'Slab' Murphy to stand trial in non-jury court
The alleged former leader of the IRA will go on trial for tax evasion in the non-jury Special Criminal Court.
Even though mistakes were made bringing the prosecution, Dublin’s High Court ruled Thomas “Slab” Murphy did not take the early opportunities open to him to challenge it.
Mr Justice Iarfhlaith O Neill found state lawyers breached Murphy’s rights by giving his solicitor only four minutes' notice when they applied for the non-jury trial.
The judge said the court order, made in January and containing three technical errors, should stand after the mistakes are corrected.
“I’m satisfied the accused person is entitled to be present and legally represented to ensure this essential step of the process is protected,” the judge said.
The judge added that Murphy’s legal team had not objected to the order between December 19, 2007 and January 10, 2008.
Murphy’s trial on tax evasion has been sent back to Dundalk District Court to amend the order. It is unlikely the prosecution will be challenged.
The 58-year-old republican, who handed over a near €1.2m criminal assets portfolio to authorities last month, faces nine charges of failing to file returns on his income, profits or gains over eight years from 1996.
His lawyers brought a High Court judicial review claiming the four minutes' notice breached his rights.
The reclusive farmer, of Ballybinaby, Hackballscross, Co Louth, was not in the High Court for the decision.
During yesterday’s judicial review application, the judge heard Murphy was returned for trial to the Special Criminal Court by a judge in Dundalk on Thursday January 10.
The following afternoon the state moved to amend the order and fixed a special hearing at the district courthouse in the town for 9am on Monday, January 14.
Counsel for Murphy said his client’s solicitor, Paul Tiernan, was unaware of the court listing until 8.56am on the Monday morning when he was called by a state lawyer.
It emerged two faxes about the hearing were sent to Mr Tiernan’s office after it had closed at 5pm on the previous Friday.
The High Court was told that, despite objections by Mr Tiernan, the hearing went ahead and the amended order was approved.
Barrister Michael O’Higgins, senior counsel for Murphy, claimed the state acted in a manner which was “unfair, unjust and unreasonable”.
He argued the move was a breach of statute and Murphy’s constitutional rights, and the order made in Dundalk was invalid as it proceeded in their absence.
The judicial review was taken against the Special Criminal Court and Judge Flan Brennan in a bid to quash the order and have the case returned to the District Court.
Mr Justice O’Neill accepted Murphy’s lawyers should have been in court but also said they had opportunities to challenge the order for the Special Criminal Court trial between December 19, 2007 and January 10, 2008.
The state maintained the court order was valid and amendments were made after a clerical error.
Last month Murphy, his brothers Frank and Patrick, and the Ace Oils fuel company agreed to give up cash, cheques and properties to Irish and British revenue officers after they were targeted over a massive smuggling racket operating on both sides of the Irish border.
More than €625,000 in cash and cheques were confiscated in Ireland while nine properties in north west England worth £445,000 (€573,000 euro) were recovered by UK authorities.
Gardai said the settlement was the culmination of a global crime and fraud investigation into the proceeds of crime.
