Lowry had 'no hand, act or part' in soccer club deal

Lowry issue: Evidence heard by the tribunal wholly supported the position that former minister Michael Lowry had no involvement…

Lowry issue:Evidence heard by the tribunal wholly supported the position that former minister Michael Lowry had no involvement with Doncaster Rovers Football Club Ltd (DRFC), Denis O'Brien said.

Mr O'Brien was giving evidence as part of the continuing inquiry into whether Mr Lowry had any link to a sterling £4 million deal in 1998 where DRFC was purchased by an Isle of Man trust. The company owns the lease on a football stadium in Doncaster with substantial development potential.

Mr O'Brien told John Coughlan SC that although the evidence supported the view that his family trust owned DRFC and Mr Lowry had no involvement, "I have already been condemned in the court of public opinion".

Mr Lowry was minister for transport, energy and communications when Mr O'Brien's company, Esat Digifone, won the competition for the State's second mobile phone licence in 1995.

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Mr O'Brien told Mr Coughlan he has "never paid Michael Lowry any sum of money or given him any benefit for the purpose of assisting me in winning the mobile licence or rewarding him when my company won the mobile licence".

He said Mr Lowry had "no hand, act or part" in the DRFC transaction.

Mr O'Brien told Mr Coughlan the DRFC project was first brought to his attention by his accountant Aidan Phelan. It was envisaged that the project could be "flipped" in a short period.

As part of the deal Northern Ireland businessman Kevin Phelan, who had brought the project to the attention of Aidan Phelan (no relation), was to manage the project and receive 40 per cent of any profit.

"This relatively high percentage of sweat equity reflected the envisaged intensive efforts and work that would be required by Kevin Phelan to 'flip' the property in a period of 9-12 months," Mr O'Brien said.

He said Kevin Phelan had started negotiations with Doncaster Borough Council prior to bringing the project to the attention of Aidan Phelan, using a shelf company called Westferry. For this reason Westferry continued to be used after Mr O'Brien had agreed to become involved.

Glebe Trust, a trust established by Kevin Phelan, still owned Westferry when a deposit of sterling £690,000 was paid by Mr O'Brien but ownership of Westferry had been transferred to the Wellington Trust, a trust established by Mr O'Brien, before the deal was completed, Mr O'Brien said.

In the event the deal did not progress as had been envisaged. Kevin Phelan was paid sterling £150,000 so he would "go away".

Mr O'Brien said he was not concerned when Mr Lowry's accountant, Denis O'Connor, became involved in negotiations between Kevin Phelan and Westferry in 2002.

"The context was Denis O'Connor knowing Kevin Phelan, not Michael Lowry," said Mr O'Brien. "I knew Michael Lowry never had any interest in this investment."

Mr O'Brien continues his evidence today.

Colm Keena

Colm Keena

Colm Keena is an Irish Times journalist. He was previously legal-affairs correspondent and public-affairs correspondent