LEGAL FEES:INDEPENDENT TD Michael Lowry said he could no longer afford to pay for legal and professional assistance in his dealings with the tribunal.
The former minister for communications said he had made some interim payments to his legal representatives over the years, but had sympathy with their not continuing to represent him. Lawyers representing parties before a tribunal are paid after the tribunal has reported. The Moriarty tribunal was established in 1997.
Mr Lowry said he had written to the tribunal chairman Mr Justice Moriarty seeking an interim payment so he could make payments to his representatives, but had not been successful. “I end up here, defenceless,” he said.
The Tipperary North TD said he had counted 34 lawyers in the room but none of them was there to represent him, despite his being someone whose reputation and interests were foremost in the process. “It is fair to say I am suffering from an inequality of arms.”
When he had walked into the hall, he had seen “that the great Michael McDowell” had joined the tribunal’s legal team.
He said it was four years after costs were awarded by the McCracken tribunal before they were paid out. The Moriarty tribunal could last 13 years and, if you added another four, then you had 17 or 18 years before funds were paid out.
The position he was in was “unfair, unreasonable and unjust”.
He was “angry and disillusioned” that this could be visited on him in the name of justice. “Mr chairman, over the past 13 years, we have grown old together here in Dublin Castle. I am tired and weary.”
He queried whether the engagement of Mr McDowell had not raised the issue of conflict of interest. Jacqueline O’Brien SC, for the tribunal, said the chairman had the “greatest sympathy” for Mr Lowry, but he was constrained by the law.