Independent Tipperary TD Michael Lowry is taking a case against the State, claiming that the investigation by the Moriarty Tribunal contravened his human rights, under Irish and European law.
The former Fine Gael minister for communications lodged two new sets of High Court proceedings in the past month, both linked to the 2011 report into the awarding of Ireland’s second mobile telephone licence.
The cases bring to four the number of High Court actions the independent deputy is running, all of them linked to the tribunal.
As well as a set of proceedings against Independent News & Media (INM) arising from the 2013 publication of the Lowry tapes, he is taking a case against the State saying the tribunal treated him in ways that contravened his constitutional rights and were contrary to provisions of the European Convention on Human Rights.
Mr Lowry is already awaiting a ruling from the High Court in a case where he has contested the decision of the tribunal to only allow him one-third of his legal costs, on the grounds he did not fully co-operate with it.
He is involved in a separate High Court case where he is challenging the decision of the Director of Public Prosecutions to have charges brought against him alleging he filed incorrect tax returns.
Tax charges
Lawyers acting for Mr Lowry have said it was the reports on the tapes in the
Sunday Independent
that led to a raid by the Revenue Commissioners on his home in Co Tipperary, and the bringing of the tax charges against him.
He has denied the charges.
The largest shareholder in INM, publisher of the Sunday Independent, is businessman Denis O'Brien who was, along with Mr Lowry, the subject of negative findings in the tribunal's 2011 report.
It is understood Mr Lowry’s case against the State is on the grounds of the tribunal’s duration and the level of scrutiny he was subjected to, coupled with the fact that at times he was unable to fund his legal costs and was denied any assistance from the tribunal. Mr Lowry has said his costs could run into millions of euro.
It is not clear what reliefs Mr Lowry is seeking in the case where he is claiming his constitutional rights were undermined.
He could not be contacted for clarification last night.
