Lowry changes status of refrigeration company to unlimited liability

Independent TD Michael Lowry no longer has to file publicly available financial accounts for his refrigeration business after changing its status with the Companies Registration Office (CRO).

Garuda Limited, trading as Streamline Enterprises, has changed its name to Garuda Unlimited Company. The forgoing of limited liability status means the shareholder can be burdened with a company's debt but also that the company is no longer obliged to file publicly available accounts.

Last week in the Dáil, the leader of Renua Ireland, Lucinda Creighton, when raising the findings of the Moriarty tribunal, claimed businessman Denis O'Brien's Topaz had awarded a contract for refrigeration maintenance to Mr Lowry's company that was "reported" to be worth more than €1 million a year.

When Ceann Comhairle Seán Barrett intervened to say Ms Creighton could not make allegations like that, she said they were not allegations but facts. However, Mr Barrett said he would not allow the TD to use a Private Member’s motion to “have a go or a pop at individuals who are not here to answer or until we know the full facts”.

The Garuda status change was filed with the CRO on October 23rd. When contacted, Mr Lowry said he did not want to comment on his personal business affairs. A spokesman for Mr O’Brien said the contract with Garuda was awarded before the businessman took control of Topaz.

Garuda, which is based in Thurles, Co Tipperary, has had a controversial past. It featured in the McCracken and Moriarty tribunals because it supplied services to Dunnes Stores at a time when its then head, Ben Dunne, was making payments to Mr Lowry. At the time Garuda worked solely for Dunnes Stores.

Much of the money paid was not declared to the Revenue Commissioners. The payments included paying for work on Mr Lowry’s home in Holycross, near Thurles. Mr Lowry and Garuda subsequently made a €1.4 million settlement with the Revenue.

More recently, the Revenue initiated a criminal case against Mr Lowry in relation to the alleged filing of improper returns relating to Garuda. However, after a hearing before the appeal commissioners led to a ruling that Mr Lowry’s tax affairs were in order, the TD said he was applying in the High Court to have the Revenue case abandoned. The current status of the case is unclear.

The latest filed accounts for Garuda show it had accumulated profits of €1.5 million at the end of 2014.

The latest accounts for another of Mr Lowry’s companies, Abbeygreen Consulting Ltd, show it received consultancy fees of €19,762 from Garuda during 2013, and owed €242,254 to another of his companies, Glebeland Farm.