Michael Lowry fights costs decision by Moriarty Tribunal

Former communications minister Michael Lowry is challenging a decision by the Moriarty Tribunal to only award him one third of what it cost him to be legally represented during the inquiry’s 14-year tenure.

He claims that he was treated unfairly and was discriminated against compared to the other subject of the tribunal, the late former taoiseach Charles Haughey, who was awarded 100% of his costs.

The Independent Tipperary North TD says his overall bill will run into millions because he had to engage with the tribunal on an almost continuous basis over its 14 years.

The claims came on the opening of Mr Lowry’s High Court legal challenge over the October 2013 decision of the tribunal to only award him one-third of his legal costs after it found he failed to fully co-operate with it.

The tribunal is opposing the action.

Niamh Hyland, counsel for Mr Lowry, said Mr Lowry and Mr Haughey were the two subjects of the terms of the reference of the tribunal which was set up in 1997 to investigate whether payments were made to the two men while in public office and in circumstances which gave rise to inferences that the payments were in connection with office.

In its findings, the tribunal held that, in the course of his office, Mr Lowry conferred benefit on businessman Denis O’Brien, who had made or facilitated payments to the then communications minister, but there was no finding that Mr O’Brien had benefited from those payments.

Mr Lowry rejects those findings, counsel said.

Mr Lowry was in court for the hearing, which continues before Mr Justice John Hedigan.