Lowry fails in High Court action against Moriarty Tribunal decision
Former Irish communications minister Michael Lowry has failed in his legal challenge to the Moriarty Tribunal’s decision to award him only one-third of his legal costs over the course of the inquiry’s 14-year period.
Mr Lowry’s lawyers had claimed the decision was discriminatory, disproportionate and unfair as the other subject of the inquiry, former Taoiseach Charles Haughey, received 100 per cent of his costs.
Mr Justice John Hedigan, sitting in the High Court, said the Tribunal was well within the bounds of reasonableness in making the decision.
He also said that Mr Haughey had not deliberately attempted to mislead the Tribunal whereas Mr Lowry had.
Mr Lowry’s application failed on all the grounds raised.
In a statement, Mr Lowry said: “Having had an opportunity to consider the full judgement with my legal team, they have advised me that I should appeal the decision on a number of substantive grounds and they are already preparing an appeal of this decision to the Court of Appeal.
“No matter what way the Court decided today, this case is one that was always going to be brought by either side to the highest level for final decision and determination.”
He added that the appeal would focus on Mr Justice Hedigan’s reference to the Tribunal finding against Mr Lowry on perjury and bribery of a potential witness to support Mr Lowry’s false evidence.
Mr Lowry said: “It is very concerning that the judgement today erroneously claims that the Tribunal had made a finding that I had been engaged in bribery and perjury.
“The Tribunal never made and could not have made any such finding and it is a matter of the gravest concern that such a damaging claim has been made.”