INDEPENDENT TD for Tipperary North Michael Lowry has threatened to sue journalist Sam Smyth over his coverage of the Moriarty tribunal.
Mr Lowry confirmed yesterday that solicitors have written to Smyth on his behalf calling on him to "set the record straight" in relation to comments he made on TV3 in June and an article he wrote in the Irish Independentin May.
Smyth was informed that if he failed to do so, Mr Lowry would issue proceedings against him. Mr Lowry's threat is against Smyth personally and not against TV3 or the Irish Independent. It is unusual for a journalist to be sued without the media outlet in which his work appeared also being sued.
In July the businessman Denis O'Brien, the largest owner of media in the State, threatened to sue Smyth personally in relation to the same comments made on TV3 and in the May article in the Irish Independent. Smyth made his comments about the tribunal on the Vincent Browne programme on TV3.
Mr O'Brien is the largest single shareholder in Independent News Media, publisher of the Irish Independent. He is also the owner of Communicorp, which owns Today FM, on which Smyth presents a current affairs programme every Sunday.
The legal threats against Smyth arising from the Independent article are being handled by that organisation’s legal advisers.
TV3 has yet to tell Smyth whether it will indemnify him for any damages that might arise from his appearance on the Tonight with Vincent Browneshow.
Smyth has covered the Moriarty tribunal for the Independent since the tribunal was established in 1997. In more recent years the tribunal has been examining links between Mr Lowry and Mr O’Brien in relation to the State’s second mobile phone licence, issued to Mr O’Brien’s Esat Digifone in 1996. At the time Mr Lowry was minister for transport, energy and communications.
The tribunal issued a confidential set of provisional findings in November 2008 but has since heard additional evidence and has as a consequence altered some of the findings.
A key player in the 1995 mobile phone licence competition, Michael Andersen, who did not give evidence to the tribunal heretofore, has since come forward and indicated he is available to give evidence.
Mr Andersen was a key consultant to the licence process. He has now engaged Dublin solicitor Caroline Preston, of Maples Calder, and is expected to be called to give evidence in the coming month.