Denis O’Brien and Michael Lowry Will Not Face Charges Over Moriarty Tribunal Findings

Businessman Denis O’Brien and Independent TD Michael Lowry will not face criminal charges following the findings of the Moriarty Tribunal, which investigated the awarding of Ireland’s second mobile phone licence in 1995. The Director of Public Prosecutions (DPP) has confirmed the decision in recent days, bringing an end to a saga that has spanned over three decades.

Background of the Moriarty Tribunal

The Moriarty Tribunal was established in 1997 to examine payments made to former Taoiseach Charles Haughey and Michael Lowry, then Minister for Communications, regarding the awarding of the mobile phone licence to Esat Digifone, owned by Denis O’Brien. The tribunal published its findings in 2011.

Key Findings and Allegations

The Tribunal found that Michael Lowry had an “insidious and pervasive” influence on the awarding of the licence to Esat Digifone. It concluded that Lowry provided substantive information to O’Brien, which significantly aided him in securing the licence. The Tribunal found that Lowry received payments totaling IR£147,000 and £300,000 from O’Brien through a series of property deals and a loan of £420,000.

Both O’Brien and Lowry rejected these findings. O’Brien maintained he never made payments to Lowry, stating in 2011, “They looked at every bank account I had in the world…And they still couldn’t discover a payment that I made to Michael Lowry because I never did.” Lowry similarly dismissed the findings as “phantom” in a 2018 interview.

DPP Decision and Reactions

Denis O’Brien welcomed the DPP’s decision, stating he was “pleased to put this chapter behind me” and that the decision supported his long-held position that no evidence of criminal wrongdoing existed. RTÉ News reported on his statement on March 11, 2026.

Michael Lowry also stated that he would face no charges, describing the Tribunal’s findings as “always flawed, not being based on hard facts or admissible evidence, but on conjecture, manipulation and speculation.”

The Irish Examiner reported that O’Brien criticized the tribunal process, stating it did not “serve the purpose for which they were intended” and that fact-finding was discarded in favor of “opinions” and “theories.”

Investigation Timeline

The findings of the Moriarty Tribunal were investigated by Gardaí for 13 years. A file was sent to the DPP in late 2024, leading to the recent decision not to pursue criminal proceedings.

Criticism of Tribunals of Inquiry

O’Brien expressed broader concerns about the effectiveness of Tribunals of Inquiry in Ireland, describing them as “desperately flawed” and “desperately unfair.” He argued that they often fail to establish facts and instead rely on speculation.