Independent Tipperary TD Michael Lowry has lost his legal challenge against the Moriarty tribunal’s decision not to award him full costs for his participation.
In his challenge in the High Court Mr Lowry had claimed the decision was ‘discriminatory’, ‘disproportionate’ and ‘unfair’.
In a statement issued a short time ago, following the findings against him, Mr Lowry stated; “Naturally I am disappointed at the judgement given today in the High Court. 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.
As I have already stated, I have never accepted the findings issued by the Moriarty Tribunal, as they were not grounded on any evidence or facts presented throughout the length of its sittings.
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. In fact the Tribunal itself in its very submissions in this case accepted that no such findings were made or could have been made. This is an issue which will be subject to a vigorous challenge in the appellate court.
Despite the disappointment of today’s ruling, my legal team are confident that the Court of Appeal will acknowledge and recognise that I co-operated with the Moriarty Tribunal over the many years it ran: that it is unfair and unconstitutional to deprive any person who has been subject to this process of the right to have their legal costs discharged where they have been incurred in dealing with inquiries: that it is discriminatory to grant full costs on the one hand to those who have obstructed and deceived the Tribunal and yet limit costs to someone who gave it full and unlimited access to their lives.”