 tax amnesty but still had tax obligations some years later.

Last week, Taoiseach Enda Kenny sent copies of the report to Mr Callinan and the Director of Public Prosecutions. Mr Callinan then appointed Det Chief Supt Eugene Corcoran, chief bureau officer of Cab, to oversee the study of the report.

Mr Callinan said last week it was too early to say if a Garda investigation would take place on foot of the report. He said he would await the outcome of Det Chief Supt Corcoran’s examination before a decision would be taken whether a full investigation should begin. “We will be talking with the DPP who has a copy also, but as of now it would be premature to indicate that an investigation would take place,” he said.

Under the terms of tribunal legislation, gardaí are prohibited from using any of the evidence given to the tribunal as the basis of a criminal prosecution. They can, however, use the proceedings as a “road map” for an investigation.

Mr Lowry said he was under investigation for 14 years and any inquiry by the bureau would be just another investigation.

Speaking in the Dáil last night, Mr Lowry said the media had been very gleeful in anticipation that he might go to jail because he broke a tax amnesty. However, he said, every transaction he ever had was inquired into and investigated. To facilitate the investigations of the Revenue Commissioners, he had made a voluntary disclosure.

“Let me make it abundantly clear that the amnesty and my dealings with the Revenue were all open and all on the table and it was in the context of the amnesty that my full and final settlement was made with the Revenue in June 2007.”