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TD Michael Lowry Wins Appeal Against Moriarty Tribunal Decision

Independent TD Mr Michael Lowry has won his appeal in relation to the decision of the Moriarty Tribunal to award him only of his legal costs, following his participation in same tribunal.

Mr Lowry had appealed that decision claiming that he was treated differently from one of the other tribunal subjects, the late former Taoiseach Mr Charles J. Haughey, who had been awarded his full costs. The three-judge Court of Appeal have now returned the question of legal costs back to the tribunal for their reconsideration.

The High Court had dismissed Mr Lowry’s appeal in relation to the specific ruling made by the Moriarty Tribunal; claiming that he had engaged in “a litany of falsification and deception” thus failing to co-operate with the said tribunal.

Today’s appeal decision was delivered by the Court of Appeal’s President, Mr Justice Sean Ryan, whose colleagues, Ms Justice Finlay Geoghegan and Mr Justice John Edwards, were also fully in agreement.

Mr Lowry had correctly argued that there had been a disproportionate reduction in the amount of costs he had been awarded. He had further argued that his non-cooperation findings demonstrated a breach of fair procedures, failing to provide adequate material to substantiate the conclusions made by the tribunal.

Mr Justice Sean Ryan therefore allowed Mr Lowry’s appeal in relation to the decision that he should only get of his legal costs and Mr Lowry is therefore now entitled to an order quashing the tribunal’s initial costs decision of October 31st, 2013.


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