Businessman Denis O'Brien to face no charges relating to Moriarty Tribunal

Businessman Denis O’Brien said he welcomed the decision by the DPP, while criticising the tribunal process, saying it did not “serve the purpose for which they were intended”. Picture: Niall Carson/PA Wire

Businessman Denis O’Brien has said the Director of Public Prosecutions (DPP) will not bring criminal charges against him arising from the findings of the Moriarty Tribunal.

In a statement, Mr O’Brien said he welcomed the decision by the DPP, while criticising the tribunal process, saying it did not “serve the purpose for which they were intended”.

“The fact-finding mission underpinning tribunals was discarded and what emerged were “opinions”; not facts. Theories; not evidence.

“I believe that the Moriarty Tribunal’s report was a clear manifestation of these fundamental structural shortcomings," he said.

The tribunal was established in 1997 to examine payments made to former taoiseach Charles Haughey and Mr Lowry, now an Independent TD for Tipperary North and former Fine Gael cabinet minister.

The tribunal found that Mr Lowry had an “insidious and pervasive” influence into the awarding of the State’s second mobile phone licence to Esat Digiphone, a company owned by Denis O’Brien.

The report, published in 2011, also found it was “beyond doubt” that Mr Lowry provided information to Mr O’Brien, which assisted him in obtaining the licence.

There were also findings that Mr O’Brien made payments totalling £447,000 to Mr Lowry, alongside supporting a loan of £420,000. Mr O'Brien has denied he ever made a payment to Mr Lowry.

Mr O’Brien said while tribunals of inquiry had been well intentioned, they were “desperately flawed” and “desperately unfair”.

“I would acknowledge that the task bestowed on Mr Justice Michael Moriarty was a difficult one. However, my own experience of the tribunal process involved a great many scarcely credible elements,” Mr O’Brien said.

“It is clearly noteworthy that following a lengthy investigation by the competent legal authorities applying the correct due process and appropriate legal standards, a decision has been taken not to pursue any prosecution.

“I am pleased to put this chapter behind me. This welcome decision of the DPP supports my position throughout that the evidence to support such claims of criminal wrongdoing never existed.” 

Mr O’Brien said he was informed of the DPP’s decision in recent days, while saying he was grateful to gardaí for carrying out a “thorough and diligent investigation”.

“I am also very appreciative of the detailed consideration given to this matter by the DPP, which has ultimately led to this decision,” he said.

It comes after Independent TD Michael Lowry confirmed on Monday evening that there would be no charges brought against him either.