Michael Lowry (Tipperary North, Independent)

This sworn statement speaks for itself. I had never met nor spoken to Professor Andersen before meeting him at Dublin Castle when he came to give evidence last November. Following this evidence, on top of the previous evidence relating to the Office of the Attorney General, it was absolutely expected that the Moriarty tribunal simply had no choice but to begrudgingly accept that there was absolutely no interference or wrongdoing in the process. I had understood this view to be generally accepted by everyone involved with the tribunal, including media personnel who closely followed events, but this is not what happened. Instead - and this is the important point - the tribunal went back to the drawing board. It rewired or re-engineered a completely new theory. It refused to inform me or any other party to the tribunal of this new theory. The first we learned of it was last Tuesday. What emerged is that the tribunal was going to damn the licence come hell or high water. The original theory fell apart - so what? It went back to the drawing board and just came up with a new theory.

It seems to me that confirming the licence process was free of interference became the real "appalling vista" for the Moriarty tribunal. I firmly believe the Moriarty tribunal simply could not stomach facing the Irish public after spending €45 million on its own lawyers and confirm that it could not bring home the prosecution of the licence process. The new theory that has been presented in its final report finds no basis in evidence or fact.

I will not put a tooth in it; the tribunal's opinions on the licence process are a simple combination of malicious falsehoods crudely stitched together and unleashed at a time and in a manner designed to cause the maximum impact. The tribunal seemed to believe it was more important to try to protect its own reputation than it was to deliver a report based on evidence heard clearing the licence process. The tribunal was determined that it would not be seen as an expensive failure. To justify the time and expense, the tribunal felt compelled to bring home the goods. In the publication of these opinions Mr. Moriarty has done a gross disservice. I will not apologise to anyone for saying this. He did not deliver his report as a High Court Judge and I am not obliged to treat the report as the outcome of a court process. The report has no legal standing and I will not respect it as though it has. In the fullness of time, the flawed logic and prejudiced reasoning permeating this biased report will be laid bare.

I already mentioned the civil servants who gave evidence. Evidence was heard from 17 senior civil servants, five Ministers, two senior officials from the Office of the Attorney General, Mr. Richard Nesbitt, senior counsel to the Irish State, and Professor Andersen. Everyone involved in the process gave true and accurate evidence under oath that there was no involvement or improper behaviour by me or any officials in relation to the process.

I am conscious, and this is why I looked for time and I appreciate the co-operation I received from the Government, that I have much more to say and I ask for the indulgence of the Acting Chair. I cannot say what I need to say in the 15 minutes that remain available to me but I will do my best.

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