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GARDAÍ HAVE NOT begun a full investigation into the findings of the Moriarty Tribunal over four years after its findings were published, it has emerged.
Though gardaí carried out an initial examination of the report they are still waiting for guidance from the Director of Public Prosecutions as to whether a full garda investigation should be carried out.
This has been the same position that the government has been outlining in responses to Dáil questions about the tribunal since May 2012, according to an analysis by TheJournal.ie
In March 2011, the Moriarty Tribunal found that former Fine Gael minister Michael Lowry had an “insidious and pervasive” influence over the awarding of Ireland’s second mobile phone licence in the 1990s to Denis O’Brien’s Esat Digifone company.
Lowry has rejected the findings of the tribunal which investigated payments to politicians, while O’Brien has also rejected adverse findings made against him.
Despite several parliamentary questions from opposition politicians on the progress of the garda investigation over the past three years, the government’s position has been literally unchanged in that time.
Identical or almost identical responses have been issued on at least eight occasions to TDs who have submitted queries.
The latest came in answers to parliamentary questions tabled by Fianna Fáil leader Micheál Martin and the party’s justice spokesperson Niall Collins last week.
In a response dated 18 June, Fitzgerald told Collins:
In addition, I am informed by the Garda authorities that, following the examination by An Garda Síochána of the report of the Moriarty Tribunal, the advice of the Director of Public Prosecutions was sought with a view to determining whether or not a full Garda investigation should be commenced.
“As this process is ongoing it would not be appropriate for me to comment in further detail at this time,” she added.
The exact same wording appears in a response to Micheál Martin who tabled the written question two days earlier on 16 June:
In addition, I am informed by the Garda authorities that, following the examination by An Garda Síochána of the report of the Moriarty Tribunal, the advice of the Director of Public Prosecutions was sought with a view to determining whether or not a full Garda investigation should be commenced. As this process is ongoing it would not be appropriate for me to comment in further detail at this time.
The same wording also appears in a response given to independent TD Róisín Shortall in a written answer on 12 May:
I am informed by the Garda authorities that, following the examination by An Garda Síochána of the report of the Moriarty Tribunal, the advice of the Director of Public Prosecutions was sought with a view to determining whether or not a full Garda investigation should be commenced. As this process is ongoing it would not be appropriate for me to comment in further detail at this time.
Almost identical wording was given in response to a question from Sinn Féin TD Pearse Doherty on 24 June last year when Fitzgerald said:
I am informed by the Garda authorities that, following their examination of the report of the Moriarty Tribunal, the advice of the Director of Public Prosecutions has been sought on the findings of that examination, with a view to determining whether or not a full Garda investigation should now be commenced.
This wording was also used by Fitzgerald’s predecessor, Alan Shatter, on several occasions during his time as Minister for Justice.
He used it in written answers to Fianna Fáil’s Billy Kelleher on 15 April 2014 and to Pearse Doherty on 23 April 2013.
Doherty was also given the exact same wording in a written answer on 12 December 2012 when Shatter told him:
I am informed by the Garda authorities that, following their examination of the report of the Moriarty Tribunal, the advice of the Director of Public Prosecutions has been sought on the findings of that examination, with a view to determining whether or not a full Garda investigation should now be commenced.
The same response was also issued to Micheál Martin on 1 May 2012 when he told the Fianna Fáil leader:
I am informed by the Garda authorities that, following their examination of the report of the Moriarty Tribunal, the advice of the Director of Public Prosecutions has been sought on the findings of that examination, with a view to determining whether or not a full Garda investigation should now be commenced.
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Does the scriptwriter get paid each time it’s used or is it just a once off payment I wonder.
More repeats than RTE.
They could at least tweak it and get in how it’s all FF’s fault and how cheap the water charges are and how it would be worse under SF
In the interests of fairness ..
Well done Hugh !
Your right there Hermes, credit where it’s due.
Yep, credit Hugh. So, what I wonder is the DPP’s problem ? Sure, let’s have an inquiry into that problem !!
Jed Nash is yer man, he’ll write a report on it before we go down the enquiry route
Political cronyism and threat of adverse media influence (from certain quarters)…Fine Gael are proving that they are the most corrupt political grouping in the state continuously hiding behind committees for this or that and time wasting legal opinion. The only thing Kenny is quick to make his mind-up on is whether to take state jet or a car to Mayo!
Any other EU country would have the Police Fraud Squad straight onto the case and convictions would have been processed and people jailed. But our Golden Circle is wide and protective ……prison is for the little people not for the folk feeding from the trough of taxpayers money.
They should also have to cover the costs of the tribunal.
Carefull now. We dont want the Director of Public Prosecutions going on sick leave for stress trying to make a decision. Could get a few years off sick there.
Would it be actually possible to sue a political party for failing to deliver on it’s promises? If only.
Really? ???? The Irish electorate voted for this???? A bunch of dummies repeating words like primary school children reciting poetry. Ahh… what else could you expect from unqualified, inexperienced and corrupt prats. Roll on GE soon.
Time the people started to sue politicians past and present for these blatant crimes against and robbery from the state.
Revolution in politics?
So much for Endas contract to the Irish people, end of cronyism, sysmic shift blah blah blah.
Of course they’ve trotted out the same line..they’re a shower of pathological liars who won’t deviate from the official line…Endas new way of doing politics shines through again..
Maybe we need a replacement for the Director of Public Prosecution as the present incumbent obviously not fit for purpose.
that is ridiculous 4 years to reach a decision claire loftus is the director of public prosecutions appointed by the sitting government. maybe thats why a decision can’t be reached.
We have a director of public prosecutions? What’s the pay? Where is their accountability? Who appointed them?
Claire Loftus, FG supporter, was appointed in October 2011.
This is the bloody trouble with our politicians. Ask the same questions and expect different answers (I think Einstein had a phrase for that). Why not ask Claire Loftus for a response, if too slow to responde, ask the minister to ask Claire for a timely response. Then ask the government if it is possible that there might be a more proactive member of staff in the DPP that might be more suitable for position. Keep questioning her suitability for the job publicly until u get the answer.
Also, why does this article not even mention her name, bloody lazy stuff. I’ve recently just found myself on many articles here going straight to comments section to find out the real story.
I blame the grassroots for being too stupid to realise they are being led up a garden path at everyone’s expense ….except the cute hoors of course – and the Troika
#itallendsintears
Let’s be realistic; Ireland’s DPP would never request An Garda Siochana to investigate any matter with potential to damage Ireland’s international reputation.
The Moriarty Tribunal Report definitely fits the bill here, with its adverse findings from those shenanigans from 1995, over the “competition” for the second mobile phone licence.
Consequently, it was always likely to be a dust-gatherer at the DPPs office.
Anyway, it would be a waste of Garda and any Court resources at this time of great budgetary constraints, if DPP had bitten the bullet here. And furthermore any negative findings could indeed have lead to massive claims against the state by disappointed participants to the bidding process for the priceless licence in question.
What else explains why, 20 years on, main players in the drama continue cock a hoop?
IMO we’ll all be pushing up daisies by the time a DPP takes any action here as it seems to be a case of “let sleeping dogs lie” by the Establishment in Ireland on this hot potato.
The DPP, like the HSE, Tulsa, IW, etc., are no more than a political buffer so the government doesn’t have to take any responsibility for action, or as in this case, inaction taken. This government has renaged on its mandate sine the day it came to office. The government is no longer fit for purpose.
Fair play to lowry for getting any criminal proceedings kicked down the road,he will probably be dead by the time anything happens and irish people will be left with a huge bill to pay back the other consortiums that didn’t get the mobile licence. Thanks Michael
I didn’t read the article (too long) but the headline is enough.
Does not surprise me one bit, 1st they have to get their stories straight 2nd wouldn’t have a different view if they tried.
So people would prefer if politicians were involved in deciding what the DPP should and should not investigate?
Democracy 101. Separation of powers.
Pretty obvious they are.
And you can justify this delay Alan ? Really ? Would another 4 year wait be ok ?
next question needs to be how many and how senior employees of the state at DPP are involved with this matter and qhy is it taking sooooo long to be addressed. .?
Is there some sort of statute of limitations which will prevent prosecution for corruption after so many years? Is this what it’s all about?
WHY, Planet of the Apes comes to mind???
Lads. It’s Fine Gael lies.
It’s what they do.
It’s their thing.
amazing e have the integrity of not alone the Gardai,but office of DPP being called into question here. We do not have political policing or prosecutions here thank God.
have your say