Michael Lowry in court action against INM over tapes

Tipperary TD Michael Lowry has lodged proceedings in the High Court against Independent News & Media (INM) in connection with its publication of the so-called Lowry tapes in 2013.

The case was registered on November 6th last. A spokeswoman for the media group said it could confirm it received a legal complaint from Mr Lowry in February 2015.

The tapes, which featured Mr Lowry and Northern Ireland businessman Kevin Phelan, caused a sensation.

They appeared to show Mr Lowry discussing his evidence to the Moriarty tribunal and saying he had never declared a particular payment to the Revenue Commissioners.

Last year, during a hearing in the Circuit Court concerning charges being brought against Mr Lowry by the Revenue Commissioners, counsel for the TD linked the case to the publication of the tapes.

He said a complaint was made to the Criminal Assets Bureau against Mr Lowry in February of 2013 by academic and journalist Dr Elaine Byrne, prior to the start of a succession of articles by her in the Sunday Independent about Mr Lowry and a recording of a purported telephone call between the TD and Mr Phelan.

Mr Phelan featured in so-called money trail modules of the Moriarty tribunal, which investigated dealings involving Mr Lowry and the businessman Denis O’Brien, the largest shareholder in INM.

The Northern Ireland businessman did not give evidence to the tribunal.

Arrangement

Mr Lowry's counsel has said in court that Mr Phelan was in a contractual arrangement with a UK company, Pavilion Capital Partners, that provides funding for litigation, and that at some stage Mr Phelan had written to the then editor of the Sunday Independent, Anne Harris, saying he "couldn't stand over" the tape recording.

INM, Dr Byrne and Ms Harris were not represented in court when the comments were made. Counsel for the Revenue said the recordings were not part of the State’s evidence and that Mr Phelan was not a witness.

It was "inarguable" that the matters dealt with in the Sunday Independent articles were of "legitimate public interest", the court was told.